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HomeMy WebLinkAbout2024-10-01 RegularCity Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 01, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader Mayor Robert E. Simison ABSENT Councilman Brian Whitlock PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA [Action Item] Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 1.Approve Minutes of the September 10, 2024 City Council Work Session 2.Approve Minutes of the September 10, 2024 City Council Regular Meeting 3.Approve Minutes of the September 17, 2024 City Council Regular Meeting 4.Apex NW Roadway Pool Project Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0129) 5.Hadler Subdivision No. 1 Water Main Easement No. 1 (ESMT-2024-0124) 6.Lavender Place Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0117) 7.Pera Place Subdivision Sanitary Sewer Easement No. 1 (ESMT-2024-0126) 8.Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement (ESMT- 2024-0132) 9.Final Order for Ferney Subdivision (FP-2024-0015) by Jeff Hatch, Hatch Design Architecture, located at 4160 E. Lanark St. 10.Final Order for Prescott Ridge Subdivision No. 4 (FP-2024-0016), by KM Engineering, located on the east side of N. Rustic Oak Way, approximately 1/4 mile south of West Chinden Blvd./US 20-26 11.Findings of Fact, Conclusions of Law for Ferney MDA (H-2024-0034) by Jeff Hatch, Hatch Design Architecture, located at 4160 E. Lanark St. 12.Interagency Agreement for Roadway Construction/Water and Sewer Construction between Ada County Highway District and City of Meridian 13.Authorization to issue Purchase Order to Ferguson Enterprises for Fiscal Year 2025 Water Meters and Related Equipment for the Not-to-Exceed amount of $1,054,684 14.Authorization to Issue Purchase Order to DuBois Chemicals for Sodium Hypochlorite for the Water Department for the Not-to-Exceed amount of $517,000 15.Approval of Sole Source for Western States Equipment Company for the Purchase of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services 16.Resolution No. 24-2479: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Office Supplies and Office Furniture to the West Ada School District ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] PROCLAMATIONS [Action Item] 17.Fire Prevention Week Proclamation COMMUNITY PRESENTATIONS [Action Item] 18.Just Serve City Award PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 19.Fiscal Year 2025 Budget Amendment in the Amount of $14,000 for Police Canine Unit and Equipment Approved Motion to approve made by Councilwoman Little Roberts, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 20.City Council Discussion of Drive-Thru and Conditional Use Permit Process FUTURE MEETING TOPICS ADJOURNMENT 7:07 PM Meridian City Council October 1, 2024. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, October 1, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug Taylor and Anne Little Roberts. Members Absent: Brian Whitlock. Other Present: Chris Johnson, Bill Nary, Caleb Hood, Bill Parsons. ROLL-CALL ATTENDANCE X Liz Strader Brian Whitlock _X_Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is October 1st, 2024, at 6:00 p.m. We will begin our regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item up is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: The next step is our community invocation. Is Chris present? If you would like to come up and -- I'm sorry I turned that around on you. I didn't really think about the community invocation. I think Chris has -- Chris has got it. So, if you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Chris: Dear Heavenly Father, we are grateful for the peace in our city. We are grateful for the devotion of our civil servants and these elected officials. We ask a blessing on this meeting that we might work together for the benefit of our city and for the whole. Help us to do all we can to -- to continue to receive a blessing of prosperity and peace in the city. This we pray, uniting our faith in thee, in Jesus' name, amen. ADOPTION OF AGENDA Meridian City Council October 1,2024 Page 2 of 22 Simison: Thank you. Next up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No changes this evening, so I move we adopt the agenda as presented. Overton: Second. Simison: Have a motion and a second to adopt the agenda as published. Is there any discussion? If not all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the September 10, 2024 City Council Work Session 2. Approve Minutes of the September 10, 2024 City Council Regular Meeting 3. Approve Minutes of the September 17, 2024 City Council Regular Meeting 4. Apex NW Roadway Pool Project Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0129) 5. Hadler Subdivision No. 1 Water Main Easement No. 1 (ESMT-2024- 0124) 6. Lavender Place Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0117) 7. Pera Place Subdivision Sanitary Sewer Easement No. 1 (ESMT-2024- 0126) 8. Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement (ESMT-2024-0132) 9. Final Order for Ferney Subdivision (FP-2024-0015) by Jeff Hatch, Hatch Design Architecture, located at 4160 E. Lanark St. Meridian City Council October 1,2024 Page 3 of 22 10. Final Order for Prescott Ridge Subdivision No. 4 (FP-2024-0016), by KM Engineering, located on the east side of N. Rustic Oak Way, approximately 1/4 mile south of West Chinden Blvd./US 20-26 11. Findings of Fact, Conclusions of Law for Ferney MDA (H-2024-0034) by Jeff Hatch, Hatch Design Architecture, located at 4160 E. Lanark St. 12. Interagency Agreement for Roadway Construction/Water and Sewer Construction between Ada County Highway District and City of Meridian 13. Authorization to issue Purchase Order to Ferguson Enterprises for Fiscal Year 2025 Water Meters and Related Equipment for the Not-to- Exceed amount of $1,054,684 14. Authorization to Issue Purchase Order to DuBois Chemicals for Sodium Hypochlorite for the Water Department for the Not-to-Exceed amount of $517,000 15. Approval of Sole Source for Western States Equipment Company for the Purchase of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services 16. Resolution No. 24-2479: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Office Supplies and Office Furniture to the West Ada School District Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve the Consent Agenda as presented. For the Mayor to sign and the Clerk to attest. Overton: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda was agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council October 1,2024 Page 4 of 22 ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. PROCLAMATIONS [Action Item] 17. Fire Prevention Week Proclamation Simison: So, we will now go on to our first item, which is a proclamation for Fire Prevention Week. So, chief and Charlie and whoever else that wants to be coming up if you would like to join me at the podium. So, I will do a proclamation, but I will turn it over to you all for the best words in the house about Fire Prevention Week. Whereas the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city and whereas fire is a serious public safety concern both nationally and locally and homes are the locations where people are at greatest risk from fire and whereas Meridian fire's first responders are dedicated to reduce the occurrence of home fires and related injuries through prevention education and whereas Meridian residents are responsive to public education measures and are able to take personal steps to increase their safety from fire and whereas this year's theme smoke alarms, make them work for you, effectively reminds us about the importance of having smoke alarms in the home and the Meridian Fire Department supports the campaign team, to heed the call to action, install, test and replace. Therefore, I, Mayor Robert E. Simison, hereby proclaim the week of October 6th through 12th, 2024, as Fire Prevention Week in the City of Meridian and call upon the community to observe the important safety message of Fire Prevention Week and to be prepared with smoke alarms in your home to keep the community safe. Dated this 1st day of October 2024. With that, Charlie, chief, Carly. Shears: Just want to thank the City of Meridian for your support in community risk reduction. I have a quote that I just want to share that I think is really important. I think I actually heard it from Chief Blume and it's there is no honor in responding to an emergency that could have been prevented and that's kind of our goal with Fire Prevention Week and just community risk reduction overall is helping our community prepare, so that they don't have to experience these emergencies, such as home fires or cardiac arrests or different events that our first responders have to go to, but better enable them to be prepared for these types of things and they can prevent them prior to them happening. So, I appreciate your dedication towards this effort there and the City of Meridian as a whole. So, thank you. COMMUNITY PRESENTATIONS [Action Item] 18. Just Serve City Award Simison: Next item up is Item 18, which is Just Serve city awards. I don't know -- who is -- Karen, are you -- Jenna Lee -- okay. Jenna Lee and Bryn. Good evening. Meridian City Council October 1,2024 Page 5 of 22 Wolf: Thank you, Council, for inviting us to be with you tonight. My name is Jenna Lee Wolf and I'm the Meridian area Just Serve specialist and this is Bryn Booker, who is the area -- Boise area Just Serve specialist who has worked with the city for several years. For those who haven't heard of Just Serve, there is an app and a website that allows the community to find ways to volunteer. Today we are here to present the city with a Just Serve city award, which is a recognition designed to honor cities that demonstrate an exceptional commitment to volunteerism that made a significant impact in the community through these efforts. To receive this designation as a Just Serve city a city must publish a proclamation that recognizes the value of volunteer work and engage with volunteering throughout the city. Mayor Simison has signed a proclamation for Volunteer Appreciation Week. Signed four proclamations for Do The Right Day and in conjunction with the Boise and Nampa mayors he signed a Treasure Valley proclamation for the multi-faith action project that encourages community members to serve together We recognize the City of Meridian for their yearly emphasis on volunteerism and for utilizing just serve as community service platform. The City of Meridian has utilized Just Serve as a resource for their annual Do The Right Day, partnered with Just Serve in the West Ada School District for the Do The Right Day fair. Highlighted Just Serve on their My Meridian podcast, supported service projects with Just Serve for Global Youth Service Day and 9-1-1 National Day of Service and they have listed volunteer opportunities on Just Serve. The city's previous volunteer coordinator Jaime del Barrio did a fantastic job of sharing volunteer opportunities on Just Serve, like Spark -- or Sparklight Movie Night, trunk or treat, the winter lights parade and the city's flower planting project. We appreciate how the City of Meridian has encouraged community and city values through community service and could not be more honored to be presenting this award to the Mayor and the City Council and the City of Meridian. This is well deserved this Just Serve city award. The City of Meridian will receive a framed certificate and Just Serve swag items that you will be able to share, recognition on the Just Serve website when the awards page is created and they will be celebrated on local Just Serve Treasure Valley social media accounts. Congratulations to the Mayor, City Council and the entire City of Meridian for being a standard of volunteerism truly in our community. Your leadership and example makes Meridian a wonderful place to live, work and build unity in the community through service. Thank you so much for all that you do. We appreciate you. Simison: Thank you, Bryn, Jenna Lee. I know we want to do a picture real quick. I just want to first say thank you for what you all do. It's great to have you recognize us for the relationship and partnership, but you are out there connecting people and I know providing a lot of opportunities for people to come and volunteer and Jaime is back there shaking his head up and down. He agrees. We know we couldn't do what we do as a city community without the efforts of you and so many others and so thank you for the relationship and partnership. All right. So, Council, shall we do a picture and you want to invite others back -- in back to join us as well. PUBLIC FORUM — Future Meeting Topics Meridian City Council October 1,2024 Page 6 of 22 Simison: Thank you. Council, we are down to the next item. Public Forum. Anyone sign up, Mr. Clerk? Johnson: Mr. Mayor, yes. Perry Coles. Simison: Perry, would you like to come forward and speak at this time? I know you might be here for an item specifically. I know it's not a public hearing, but I assume you would want to hear from the committee who came to talk about the item, so you can either wait and do it when we bring it up or you are happy to give a comment now, whichever way you prefer. Okay. Perfect. Sounds good. Thanks, Perry. ACTION ITEMS 19. Fiscal Year 2025 Budget Amendment in the Amount of $14,000 for Police Canine Unit and Equipment Simison: So, with that we will move on to Item 19, which was an action for fiscal year 2021, budget amendment the amount of 14,000 for police canine unit and equipment. Justin. Dance: Thank you, Mayor. This is a budget amendment in front of you for FY-25 for 14,000 dollars to replace one of our canines a little early. As many of you know our department has six dual purpose canines. We usually replace them in batches ideally three at a time, but we are kind of in a unique situation replacing this one early, because the handler that had this dog, which was the second handler to have this specific dog, was promoted and is no longer going to handle the dog and we are currently evaluating and training three others. So, doing this early really helps us out because it's about a 400 hour training process and if we can get -- the more dogs we can get into this training cycle the better. As you all know it's a heavy lift to get through that training and get the dogs out there to help us. So, with that I would stand for any questions. Simison: Thank you. Council, any questions for staff? Do I have a motion? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, it is an honor to move that we approve the budget for police canine for 14,000 dollars. Overton: Second. Simison: Have a motion and a second to approve Item 19. Is there discussion? Cavener: Mr. Mayor? Meridian City Council October 1,2024 Page 7 of 22 Simison: Councilman Cavener. Cavener: So, if I understand correctly, this one that we are doing the budget amendment for would join the other three that we already planned to cycle and so there will be four together, is that the plan? Justin: Correct. Cavener: And, then, Mr. Mayor, just a comment. Congratulations, first budget amendment of the year. You couldn't get it any closer if you tried. Totally recognize what -- what occurred that -- that brought this forth today, but thought I would give you a hard time for being the first budget amendment of the year. We worked with our finance partners and lined this all up months ago, but it's just kind of how it fell, so it's all good. Thank you, Mr. Mayor. Simison: Is there further discussion on the motion? Okay. If not, clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 20. City Council Discussion of Drive-Thru and Conditional Use Permit Process Simison: With that we will move on to Item 20, which is our City Council discussion of drive through and conditional use permit process. We will turn this over to Bill to begin the conversation. Parsons: Thank you, Mayor, Members of the Council. Mr. Nary came and spoke to me last week and said you guys wanted us to come and give a presentation. I don't think it has to be very formal. It looks like it's more of a public forum and an open discussion with Council this evening. But I did put together a slideshow. As you all know in the UDC conditional use permit authority is granted by you to the Planning and Zoning Commission and that's what I have kind of highlighted on this table here. So, this is what we -- this is a tool we use to guide people through the public hearing process with us and so when someone comes and speaks to us about a conditional use permit we tell them you are going before Planning and Zoning Commission and it's a public hearing and that's where it usually stops. There the decision making body, unless somebody appeals their decision on that application and on occasion that has occurred where they can come and do that. The other item that you see highlighted on this particular screen is the recent change that we did last year where you were starting to see a lot of development agreement modifications ahead of the conditional use permits and some of you weren't feeling comfortable about acting on a DA when you didn't have Meridian City Council October 1,2024 Page 8 of 22 of CUP in front of you. You are like why are we approving a concept plan with this type of use when the use hasn't been approved? So, you asked staff to go back to the drawing board, amend the code and so now whenever there is a concurrent development agreement modification associated with a conditional use, essentially, the P&Z has become the recommending body and you guys can make the decision on that and in conjunction with the DA modification. So, those are probably the two notable changes when we have a conditional use permit and oftentimes, as Council knows, a condition of use is -- the majority of the time is associated with a companion application or a concurrent application. You see a lot of those in advance. I will go ahead and go through my slideshow. So, one of the things as I was preparing for today's presentation -- or tonight's presentation is I wanted to go back and see what -- how many drive throughs have we approved the last four years or so and just kind of -- I guess it's five years or part of this year and see what -- what we have really done and out of those, as you can see here, a majority of those are either drive-through restaurants or -- that seemed to be the common theme from '20 until now. Currently we still have five in process now. So, I won't go into a lot of those details, because some of those may come in front of you, but you can see here our busiest year was 2022. So, not a lot of drive throughs historically, but as you know there is -- there are other uses in the code that require conditional use permit that aren't associated with a drive through. So, again, in our ordinance we do a conditional use is one of those that just -- it's a use that's allowed in that zone, but there is conditions that go along with that, so -- and, then, of course, I brought -- went ahead and threw other talking points. I'm not sure where Council wants to take this discussion this evening, but, again, I know last time when I was before you on September 10th speaking about some changes I had proposed I believe the conversation the Council had is, well, do we define a different drive through? Do we define uses differently? For example, is a bank drive through defined differently than a restaurant drive through. You can clearly see in this the definition that it isn't. A drive through is a drive through. In my time with the city there have been a couple bank drive throughs that have been converted to a restaurant drive through. So, it's very conceivable that if we do approve a drive through for a bank that in the future if another drive through were to move into that vacant building and commence a different use, a restaurant with a drive through, it would still be considered -- although it's a change of use for the restaurant from the bank, the drive through would still be vested or approved or allowed to continue under that conditional use permit. So, we don't have that ability to go back before the Planning and Zoning Commission or the City Council if it were the case to change any of those conditions. It kind of runs with the land. What we have noticed at least the trends and the conversations that I have had with our stakeholders or customers, that if you -- and I'm sure a lot of the Council Members are pretty savvy with this, too -- is a lot of the drive throughs are going app based now or where you can order online and you go through the drive through and they just hand it to you out the window and you don't have to really order anymore or have a menu board. So, you do move cars quicker through those drive throughs. I have seen that -- that trend and so when we have met with applicants they say -- and we ask them to put that information in their narrative and we -- so that way when we approve the project we are -- we are not approving it with a menu board or a speaker, we are like, no, you are approved based on how you operate and if another drive Meridian City Council October 1,2024 Page 9 of 22 through does go in there that wants a menu board or speaker we are going to have you come back and modify that CUP. So, we have taken that proactive approach so that we don't just give them a blanket approval, we will say, no, here is a condition of your CUP, which is a requirement of the CUP and when you want to do something different or change how you operate, then, you are coming back. But that's some of the experience that I have seen recently with the conditional use permits and I know I'm gearing up the next UDC focus group meeting to bring up the revised changes that I brought to you or shared with you back on the 10th. You asked us to study those a little bit more. So, I think a couple things we could address as part of that is -- I have seen on a couple occasions if ACHD has concerns with stacking of vehicles or queuing of vehicles, they do require that queuing analysis to be part of their review and approval. As you know we are not tech -- technical experts on those types of documents, but it's something that I have thought about in these situations where you have a pretty heavy user, a pretty busy restaurant that's new to the area and you got to wait for more to come online to kind of balance out the popularity of it. That may be one option where we can require them to give us a queuing analysis, have a traffic engineer stamp that and share -- inform us how that's going to operate. That's one thing that I don't currently have in the changes that I shared with you, but it's something I took note of as we discussed that topic a couple weeks ago. But that's really all I had for the Council tonight, unless you have any other specific questions. Overton: Mr. Mayor? Simison: Thank you, Bill. Councilman Overton. Overton: Just a real quick clarification, Bill. The queuing analysis is required by ACHD? Parsons: Yeah. So, Mayor and Members of the Council, Councilman Overton, only if they have concerns that may stack on public right of way. It's not necessarily a private property issue, it's more of -- if, for example, that stacking lane -- there is a potential for cars to back up -- and we have that on occasion. I think you are probably aware of some of our coffee vendors where the city had to get involved and work with ITD and ACHD to mitigate some of those concerns. But, yeah, if they have concerns it will stack on their public right of way they will ask for that. Overton: Mayor, follow up? Simison: Councilman Overton. Overton: Maybe just to kind of open this from a little bit different perspective. I think I might have been the one that kicked this ball for the first time this time. It is my understanding that it was approximately -- and correct me if I'm wrong -- 20 years ago that this process was changed, so that these drive throughs would be approved at the P&Z level and prior to that they were all approved in front of City Council and at that time this was a much more efficient way to move through this process and what we have now is we are getting -- they are not just dry cleaners, they are not just banks, we Meridian City Council October 1,2024 Page 10 of 22 are actually finding that we are getting and attracting some of these and they are all restaurants that I know of that basically have raging fans and -- I mean raging. I mean people that are willing to go a few times a week and sometimes those raging fans are my grandkids in the back of my car and I'm doing the -- on my phone ordering food sitting in that drive through. So, I completely understand why they are popular. What I get concerned with is not when they are on a private property situation, because that stacking is the responsibility of the private property, but I'm very much concerned about when we have stacking that stacks out into roadways outside of their site plan that's going to interfere with either neighborhood traffic or business traffic. That's where I brought this up. I think that if we don't somehow get a chance to take a look at these and we end up getting approval of these and it becomes a problem, I think some -- it really kind of falls back on us that we didn't do that due diligence to take the steps necessary to make sure that it was right when it first occurred. So, that's kind of why I was bringing this up. I want to have this conversation and see whether we need to make a change. Obviously, I think over 95 percent of our drive throughs in the city are not going to cause us any stacking issues. It's only a few that are very highly successful when it comes to how their drive through business works. Hood: Mr. Mayor, can I respond a little bit to that? Simison: Mr. Hood. Hood: So, I do believe Councilman Overton is -- is somewhat regurgitating some of our conversation about this and I -- you know, I know it's been this way for at least 21 years, because we haven't changed it since I have been here. So, I think that's why in at least 20 years we see on the screen and that this authority that you delegated to P&Z has been the case. I actually didn't do the research. I don't know how much longer before that it's been the case that this has been the way you have done business. Mr. Nary has been in one capacity or another part of -- of this for some time. So, he could probably -- and with a little research we could figure it out. It is -- it is -- it is typical. I think there are a couple of things here and maybe just to dissect them as you talk about them all together; right? There is a process and we can do whatever Council wants. If you want to change it from P&Z being the final authority on conditional use permits that's your call. We can change the code, do it like all the others, run that through so you know what's going on in your community and your final approver on conditional use permits. I think where Bill was trying to take it in September and even going forward and through the UDC focus group is trying to address the standard so we don't get so many CUPs and not only take it off of everybody's plate and we say if you can do this queuing analysis and you satisfy X, Y and Z, you don't need any other special approvals, we will try to do this administratively if we can. If we can't and that's not satisfied we will still have some version of a conditional use permit process. In that, though, I want you to be aware -- just be careful a little bit what you ask for, because drive throughs are not the only conditional use permit. There are a hundred uses that also are a conditional use permit. So, you could get a lot more on your plate if you just simply say not P&Z anymore, Council. You will be getting daycares, you will be getting all kinds of other uses that are conditionally allowed in those zones. So, again, back in Meridian City Council October 1,2024 Page 11 of 22 the day I don't know intent or why they -- city fathers at that time said, hey, this is the right approach. P&Z do all these. But just want you to be aware if you go that direction it wouldn't just be drive through conditional use permits, it would be conditional use permits. So, just eyes wide open. It might be the right thing to do and I'm not saying it's wrong. We can show you all the uses that require a conditional use permit and maybe there is a way we can even parse that up to say drive through CUPs -- if that's the only flavor of CUP you want to see, we potentially could do that. Anyways, I just wanted to speak a little bit and times change and maybe it is appropriate for Council to review drive throughs and/or all CUPs. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Caleb, exactly what you are saying and some of the information I got on time was both from you and from our city attorney who served on the Council at that time and I believe it was done for the right reasons. I think it was done to try to shorten the process, make it more efficient, which we are always trying to figure out a way to make our system more efficient for people going through it. I'm certainly not looking at trying to lengthen that for all CUPs and I don't know whether there is a way we can just parcel out -- I don't know if you want to say parcel out any that -- I feel like I'm picking on some if they -- I just -- we parcel out just restaurants or if there is a way to parcel out just those CUPs for drive throughs that just by the site plan and the nature of how it is if there is stacking it's going to be on a public right of way, not on a private area side of development. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think maybe what Council Member Overton is inquiring about is if a drive through would require a queuing analysis from ACHD that be a threshold to, then, come before the Council for approval. Hood: Mr. Mayor, Councilman Cavener, it could be; right? That would be a standard we could adopt in our code and say when some certain threshold -- and this is what I don't know with ACHD is how do they know when to ask for that queuing analysis? What are the things they are looking for in their site planning when they say, you know, for this one we need a queuing analysis, but for that one we don't. I don't know where that line is. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council October 1,2024 Page 12 of 22 Cavener: I think I'm in the same spot and I think it was either you were Bill said we are not experts on this particular piece, that's why we rely on the partnership with the highway district and what I think where Council Member Overton come from -- he doesn't want to be subjective, he wants to remain objective, but also maybe wants a narrow set of sideboards of what would necessarily come to us, so that we are not sacrificing efficiency just for Council to always have their fingerprints on it. There is -- there is a basis on which these particular types of projects that have already been called out from the experts as maybe requiring more diligence, those naturally, then, come to us for -- for final -- final approval. I don't want to put words in Council Member Overton's mouth, I just -- that's I think what I was kind of hearing from them. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: You are not putting words in my mouth. You are actually probably saying it a little better than what I was saying it, so I appreciate that. I guess one of the ways I would like to -- to maybe make this -- drive this home. When a business owner in the city calls me because there is going to be an issue with the stacking -- or potential issue with the -- the stacking on a drive through that's coming to the city and I get involved and want to try to help and see what we can do, what I came to learn -- and I didn't know that I wasn't going to get a chance to look at this because of the process -- was that they are not calling members of P&Z, they are calling their representatives on Council to be the one that they would discuss this with, although we do not have a chance to review it. So, it's -- it's -- what I'm trying to avoid is a situation where we try to do our best to help, whether it's a homeowner or a business owner, but by the time we are having contact it's too late and if that cueing analysis -- if we knew enough about how that was structured and it was consistent and how that was requested, then, that could be the tipping point, I would be okay with that. I just don't have any parameters to go by on whether that would be enough to take it to the level of the queuing analysis required, then, it comes in front of City Council. Hood: Mr. Mayor, if I can address some of those remarks and kind of take it up slightly different, but in the same vein. Yes, that's an outstanding question. We need to get with ACHD and probably even ITD because some of these are, you know, their drive throughs are affecting state facilities as well. So, not just ACHD, but ITD as well and understand, you know, where that bar is or what -- what are they looking for, again, in that queuing analysis request. I want to, again, transition back to the process a little bit more though first conditional use permit -- and Bill kind of said it, but I want to -- I want to just make sure everyone understands this. It's not a principally permitted or otherwise allowed use, but it's really darn close. It's tough for the city to deny those. It's an approval with appropriate conditions. So, I just want to make sure that that's the -- you understand it's really not -- and you are used to saying yea or nay, thumbs up or thumbs down, and this is more of a yes and -- yes, you get to do that, but here is some things you need to -- to also do to address your impact. So, I just don't want to mislead anybody that if you get conditional use permits it's, yeah, we don't want that here now. Meridian City Council October 1,2024 Page 13 of 22 No, they -- it's just short of an entitlement. It's -- you are almost there, but you -- with some appropriate conditions to mitigate those impacts. So, I just want -- please just keep that in your mind as you are coming up with this and I think that may have played into why, again, 20 some years ago the city said let's give that to P&Z, they can come up with appropriate conditions for projects. Not if the project's appropriate or not, but appropriate conditions for those uses in those zones. Yes, we need the queuing analysis and, again, then, that's where that comes and even so, right, ACHD is not denying those projects. There is conditions that they are going to put on there. Now, this is right-in, right-out instead or whatever those -- you know, whatever that analysis shows to do there, but it really isn't a denial for most of these, it's an approval with -- with -- but, anyways, I just want that process piece. We will see what we can find out and also just as I give the mic back, I really think that's where we -- staff is kind of headed with this is let's standardize this and, then, when it's not appropriate we do need to daylight that with our community, either P&Z or Council, let's get that into a form where it's not -- we do have a little more ability to say no, because the queuing -- there is no mitigation for that. It's just not the right location. We anticipate too many cars -- and there is nothing you can do aside from going somewhere else. You know, the site is -- is just located in an elevation where you can't do anything about it. You can't operate that business without having a negative impact on our community. We are trying to get there with the standards for the UDC focus group and other professionals to say okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A response to that either for you, Caleb or Bill. That is a hundred percent correct. But Council could apply additional conditions as part of that conditional use permit request; correct? So, if it comes before us and, yes, again, I have learned it's very very hard to deny a CUP, because we are conditioning this use. But Council could say, well, we appreciate what has come recommended. A, B, C and D are also required in order to -- to meet the needs; correct? Hood: Absolutely. And I will, you know, Bill's been -- been quiet thus far and I'm not asking him to speak necessarily. There needs to be some nexus the right to those conditions; right? They shouldn't be just arbitrary. So, you can otherwise get to a denial. Hey, we need you to, you know, make them do loop de loops before they go through your drive through or, you know, turn your, you know, window on the other side so it's through the passenger what -- you know, it needs to be something like reasonable, right, that is trying to mitigate the concern you have. But absolutely yes. Council, P&Z, staff, whoever gets a bite to say do these things to again mitigate any negative impacts to our community at this makeup. So yes. Simison: Council Woman Strader, do you -- Meridian City Council October 1,2024 Page 14 of 22 Strader: Yes, Mr. Mayor. Please. If you don't mind. I don't think that our City Council would put arbitrary conditions on a -- on a business that needed a CUP. So, I just wanted to say that. But, you know, I kind of was going with -- if you feel like a queuing analysis will come consistently enough in the process for like the most problematic ones, I think that might make sense or I was curious about exploring the possibility where we give the Planning and Zoning Commission discretion on some of the more challenging CUPs to send it to City Council for review. That might be another approach that we could take. You know, if in their view there -- if there was some sort of a standard like they thought that this could have a very adverse impact on surrounding streets, etc., they could have the ability to -- the discretion to send it to us to opine on it. That might be another method. Just throwing that out there for consideration. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: So, Bill and Caleb, I'm going to try to articulate what I'm thinking and I hope I can do a good job. So follow me if you can. So, with the conditional use permit and I like the way you articulated it's not quite an entitlement, but it's pretty close. These are allowed uses under certain conditions. I have always been one that would -- would lean towards the idea that if we don't have to have it come before P&Z and City Council I think that would be preferable. If there is a way where staff can essentially confirm that boxes are being checked, then, approval could be granted, that would be something I would prefer as a process. However, I recognize that not all things can go through that process. So, is there a way to, then, identify a threshold that to just go to P&Z and if there is something that, then, would have to elevate it to City Council just sort of in the circumstance, how hard would it be -- this is my first question. How hard would it be or challenging or time consuming would it be to establish sufficient clear guidelines, all applicants, when they are going to get a conditional use permit to say, we know exactly what we need to do to get the city -- you know, for you guys to sign off on that? Is that an easy process? And, then, would it -- just on top of that the process of identity identifying a threshold to say this really is a P&Z decision and, then, it's actually probably something that City Council needs to weigh in. Hood: Mr. Mayor, Councilman Taylor, so that maybe just helps answer the question with just our current process. So, today if you are not within 300 feet of another drive through or residential district you are approved by staff with standards. There is still design standards you have to meet. Doesn't mean you can have your driveway and stack one car and, then, you are out in Ten Mile. There is still standards, but you meet those standards and you are not within 300 feet of a residential district or another drive through, it's just administrative. Two weeks basically to get through that process once you submit your application. So, it's all administrative with P&Z. So, even with Council Woman Strader's kind of scenario, you could do a tiered approach; right? So, again, now if you have 300 feet of those you go to P&Z today; right? That's -- that's -- so, we tell you that's about a 90 day process, because there's a public hearing. We have to notice newspaper and neighbors, you got to do a neighborhood meeting, it's the next Meridian City Council October 1,2024 Page 15 of 22 level of scrutiny. We could have this other -- I don't know exactly how we do this, I don't know that P&Z just gets to punt without some -- you know, to you if they are like, well, we don't know, let's take it to City Council, we probably want to have that defined. They make a recommendation still to Council, but it does get to Council somehow when, you know, the queuing analysis triggers something that goes to Council; right? So, that's kind of where we are at. And, again, Bill's got some of that now. We have recent contact with some other professionals that design layouts for drive throughs that we are going to try to see if we can take some of that work they have done in the past and, again, vet it through the UDC focus group and, then, back to Council to see if we can do some of that. But, again, today we can tell you this is your process. P&Z no go or whatever that is. Parsons: Just to add a little bit more on that. So, any CUP can come to the City Council if someone doesn't like the decision the Commission made, so they can appeal that to you, realize that sets it over for another public hearing and it does cost money. So, it's -- it's 700 dollars. I think that's probably some of the discussion that you wanted to have tonight, too, that John probably -- sorry -- Councilman Overton probably had, too, is, yes, there -- there are other mechanisms to get these in front of you already in code it's just more money and time; right? So, I do appreciate the conversation tonight though, but that's the other -- you know, whether or not -- and I'm -- I'm spit balling ideas, too, because I don't have a perfect solution for this other than like you said, if you generated an exorbitant amount of traffic through a traffic study, then, that may be the case it comes to you, because, obviously, ACHD, ITD, they have thresholds for traffic studies and maybe that's the kicker. I don't know. But that's one way where it could get in front of you or the other conversation with the Council if you wanted to change code for drive throughs is it your intent to bypass P&Z or still keep them as a recommending body? Because if that's the case, then, you are really not gaining anything -- any value or time. Hood: I was just going to add that -- Bill, thank you for bringing that. But you could -- we do have some application types where just from staff to Council DA mods; right? They don't go to P&Z. So, you can do something similar. If we have those whatever those matrix are and says, hey, this threshold go to P -- you to go to Council. I don't want to jump to that solution necessarily. Just saying that is an option if that -- if Council really wants to see these drive throughs, however, that gets defined, we could do it that way, too, and bypass P&Z altogether and just pour the -- in the interest of time, because every hearing is 30 to 45 days to a schedule and cost -- additional cost for everybody. Taylor: Mr. Mayor, quick follow up. Simison: Commissioner Taylor. Taylor: So, you had mentioned the experts and I remember that from our last meeting that you had come in contact with them. I assume you are still looking to get some information or maybe I'm not sure where you are in that process, but it would seem to me -- and maybe this is more of a comment than a question -- that maybe there is some Meridian City Council October 1,2024 Page 16 of 22 clarity that they can provide around the entire process of designing that could just add another layer of clarity about what's really an acceptable design for drive throughs and, then, what's really something that really needs to come before Council. I'm all in favor of having as much of this figured out administratively as you said. In thinking about it, having to go through multiple processes of public hearings -- like if we don't need to do that I don't really want to do that. I'm not asking for more things to come before City Council, but if there is more we can clean up on the front end that would be my preferred desire. I'm intrigued by the idea of, you know, cutting out a month or, you know, month and a half of wait time and hearing times and noticing or something that probably doesn't need that to take place. Parsons: So, Mayor, Council, just -- Councilman Taylor, so Council Member Overton is part of that UDC focus group committee, so he will be part of that discussion with that gentleman, so he will be looped in and get educated like the rest of us. So, really, probably the biggest takeaway that I -- my conversation with that gentleman as far as designing drive throughs is some of the information he shared with me is they actually have two stacking standards as part of their drive throughs. So, the first stack of vehicles is the distance between where the window -- ordering window is and the menu board and, then, you have another stack from the menu board to where you enter the drive through and so that -- that to me was very intriguing. How do you -- how do you build that into your code and he -- he sent me an example or a graphic of how it works. So, I think this particular place they required a minimum of five vehicles between the stack -- the window and the menu board and, then, additional four vehicles from the menu board to the entrance of the stacking lane. So, you are looking at a minimum of nine vehicles per stacking lane is how they kind of -- one jurisdiction. So, that was an intriguing thought to look at that and see how that would play into our design standards moving forward. But just wanted to share some of that information with you tonight. Little Roberts: Mr. Mayor? Simison: Council Member Little Roberts. Little Roberts: Mr. Mayor. Caleb and Bill, have we had any in the last year, year and half, that have triggered an analysis that we are aware of? Parsons: Mayor, Members of the Council, Council Woman Little Roberts, I'm trying to look that up. I know I have seen some from ACHD and I was like what's a queuing analysis? And, then, I also reached out to Mindy and asked her when she would require that and, I'm sorry, I don't remember all the discussion off the top of my head, but I know there is a threshold for that. So, I can't give you any specifics tonight. I apologize for that. Hood: If I can -- and I don't know -- I didn't have those conversations. I actually wrote it down to figure out when -- when they required it, so I haven't had those conversations yet. I will say, though, we have had some businesses come to town with a cult following and, you know, a lot of them -- and I'm not -- this isn't going to characterize any Meridian City Council October 1,2024 Page 17 of 22 business or not, but a lot of them kind of anticipate that and they don't want their patrons to have a bad experience either; right? They don't want them to be in fender benders. They don't want them to have to wait longer than necessary, however you define that. But they will talk with us and our police department and others to come up with a traffic control plan and, you know, something that, really they are not trying to be -- in my experience they are not trying to be bad neighbors or cause issues; right? They want them to be a successful business in our community; right? By not negatively impacting others. So, to some degree, you know -- and this is a separate conversation, but related -- that curing analysis I don't know that that is the only thing we want to rely on, because you got a private business that's hiring -- they are hiring the person to write the queuing analysis; right? So, you are kind of -- you have the persons that are in charge of the -- you know, they are -- anyways, some of those studies and reports I don't trust very much. I will just say it that way. They are being paid to write some analysis by the person that wants it -- to show that they are not -- don't need to do a whole bunch of improvements. So, maybe there is something else that we look at or have, again, a peer review of those things that say, yeah, really, we kind of question if that's going to be enough. So, that's where 1, too, want to be part of these conversations with these professionals, because, again, I think they are trying to be good actors for the most part and understand their impacts and so that this can function. Simison: Council, food thought, then, I don't know if I'm going to throw a wrench into this or not, but I think it's perspective on thoughts. We often reply to people when they reach out to the city say we don't approve individual businesses, we approve uses, and when we start getting to the question about is there a cult following for a business or not, that really does change I think that viewpoint and that dynamic if we are going to be approving or considering what we allow or don't allow based on how successful or not successful we think a business will be. Now, don't want to close your eyes, but it also does beg the question in this context. Quite frankly, the size of the property in my opinion dictates more of this than anything. You put a very cult like following business out on ten acres, nothing else, do you need to go through all the processes that you are talking about potentially? And I'm not saying we are talking about anything specifically, but that may be a very different scenario than some of the situations where Council has said that's too many drive throughs on property. You know, we have had that conversation as well. So, I think that -- I don't know really where the conversation was headed tonight and that's -- we have heard a lot of things. In fact -- and we have seen a lot of things that have not gone well. We see how driver throughs create conflict points. You know, look right up here -- when you go to one that no one here was approved. I think Mr. Nary wasn't here. At the Taco Bell and the Kentucky Fried -- that's a mess in that area with drive throughs and intersection points for people trying to access areas. there is another one just right -- well, further down on Meridian Road right past Overland that has created a -- I have appreciated what Council has deliberated over, even though I understand everyone wanted to, you know, extend the process and make it speedy, but they change all the traffic patterns in every area and the walking patterns in every area and we need to be mindful of that in that context. So, just that's all I got. I know -- nothing else besides that. Councilman Overton. Meridian City Council October 1,2024 Page 18 of 22 Overton: Well -- and just to end my comments this evening. At no point do I think you guys aren't doing a fantastic job or that Planning and Zoning isn't doing their job. I think they are all doing their job very well. Saying law enforcement for years it was predictable. It was preventable. Just hope in some of these instances if we can predict that we are going to have a situation and just because of this location we may end up with a problem, that in some form or fashion that's also preventable, we should do everything in our power to do that and if that ends up being at a different location than coming, we have a process in place that gets that done that takes care of it. You know, the goal here is not to make a process longer as much as it is I would like to make sure that we are putting businesses in our city that are going to be successful, but also that their impacts to their neighbors will be with them successful as well. Simison: Councilman Overton, did you have a question for anybody from the audience? Overton: Mr. Mayor, yes, I actually have a member from the audience that I spent quite a bit of time talking to about an upcoming drive through. If permitted I would love to have him spend a few minutes. He just went through this process at Planning and Zoning. Hear firsthand how that process went. We have discussed what we think the process should look like what a business owner thinks that looked like from his perspective. Simison: Mr. Nary, were you going to say something? Nary: Yes. Mr. Mayor, Members of Council, my only concern is the particular property over here, that case is still pending and can be appealed. So, it could be in front of you. So, I would be apprehensive -- unless it's a very generic comment that the gentleman has, it's still an appealable case, so he still could bring that forward. So, I -- again, don't know what he wants to say and if it's very general it's fine, but we do have to make sure the record doesn't get tainted by a conversation here in the case that he could still appeal. Overton: Understood. I would leave that to the business owner. If he believes it would be very generic or if it's better not to make those comments at this time. Just leave this in our hands. Simison: If you can -- Perry, if you want to come up and at least say what you are going to say on -- so, everyone can hear it. If you would state your name. Coles: Perry Coles and I represent the Copper Canary building at 2590 North Eagle Road. What has been talked about tonight is very similar to the situation that we are in right now. Most of you know -- or maybe some don't know -- we had an entrance on Eagle Road that was closed and, then, with the right turn lane put in and so our customers -- our employees with the right turn around our buildings go into our parking lot. That's the new entrance for us, which is actually just fine. We are happy with it. We understood coming in that we were going to get closed and actually I think it's a lot safer Meridian City Council October 1,2024 Page 19 of 22 for customers and our employees. So, all in all it was a good idea. The issue that I have is the right turn lane is a 25 foot wide lane and, then, it goes to a -- we will just call it a backage road. There is a two lots that are north of me, which are undeveloped and, obviously, one of them is in process right now of getting approval. The backage road is, again, only north-south, just the distance of the two lots and, then, on the other side of that 25 foot wide road is a hotel that's going in. It's about 130 units. The Wyndham Hotel. Behind that is 340 apartments that are now being finished also that are going to be on that road and, then, they opened it up to the 400 and something apartments just behind us. So, we have about 800, 900 units that people are going to come out. We have already seen moving vans. We have seen a lot of things. And what I'm really concerned with is the amount of traffic on a 25 foot wide road that's, again, very short north to south and you can pass a car and a truck in either direction, but there is no ability to stack anything. So, when you put in, you know, a really successful business where the cars going to go? The first place that I see them going is go back up to Eagle Road, because the second right turn may -- will go into right turn lane into that and that area is where you go into Trader Joe's also. So, again, you have that, too. And, then, they come through the back of the lot and there is really no place for the cars to go. There is only a couple -- there is a double drive through with seven cars each. Simison: Getting a little specific. Coles: Sorry. Simison: So, stacking of-- stacking -- adequate stacking for drive through -- Coles: Stacking for drive through is a really big issue, because there is nowhere for the cars to go. All this tremendous traffic coming from all the things being built and developed all in the exact same spot and I'm really concerned about my customers being able to get to my property and certainly to get there safely and to get out safely, because the entrance and exit of our parking lot is right on the edge of that road. We have nowhere else to go. So, everything is converging from three different directions in the exact same place. So, at a minimum I would love to see some kind of solution, whether they widen the road ten feet or have a stacking lane -- I'm not against businesses -- Simison: Maybe just want to see the -- it contained to the property and not extended out to other areas and is the property able to accommodate that or not. Just trying to be more general. Coles: Right. Yeah. Is there a place for all the traffic and all the cars to go? And that's my concern and it doesn't appear to be like that. So, again, you know, as a property owner, as a business, we have the 60 parking spaces here. We have plenty of parking. But what's coming about -- there is no place to park, there is no place to pass, I don't know what to do other than I just -- you know, thank you for -- Simison: Thank you. Meridian City Council October 1,2024 Page 20 of 22 Overton: Mr. Mayor, quick follow up. Simison: Councilman Overton. Overton: I know when I explained to Perry tonight that what we are talking about is future applications, not the ones that are in front of us that are in process right now. For us to go back and make any changes or modifications or simplify this process we can't really do that with anything that's already in process right now. We have had that conversation. Again, I think the whole -- the whole goal is -- is when some of these products come in to different areas and they are kind of piecemeal -- pieces may initially look like they are all going to fit together, that's not necessarily the case when we are dealing with collector roads and arterial roads so close to these projects. I appreciate the comments from Planning again tonight. I think the solution's in front of us. I don't exactly know what that is. But we can tighten this up, work closely with their work group on that language as we continue to go. Simison: Maybe you just said something right there that is, you know, proximity to -- I mean in a lot of ways. I mean that -- that can be an indicator of certain challenges, at least from what we have visually seen around the city is when you are accessing in and out. So, sorry, that was not -- in and out around a specific area that that's where you get the conflicts is when the, you know, drive aisle access near where the entrance access also exists on the property -- or close to a major roadway in that context. So, again, I don't know, but that's what I tried to infer in -- from all these is how do you apply that -- should you apply this in any specific situation. So, great conversation. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Just a couple things. I think maybe, yes, this -- as the committee, you know, and the UDC committee discusses some of this, keep in mind -- I mean, again, I think this is the challenge that Planning is -- is always dealing with is trying to distinguish what we might think common sense is there are different uses of property that legally are very difficult to change. I mean we are talking about the properties that at one point maybe was approved for a convenience store and now it's a drive through. Now, we might see those and the average person would say those are two different things. But if I had to legally define why is that use of the property different, it isn't significantly different. I mean many convenience stores have drive throughs in them and they have stacking lanes and they have multiple cars and they are very popular. You know, again, we have never had, until the last few years in the city, the impact of particular businesses, as Council Member Overton said, that have this very large popular following. I mean we had one. We had Krispy Kreme. That was it. Didn't have a whole lot of businesses like that. It was very unheard of for the city. I agree with the Mayor, I wasn't here when they approved Taco Bell and Kentucky Fried Chicken, but I was when they tried to put another one in the middle of it and that's why we don't allow three drive throughs on properties anymore, because it's almost impossible to make them function. So, it is -- Meridian City Council October 1,2024 Page 21 of 22 that's really the challenge and even in this conversation I think all of you can see it's very hard to distinguish -- well, why is this different? You know, this was approved to be a bank, now it's a food restaurant. The McDonald's on Ten Mile and Cherry Lane was originally going to be a laundry and, then, it became a McDonald's. So, I mean it really -- when you get right down to it from the planning side and the legal side, it's really hard to carve these out. That's why they are looking for standards like roadway access. The Mayor brought a great point. Access to arterials and those things that are much more generic and objective, rather than based on what type of business it is or this type that really can't have discretion and that's a part of the reason why it was changed from a Council decision to the Planning and Zoning is because it's predominantly driven by the code. It's not a discretionary choice and Council tends to have decisions that have some level of discretion. Is it good for the city? Is this a good use of the city to have this type of business here? But when you get right down to it, as Caleb said, it's almost an approved type of use with conditions. Those are very code driven issues. Why -- what's the condition. Not is this a good idea. It's already been decided. It's an okay idea. So, now it really has been down at the P&Z level. All of those can change. All those reasons can change. But we really have to try to keep it at that very, you know, narrowly focused on objective things and not -- not discretionary things. That's kind of what we have been looking for. Simison: Council, anything further on this topic? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Just, you know, your comments got me thinking. I was kind of wondering if Planning had thought about, you know, maybe looking at some case studies of here are drive -- you know, we don't know the names, but maybe just here are examples of drive throughs that we don't think function well, maybe taking some examples and trying to, you know, take a look at our standards through that lens. I mean that might be one way to try to do it. I feel like having some case studies or kind of some examples might help crystallize it. I guess I was sort of thinking about the discretion -- it may be in a narrower way where if Planning and Zoning felt like, you know, there were certain factors that were kind of extraordinary that they would have the ability to -- to send it to us for -- you know, for us to weigh in, but I understand, you know, kind of -- the challenge and I do agree, I -- you know, a business might start out with an overwhelming amount of demand and, then, it can calm down, too; right? So, I want to be sensitive to that, like just because somebody opens and has a crazy month doesn't necessarily mean that that's the kind of steady state that we are going to expect once it's kind of a mature business. So, I -- I also want to be sensitive to that. I am very -- like I hate having a concentration of a large number of drive throughs in one small area. So, that -- that to me is kind of an important point. It sounds like we have already covered that in our standards, but I would want to make sure that we are kind of covering that pretty comprehensively. I don't know where we are going to go with this tonight, because -- you know, it's kind of an open topic. It feels like it needs to go Meridian City Council October 1,2024 Page 22 of 22 through a focus group. We need more information about the conditions that trigger queuing reports and so forth. Simison: Based on what I heard I thought Councilman Overton was going to be working with Planning and outside to maybe examine this in further detail is kind of what I heard as next steps. Strader: Got it. Overton: Mayor, that's correct. I was already going to be a part of the focus groups moving forward and now this will become one of our agenda items in that process. Simison: Okay. Councilman Cavener, anything else? Okay. Thank you very much. We will look forward to the ongoing conversation and many more land use applications that involve drive throughs I'm certain, so -- perfect. FUTURE MEETING TOPICS Simison: Council, any future meeting topics or a motion to adjourn? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7.07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10-15-2024 MAYOR ROBERT SIMISON ATTEST: 10-15-2024 CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 10, 2024 City Council Work Session Meridian City Council Work Session September 10,2024 Page 22 of 22 MOTION CARRIED: ALLAYES. Simison: Do I have a motion to adjourn? Cavener: Mr. Mayor, I move to adjourn the meeting. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned from our work session. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-1-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 10-1-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 10, 2024 City Council Regular Meeting Meridian City Council Work Session September 10,2024 Page 37 of 37 Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you. Enjoy watching the debate. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION [Amended to add to agenda] per Idaho Code Section 74- 206(1)(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Simison: With that -- Cavener: Mr. Mayor? Simison: -- Executive Session. Councilman Cavener. Simison: Move we go into Executive Session pursuant to Idaho State Code 74- 206(1)(d). Strader: Second. Simison: Motion and second to go in to Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (7.46 p.m. to 8.10 p.m.) (Motion and second to come out of Executive Session.) (Motion to adjourn.) MEETING ADJOURNED AT 8:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON 10-1-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 10-1-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 17, 2024 City Council Regular Meeting Meridian City Council September 17,2024 Page 72 of 72 MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Strader: I move that we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 10:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-1-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 10-1-2024 V IDIAN� AGENDA ITEM ITEM TOPIC: Apex NW Roadway Pool Project Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0129) ADA COUNTY RECORDER Trent Tripple 2024-055444 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/03/2024 09:41 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Apex NW Roadway&Poo!Project Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number ifthe project contains more than one easement of ' this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0129 Record Number: SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 1 St day of October 20 between Smith Brighton Inc. ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences,trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SMITH BRIGHTON INC. V____ By: Robert L. hillips, President STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on 9/11/2024 (date) by Robert L. Phillips (name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity) on behalf of Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) Notary Stamp Below SHARI VAUGHAN COMMISSION#20181002 Notar Signature NOTARY PUBLIC Y $B STATE OF IDAHO My Commission Expires: a03 7 MY COMMISSION EXPIRES 065/01/2030 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-1-2024 Attest by Chris Johnson, City Clerk 10-1-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-1-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/0 1/2024 Ank km E N G I N E E R I N G September 10,2024 Project No.:24-047 Apex NW Roadway&Pool Project City of Meridian Water&Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer easement being situated in a portion of the East 1/2 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southeast 1/16th corner of said Section 31 which bears N89°52'08"W a distance of 1,310.34 feet from the South 1/16th corner of said Section 31 and Section 32,thence S22°59'52"E a distance of 36.97 feet to the POINT OF BEGINNING. Thence N00°17'39"E a distance of 122.79 feet; Thence N89*42'21"W a distance of 1.97 feet; Thence N00°16'52"E a distance of 48.24 feet; Thence 231.62 feet along the arc of a curve to the right,said curve having a radius of 317.00 feet,a delta angle of41°51'48",a chord bearing of N21°12'47"E and a chord distance of 226.50 feet; Thence N42°08'41"E a distance of 79.51 feet; Thence S47°51'19"E a distance of 94.00 feet; Thence S42°08'41"W a distance of 79.51 feet; Thence 162.94 feet along the arc of a curve to the left,said curve having a radius of 223.00 feet,a delta angle of 41°51'48",a chord bearing of S21'12'47"W and a chord distance of 159.34 feet; Thence S00°16'52"W a distance of 164.76 feet to the subdivision boundary of Apex Northwest Subdivision No. 2 (Book 124, Pages 19844-19847, records of Ada County, Idaho); Thence following said subdivision boundary the following four(4) courses: 1. N89°42'21"W a distance of 12.51 feet to a 5/8-inch rebar; 2. N36°28'37"W a distance of 5.01 feet to a 5/8-inch rebar; 3. N89°43'08"W a distance of 63.00 feet to a 5/8-inch rebar; 4. S53°03'43"W a distance of 17.02 feet to the POINT OF BEGINNING. Said easement description contains a total of 0.94 acres(41,034 square feet),more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. ti0t�' a a 12459, OF 191 L. 13 q • /0•yOz`F 5725 North Discovery Way• Boise, Idaho 83713 • 208.639.6939• kmengllp.com LINE TABLE LINE BEARING DISTANCE L1 S22'59'52"E 36.97' IN L2 N00'17'39"E 122.79' 0 100 200 300 L3 N89'42'21"W 1.97' Plan Scale: 1"= 100' L4 N89'42'21"W 12.51' L5 N36'28'37"W 5.01' N42'08'41"E 79.51' R L6 N89'43'08"W 63.00' �s�, de"' `9st 79 4' L7 S53'03'43"W 17.02' 00• c,� 7p, / Proposed Apex Northwest / Subdivision No. 5 / /� s42•08'41"w 79.51' Brighton Development, Inc S 1131427850 %�w 70, /4. V Proposed Apex Northwest Subdivision No. 5 N60-1615211E m 48.24' Brighton Development, Inc > POINT OF COMMENCEMENT 3I S1131427850 o SOUTHEAST 1/16 CORNER IC1 SECTION 31 p tZ SOUTH 1/16 CORNER I V) I I I L3 N o SECTIONS 31&32 O U Proposed Apex J Wi IJ Northwest BASIS OF BEARING Q ri, — — Subdivision No. 3 — o — fi N89'52'08"W 1310.34' o Z L1 (TIE) L6 o 1 Proposed E. L5 L4 Crescendo St. POINT OF — — o BEGINNING > E. Crescendo St. z o I Q aApex Northwest N Subdivision No. 2 n 3 CURVE TABLE a w CURVE RADIUS LENGTH DELTA CHORD BRG CHORD a 3 C1 317.00' 231.62' 41'51'48" N21'12'47"E 226.50' 0 E N G I N E E R I N G C2 223.00' 162.94' 41'51'48" S21'12'47"W 159.34' m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO83713 o PHONE(208)639-6939 Exhibit B - City of Meridian Water & Sewer Easement kmengllpaom Apex Northwest Roadway and Pool Project i DATE: September 2024 PROJECT: 24-047 a SHEET: A portion of the East 1/2 of the Southeast 1/4 of Section 31, d 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hadler Subdivision No. 1 Water Main Easement No. 1 (ESMT-2024-0124) ADA COUNTY RECORDER Trent Tripple 2024-055445 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/03/2024 09:42 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Hadler Subdivision No. 1 Water Main Easement Number: 01 Identtly this Easement by sequential number if the project contains more than one easement of this type.Sea instructions/checklist for additional information. For Internal Use Only ESMT-2024-0124 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 1 St day of October 20 24 between F111, LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and set-vice said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACI-IED EXHU31TS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation oftbis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including,but not limited to,buildings,trash enclosures, carports, sheds, fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Page I Version 01/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on ql?14241 (date) by C (name of individual), [complete the following l signing in a representative ca achy, or strike the following if signing in an individual capacity] on behalf off (name of entity on behalf of whom record was executed), in the following representative capacity: — M& .R^ _ (type of authority such as officer or trustee) Notary Stamp Below - S144119101toe ••�.+��11 LAB •,,+ No ary Signature G.+` •y�'�y My Commission Expires:_ �3'adak •0 tAOTAR •.r s Afill L1 040. oo Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-1-2024 Attest by Chris Johnson, City Clerk - - 024 STATE OF IDAHO, ) ss. County of Ada } 10-1-2024 This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 01/01/2024 I DA H O 9939 W Emerald St SURVEY Boise, ID 83704 GROUP EXHIBIT A Phone: (208) 846-8570 Hadler Subdivision No. 1 City of Meridian Water Easement Boundary Description Project Number 23-121 July 8, 2024 An easement situated in Lot 1, Block 1, Rescue Ranch Subdivision (Book 106 of Plats at Pages 14734 to 14736, Records of Ada County, Idaho) in the northwest quarter of the southwest quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at the west quarter-section corner of Section 5,Township 2 North, Range 1 East, Boise Meridian, which bears N00'04'42"W, 2655.92 feet from the southwest corner of Section 5; Thence S89°52'50"E, 1143.08 feet along the north line of the southwest quarter and boundary of Lot 1, Block 1 of Rescue Ranch Subdivision; Thence S00°07'10"W, 12.00 feet to the POINT OF BEGINNING: Thence continuing S00°07'10"W, 119.50 feet; Thence N89'52'50"W, 20.00 feet; Thence N00'07'10"E, 119.50 feet; Thence S89°52'50"E, 20.00 feet to the POINT OF BEGINNING. The above-described easement contains 2,390 square feet, more or less. L ANp S F G 1 4 70 Page 1 of 1 �j qTF OF c�gFL S ��� E. Via Roberto Ln. S.6 S.5 S89'52'50"E 1143.08' 1/4 S89'52'50'E `S00'07'10"W 20.00' _ _ 12.00' nT_ 1 Point of I O 1 1 Beginning I 1 I � 1 I I I 01 O oi in I u� 1 N I b 20' o 6n o (I 0 10 0 1 11 l 0 12 N o z I V) m � c- Block 2 O �I U I 1 o 1 Cn OI J I I m 00 vi I I Z I I I — �N 89'S2'S0"W 20.00' E. Hadler Dr. I I I A S S.6 IS. 5 E. Columbia Rd. p • - - - a 70 S.7 S.8 CUP) 0 icy of \y��`' qEL S. N Scale: 1"=30' 0 15 30 60 P:\Nadler Subdivision 1 23-121\dwg\Water E—.dwg 7/8/2024 12:03:42 PM Coordinate System: Ada County IDAHO 9 Exhibit B Drawing for Jo No Hadler Subdivision No. 1 SURVEY 121 BOISE,939 t No. EMERALD STIDAH083704 City of Meridian — Water Easement Sheet (208)846-8570 Situated in Lot 1, Block 1, Rescue Ranch Subdivision, GROUP, LLC in the Northwest Quarter of the Southwest Quarter of Section 5, Dwg. Date Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. 7/8/2024 V IDIAN� AGENDA ITEM ITEM TOPIC: Lavender Place Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0117) Project Name or Subdivision Name: Lavender Place Sanitary Server&Water Main Easement Number: Idemitc this Easement b,sequesi nal number if the proleet contains more then we casement or this type See instructrowchecklnst for additional infor matron For Internal Use Only ESMT-2024-0127 ADA COUNTY RECORDER Trent Tripple 2024_055446 Record Number: BOISE IDAHO Pgs=7 VICTORIA BAILEY 10/03/2024 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE IIJ THIS Easement Agreement made this 1 St day of October 20 24 between LH Development meet LLc ("Grantor")and the City ofMeridian,an Idaho � . a Municipal Corporation("Grantee"), WHEREAS, the Grantor desires to provide a sanitary sewer and water main righi way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. - IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 0 1,10 112024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees ofany kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: LH Development LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on Sep.9,2024 (date) by Larry Squires (name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of LH Development, LLC (name of entity on behalf of whom record was executed), in the following representative capacity:Manager (type of authority such as officer or trustee) Notary Stamp ,tome1}rilf11 I N� i azAgy9 i L Notary Signature My Commission Expires: Qft Sanitary Sewer and MMW% asement Page 2 Version 0 110 112024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-1-2024 Attest by Chris Johnson, City Clerk I U-1-2024 STATE OF IDAHO, ) : ss. County of Ada ) 10-1-2024 This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notan Stamp Belo%% Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01 01 2024 Legal Description Lavender Place Subdivision City of Meridian Sewer and Water Easement An easement located in the SE Y4 of the SW '/a of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwest corner of said SE '/4 the SW '/4 (W 1/16 Corner), from which an Aluminum cap monument marking the southeast corner of said SE Y4 of the SW '/4 bears S 89058'24" E a distance of 1331.96 feet; Thence N 0009'52" W along the westerly boundary of said SE '/4 of the SW '/4 a distance of 295.91.00 feet to a point; Thence leaving said boundary S 89°58'24" E a distance of 63.91 feet to a point on the southeasterly boundary of Lavender Heights Subdivision No. 1, as shown in Book 122 of Plats on Pages 19137-19140, records of Ada County, Idaho being the POINT OF BEGINNING; Thence leaving said boundary N 90°00'00" E a distance of 18.56 feet to a point; Thence S 45°00'00" E a distance of 29.57 feet to a point; Thence S 88037'06" E a distance of 36.90 feet to a point; Thence S 67°30'00" E a distance of 19.80 feet to a point; Thence S 22°30'00" E a distance of 35.78 feet to a point; Thence S 63'43'13" E a distance of 30.79 feet to a point; Thence S 75°33'01" E a distance of 79.45 feet to a point; Thence N 14026'52" E a distance of 53.74 feet to a point; Thence N 33019'39" E a distance of 18.67 feet to a point; Thence N 0°00'02" E a distance of 71.87 feet to a point on the boundary of said Lavender Heights Subdivision No. 1; Thence along said boundary S 75°33'08" E a distance of 20.65 feet to a point; Thence leaving said boundary S 0°00'02" W a distance of 72.70 feet to a point; Thence S 33'19'39" W a distance of 21.33 feet to a point; Thence S 14°26'32" W a distance of 50.42 feet to a point; bl"tip Lavender Place Subdivision ns Q—LA�ld ndd Su—ying and Consu ing Job No. 1 Page 1 of of 3 3 Thence S 75°33'01" E a distance of 331.00 feet to a point; Thence N 14°26'52" E a distance of 71.01 feet to a point; Thence S 75°34'33" E a distance of 20.00 feet to a point; Thence S 14°26'52" W a distance of 48.32 feet to a point; Thence S 75°33'08" E a distance of 12.00 feet to a point; Thence S 14026'52" W a distance of 13.89 feet to a point; Thence S 89°42'57" E a distance of 65.28 feet to a point; Thence S 0°05'41" W a distance of 20.00 feet to a point; Thence N 89°44'02" W a distance of 70.39 feet to a point; Thence S 14°26'52" W a distance of 18.86 feet to a point on the boundary of said Lavender Heights Subdivision No. 1; Thence along said boundary N 89°58'24" W a distance of 43.74 feet to a point; Thence leaving said boundary N 14°26'52" E a distance of 8.60 feet to a point; Thence N 75°33'01" W a distance of 408.65 feet to a point; Thence S 14°26'52" W a distance of 51.71 feet to a point; Thence S 76°03'16" E a distance of 9.01 feet to a point; Thence S 13'45'15" W a distance of 19.94 feet to a point; Thence N 76°30'23" W a distance of 33.65 feet to a point; Thence N 0°04'38" E a distance of 20.14 feet to a point; Thence N 13d29'44" E a distance of 54.13 feet to a point; Thence N 71 000'48" W a distance of 18.53 feet to a point; Thence N 26'16'40" E a distance of 11.04 feet to a point; Thence N 63°47'05" W a distance of 16.88 feet to a point; Thence N 22°30'00" W a distance of 11.24 feet to a point; Thence N 0000'00" E a distance of 10.10 feet to a point; Uin o'gtjo Lavender Place Subdivision Q_�' 2 o Land SSumeying and Consulting Job No. f 3 Page 2 of 3 Thence N 89°26'57" W a distance of 4.20 feet to a point; Thence N 22°30'00" W a distance of 11.99 feet to a point; Thence N 67°35'53" W a distance of 6.16 feet to a point; Thence N 88°33'08" W a distance of 33.57 feet to a point; Thence N 45°00'00" W a distance of 29.23 feet to a point; Thence N 90°00'00" W a distance of 6.34 feet to a point on the boundary of said Lavender Heights Subdivision No. 1; Thence along said boundary N 6°41'33" W a distance of 23.16 feet to the POINT OF BEGINNING. This easement contains 28,171 square feet (0.647 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS \�NPk- LAN0s Land Solutions, PC 5 T c Gp September 10, 2024 0 11118 ox "cry ►�1�-`t s `%9TF 0 F \1�1 NCO TAN W NP ,-- o'ut,ions Lavender Place Subdivision Land SSumeying and Consulting Job No. 17-55 Page 3 of 3 LAVENDER PLACE - CITY OF MERIDIAN SEWER AND WATER EASEMENT - EXHIBIT I POINT OF Li LAVENDER HEIGHTS�TS SUBDIVISIONNO. 1 J/ AREA=28,171 SF E 63.91' L1 S89'58'24"E w l��L��4, L20' o I L42 m L40_ L37 L38 10 �6 0 0 / l� S5 33'01 E (16 �,// J1 n � 3 .Qp' o rn zl`-4 o L ? NZ Cog co53,30)„W � _rn " J ter- J L24 I E. LAKE HAZEL RD. 32 ICY V W 1/16 - - - - - S89'58'24"E 1331.96 BASIS OF BEARING S 1/4 LINE TABLE LINE TABLE LINE TABLE LINE TABLE LINE LENGTH DIRECTION LINE LENGTH DIRECTION LINE LENGTH DIRECTION LINE LENGTH DIRECTION L1 18.56' N90'00'00"E L12 72.70' SO'00'02"W L23 18.86' S14'26'52"W L34 16.88' N63'47'05"W L2 29.57' S45'00'00"E L13 21.33' S33'19'39"W L24 43.74' N89'58'24"W L35 11.24' N22'30'00"W L3 36.90' S88'37'06"E L14 50.42' S14'26'52"W L25 8.60' N14'26'52"E L36 10.10' NO'00'00"E L4 19.80' S67'30'00"E L15 71.01' N14'26'52"E L26 51.71' S14'26'52"W L37 4.20' N89'26'57"W L5 35.78' S22'30'00"E L16 20.00' S75'34'33"E L27 9.01' S76'03'16"E L38 11.99' N22'30'00"W L6 30.79' S63'43'1 YE L17 48.32' S14'26'52"W L28 19.94' S13'45'15"W L39 6.16' N67'35'53"W L7 79.45' S75'33'01"E L18 12.00' S75'33'08"E L29 33.65' N76'30'23"W L40 33.57' N88'33'08"W L8 53.74' N14'26'52"E L19 13.89' S14'26'52"W L30 20.14' NO'04'38"E L41 29.23' N45'00'00"W L9 18.67' N33'19'39"E L20 65.28' S89'42'57"E L31 54.13' N13'29'44"E L42 6.34' N90'00'00"W L10 71.87' NO'00'02"E L21 20.00' SO'05'41"W L32 18.53' N71'00'48"W L43 23.16' N6'41'33"W L11 20.65' S75'33'08"E L22 70.39' N89'44'02"W L33 11.04' N26*16'40"E \0Np,L LA IV,0 5 is O 11118 11°I L14 �� z 0' 50' 100' 200' ti lF 0 F ��P 5� Lan I u t1m(jh n s Land Surveying and Consulting A 231 E.5TH ST. MERIDIAN,ID 83642 r• (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB NO.17-55 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Pera Place Subdivision Sanitary Sewer Easement No. 1 (ESMT-2024-0126) ADA COUNTY RECORDER Trent Tripple 2024-055447 BOISEIDAHO Pgs=5 VICTORIA BAILEY 10/03/2024 09:42 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Pera Place Subdivision Sanitary Sewer&Water Main Easement Number, 01 Identify We Easoment by sequential number if the project contains mom then one easemant of this type.See inshrionslWoMist for additional information. For Internal Use Only ESMT-2024-0126 Record Number: SANITARY SEWER EAS&MENT, THIS Easement Agreement made this 1 St day of October 20 24 between Applied Media Inc. -("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS,the sanitary sewer is to be provided for through underground pipelines to be constructed by others;and WHEREAS,it will be necessary to maintain and service said pipet ines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other good and valuable consideration,the Grantor does hereby give,grant and convey unto the Grantee the right-of- way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and allied facilities,together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofth is easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports,sheds,fences,trees,or deep-rooted shrubs. Sanitary Sewer Easement Page 1 Version 01/01/2024 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which ties within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs,personal representatives,purchasers,or transferees ofany kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Applied Media Inc. STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on t2`/(date) by Tony Tseng (name of individual), [complete the following 1 signing in a representative capacity, or strike the following if signing in an individual capacity) on behalf of Applied Media Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type ofauthority such as officer or trustee) Notary Stamp Below DANIEL L LARDIE Notary Signature %/29/2027 NOTARY PUBLIC•STATE OF IDAHO My Commission Expires: COMMISSION NUMBER 20234001 MY COMMISSION EXPIRES 9-29.2029 Sanitary Sewer Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-1-2024 Attest by Chris Johnson, City Clerk 10-1-2023 STATE OF IDAHO, ) . ss. County of Ada } This record was acknowledged before me on 10-1-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer Easement Page 3 Version 01/01/2024 City of Meridian Sanitary Sewer Easement Description For Pera Place Subdivision The following describes A Parcel of Land for the Purpose of a Sanitary Sewer Easement being a portion of the Southwest 1/4 of Section 27, Township 4 North., Range.1 West., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southwest Corner of said Section 27 which is being Monumented with a found Brass Cap. From which, the West 1/4 Corner of said Section 27 which is being Monumented with a found Brass Cap bears, North 00031'09" East, 2637.37 feet; Thence along the Westerly Boundary Line of the Southwest 1/4 of said Section 27, North 00031'09" East, 1505.03 feet; Thence leaving said Westerly Boundary Line, S83°36'16"E, 985.46 feet, to the POINT OF BEGINNING: Thence, N00°43'36"E, 16.22 feet; Thence, N00041'20"E, 13.78 feet; Thence, S89°16'24"E, 259.26 feet; Thence, N00043'36"E, 54.09 feet; Thence, S89°16'24"E, 20.00 feet; Thence, S00°43'36"W, 140.00 feet; Thence, N89016'24"W, 20.00 feet; Thence, N00043'36"E, 55.91 feet; Thence, N89016'24"W, 259.25 feet to the POINT OF BEGINNING. The above described Strip of Land Contains 0.24 acres (10578 Sq. Ft.), more or less. /9/24- 5.28,-I,_S.27 p� L LAN � \OENSC sG,P k; 9-0y 4 8251 1 OF I i M lV` Scale: 1"=60' IN 1 N2 0 10 30 60 120 I 1 N �1 � ^I C r7 L O cV N m Ld _ I 0 OI W p 1 N 17 a � m z S89'16'24"E 1 1 N00'43'36"E �20.00' d I ( 54.09' o ai L) U a O 2 °c N00'41'20"E I Block 2 n o in; 13.78 S89'16'24"E 259,26' o zl Z 4 a S83'3,6'16'"E 965:46' n , M O _ U N00'43'36"E N89'16'24"W 259.25' a 16.22' I o � O O Point of Beginning I N00'43'36"E 20.00' in 55.91' 0 LO N89'16'24"W 20.00' I _ S.28 I S.27 A McMillan Rd. C - - - - — S.33 15.34 P:\Peaa Pia<e S,p4miu, 21-546\<•0\S—cf E.M1LL4.0 3.55:40 PM Job No. P IDAHO City of Meridian Sanitary Sewer Easement Exhibit 21-546 ej 9355 cA�ERALD ST Sheet No. fL SURVEY 001 E.10A OBJi0� For Pero Place Subdivision 1 torsi e�o-evo •'��I GROUP, LLC Located in the SW 1/4 of Sectlon 27. Dwg. Dole T.3N., R.1W., B.M., City of Meridian, Ado County. Idaho. 9/9/2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement (ESMT-2024-0132) ADA COUNTY RECORDER Trent Tripple 2024-055448 BOISE IDAHO Pgs=7 ANGIE STEELE 10/03/2024 09:43 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE � Sl l�,I�itSti Il 1. Sanitary Seaver&dater Main Easement Number: s Tdendb thht r iuhrroht by segoen9.ial number if the llrojeet eontaiRN MOne thtav else vacment of this type.See instme ionsrohecklist for additional information, For Internal Use Only ESMT-2024-0132 Record Number: SAMARY A Ill I-MA IS Easement Agreement made this 1st day of October 20 24 between Hubble Homes, LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation('Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. r GRANTOR: Hubble Homes, LLC uSi1!l Fdjareu, 4cMwr4rA Arm- STATE OF IDAHO ) ) ss County of Ada ) This record, was acknowledged before me on 4?—IT— '6-2V(date) by u6I G A,4rd5 (name of individual), [complete the following ifsigning in a representative capachy or strike thefollowing ifsigning in an individual capacity] on behalf of k 66]{/ t c G (name of entity an behalf of w,�om r�cord was executed), in the following representative capacity &/A0r/7( y� (type of authority such as officer or trustee) - - Notary Stamp Below PENNY SMITH COMMISSION#23655 NOTARY PUBLIC Nota Si ature STATE OF IDAHO ry MY COMMISSION EXPIRES 02/16/2025 My Commission Expires: -lie-:26 a5 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-1-2024 Attest by Chris Johnson, City Clerk 10-1-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-1-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Sanitary-Sewer and Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G May 10,2024 Project No.21-099 Prescott Ridge Subdivision No.1 City of Meridian Sewer and Water Easement (2022-077598 Extensions) Legal Description Exhibit A Parcels of land for a sewer and water easement being situated in a portion of the Northwest 1/4 and the West 1/2 of the Northeast 1/4 all in Section 28,Township 4 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 28,which bears N00°43'55"E a distance of 2,635.29 feet from a 5/8-inch rebar marking the center of said Section 28, thence following the westerly line of the Northeast 1/4 of said Section 28, S00°43'55"W a distance of 1,121.18 feet to a point hereinafter referred to as Point"A"; Thence leaving said westerly line,S72°10'28"W a distance of 27.50 feet to a 1/2-inch rebar; Thence N89°25'31"W a distance of 16.00 feet to POINT OF BEGINNING 1. Thence S00`34'29"W a distance of 30.04 feet; Thence N89°25'31"W a distance of 15.00 feet; Thence N00°34'29"E a distance of 30.04 feet; Thence S89°25'31"E a distance of 15.00 feet to POINT OF BEGINNING 1. Said description contains 451 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence following the westerly line of the Northeast 1/4 of said Section 28,S00°43'55"W a distance of 331.31 feet to a point; Thence leaving said westerly line, N89°16'05"W a distance of 85.51 feet to a 5/8-inch rebar; Thence N57'49'22"W a distance of 17.51 feet to POINT OF BEGINNIING 2. Thence S32°10'38"W a distance of 47.00 feet; Thence N57°49'22"W a distance of 9.50 feet; Thence N32°10'38"E a distance of 47.00 feet; Thence S57'49'22"E a distance of 9.50 feet to POINT OF BEGINNING 2. Said description contains 446 square feet,more or less. Said descriptions contain a total of 897 square feet,more or less,and subject to anyGs�� existing easements and/or rights-of-way of record or implied. 04 Attached hereto is Exhibit B and by this reference is made a part hereof. °y A 12459 C OF 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengiip.com ��. W. Chinden Blvd. -�11 POINT OF COMMENCEMENT Zg FOUND ALUMINUM CAP- . - N 1/4 SECTION 28 0 100 200 300 f I Plan Scale: 1"_ 100' COI N_ �I to LINE TABLE -r`', � a LINE BEARING DISTANCE O 0f L1 S72'10'28"W 27.50 POINT "A" I O L2 NB9'25'31"W 16.00 v LS L3 SO'34'29"W 30.04 L2 N oN L4 N89'25'31"W 15.00 E N L6� z O N L5 7NO'34'29"E 30.04 rn L3 L6 S89'25'31"E 15.00 LS 0 L7 N89'16'05"W 85.51 = L4� L8 N57'49'22"W 17.51 EXISTING EASEMENT PER I- N INST. No. 2022-077598 N N L9 S32'10'38"W 47.00 "? L6 z ro it o L10 N57'49'22"W 9.50 `'J m a L11 N32'10'38"E 47.00 -�' w O oL12L �n� 9.50=S57-49'22-E P tt Rid ) Q Subdivision No. 1 b o m o V) z z Z 0 Z L8 W P.O.B. 2 w L12 L9 L7 L11 p 3 W 0 cc L10 M 3 EXISTING EASEMENT PER 00 N INST. No. 2022-077598 s - FOUND 5/8" REBAR C 1/4 SECTION 281 E N G I N E E R I N G O m 5725 NORTH DISCOVERY WAY X BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement kmengllp.com Prescott Ridge Subdivision No. 1 D vDi DATE: !•a y 2024 u PROJECT: 21-099 SHEET: Situated in the Northwest 1/4 and the West 1/2 of the Northeast 1/4 a 1 OF 1 of Section 28, T4N, R1W, B.M., City of Meridian, Ada County, Idaho I s89°25'3I"e d 3 OcV O 7 O M M O M � M C. O C r nY9— 1'\r 15.00 Title: P.O.B. 1 Date: 05-10-2024 Scale: 1 inch=30 feet File: Tract 1: 0.010 Acres: 451 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 90 Feet 001=s00.3429w 30.04 003=n00.3429e 30.04 002=n89.2531w 15.00 004=s89.2531e 15.00 J � S Title: Date:P.O.B. 2 e: 05-10-2024 Scale: 1 inch=30 feet File: Tract 1: 0.010 Acres: 446 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=113 Feet 001=s32.1038w 47.00 003=n32.1038e 47.00 002=n57.4922w 9.50 004=s57.4922e 9.50 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Ferney Subdivision (FP-2024-0015) by Jeff Hatch, Hatch Design Architecture, located at 4160 E. Lanark St. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: SEPTEMBER 17, 2024 ORDER APPROVAL DATE: OCTOBER 1, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 2 BUILDING ) CASE NO. H-2024-0015 LOTS ON 4.76 ACRES OF LAND IN ) THE I-L ZONING DISTRICT FOR ) ORDER OF CONDITIONAL FERNEY SUBDIVISION. ) APPROVAL OF FINAL PLAT BY: JEFF HATCH, HATCH ) DESIGN ARCHITECTURE ) APPLICANT ) This matter coming before the City Council on September 17, 2024 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING FERNEY SUBDIVISION, LOCATED IN THE SW '/4 OF SE 1/4 OF SECTION 9, TOWNSHIP 3N, RANGE 1E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: AUGUST 22, 2024, by NATHAN J. DANG, PLS, SHEET 1 OF 3,"is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FERNEY SUBDIVISION—FP-2024-0015) Page 1 of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 17, 2024, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FERNEY SUBDIVISION—FP-2024-0015) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. 1 St By action of the City Council at its regular meeting held on the day of October , 2024. By: RobertE. Simison 10-1-2024 Mayor, City of Meridian Attest: Chris Johnson 10-1-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 10-1-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(FERNEY SUBDIVISION—FP-2024-0015) Page 3 of 3 EXHIBIT A COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 9/17/2024 Legend DATE: - " Project Location %. :._.u..::;:- TO: Mayor&City Council Area of impact _ �= City Limits FROM: Linda Ritter Associate Planner O Analysis - 208-884-5533 lritter@meridiancity.org APPLICANT: Jeff Hatch,Hatch Design Architecture SUBJECT: FP-2024-0015 Ferney Subdivision LOCATION: 4160 E. Lanark Street, in the SW 1/4 of v SE '/4 of Section 9,T.3N.,RJE. ,@ . ' I. PROJECT OVERVIEW A. Summary Final Plat consisting of two(2)building lots on 4.93 acres of land in the I-L zoning district. B. Recommendation Staff. Staff recommends approval of the proposed final plat with the conditions of approval in Section III of this staff report. C. Decision Select: Pending. II. APPLICANT INFORMATION A. Applicant/Representative: Jeff Hatch,Hatch Design Architecture -200 W. 36" Street,Boise, ID 83714 B. Owner/Developer: Greg Ferney,Franklin Storage,LLC—4549 N. Mackenzie Lane,Boise, ID 83703 C. Agent for Applicant: Steve Thiessen,Hatch Design Architecture -200 W. 36th Street,Boise,ID 83714 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the associated preliminary plats (Ferney Subdivision H-2021-0103)as required by UDC 11-6B-3C.2. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required by UDC 11-613-3C. City of Meridian I Department Report 1. Project Overview III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. Applicant shall comply with all previous conditions of approval associated with this development(Ferney Subdivision H-2020-0074,DA Inst. #2021-089157;MDA 2024-0024). 2. The applicant shall obtain the City Engineer's signature on the subject final plat on or before June 21,2025 or apply for a time extension,in accord with UDC 11-6B-7. 3. The Public Works infrastructure shall be installed,inspected and finaled, as approved with LDIR-2023-0061,prior to the issuance of any building permits. 5. The Applicant shall comply with all ACHD conditions of approval. 6. Prior to City Engineers signature on a final plat,the applicant shall submit a public access easement for the multi-use pathway segment along the north boundary to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side). 7. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 8. Applicant shall tile all irrigation facilities within the development area per UDC 11-3A-6, unless waived by City Council. 13. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 14. The final plat prepared by Accurate Surveying&Mapping, stamped on 8/22/24 by Nathan J. Dang,PLS, included in Exhibit B shall be revised as follows: a. Add a note to include the recorded instrument number of the 20' water main easement. b. Add a note to include the recorded instrument number for the sixty(60) foot irrigation easement. c. Add a note to include the recorded instrument number for the fourteen(14)foot pathway easement graphically depicted on the plat. d. Note#3: Include the recorded instrument number for the easement. e. Note#4: Add City Code Section. f. Note#6: Include the recorded instrument number of the public utility easement graphically depicted on the plat. g. Note#10: Include the recorded instrument number for CC&R's. h. Remove the easement for the five(5)foot buffer at the rear of the property to the north. City of Meridian I Department Report III. City/Agency Comments &Conditions 15. Prior to City Engineer's signature on the final plat,the landscape plan prepared by Accurate Surveying&Mapping, dated 8/23/24 included in Exhibit C, shall be revised to meet the requirements of UDC 11-313-7C. 16. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Meridian Public Works The Public Works infrastructure shall be installed, inspected and finaled, as approved with LDIR- 2023-006 1,prior to the issuance of any building permits. C. Idaho Transportation Department(ITD) ITD has no concerns. While nothing is required at this time,ITD may require additional traffic studies as the proposed lots develop. IV. ACTION A. 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Al Ia Ar.�rNr^�rlcr.eulrcenr Gar m = S Y R Y f 1!A A{N A f P I Y 3 nw�•mef+L Axa r�noemm([osn�il trot r'MrMw rR TreG SLCn�'S R rR�.S A�R t W W.Yld��R — AWooe/rM>D nr rY.N Aq ei'Ll'�Ka�W ru£AW C�YMerr 9aai I]W®]GE IIDW!l�fRF ne[awaors era[[. •F 11f51 ww.vxaA.IwsxueWr�ci.n City of Meridian Department Report IV. Exhibits E. Landscape Plan(date: 8/23/2024) wwr scxEou� • . yppz �aooscar��n KEYNOTES GENERAL NOTES � 111 9 � Z ET r ® E Er 'N ggi ® ®® ee ®�._ R R 8 8 LMSCAPE PLAN L AN OnSC APE PLAN _ z L-1.0 City of Meridian Department Report IV. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Prescott Ridge Subdivision No. 4 (FP-2024-0016), by KM Engineering, located on the east side of N. Rustic Oak Way, approximately 1/4 mile south of West Chinden Blvd./US 20-26 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 09/17/2024 ORDER APPROVAL DATE: 10/01/2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 53 BUILDING ) CASE NO. FP-2024-0016 LOTS AND 5 COMMON LOTS ON ) 8.26 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT PRESCOTT RIDGE SUBDIVISION ) NO. 4. ) BY: CHERYL HEATH ) APPLICANT ) This matter coming before the City Council on September 171h, 2024 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING PRESCOTT RIDGE SUBDIVISION NO. 4, LOCATED IN THE NW 1/4 OF SECTION 28, TOWNSHIP TAN, RANGE R.1N, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 07/01/2024,by AARON L. BALLARD, PLS, SHEET ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 1 of 12 I OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated September 17th, 2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 2 of 12 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 1 St day of October 2024. By: Robert E. Simison 10-1-2024 Mayor, City of Meridian Attest: Chris Johnson 10-1-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. 10-1-2024 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 3 of 12 STAFF REPORT C� w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 09/17/2024 Legend DATE: Project Location 0 TO: Mayor&City Council Area of Impact '•+ - �4 + City Limits FROM: Nick Napoli,Associate Planner O Analysis - _ B 208-884-5533 SUBJECT: Prescott Ridge Subdivision No. 4 k ; FP-2024-0016 ` �D "7 LOCATION: East side of N. Rustic Oak Way, approximately 1/4 mile south of W. Chinden Blvd./US 20-26,in the NW /4 m — of Section 28,Township 4 North., IT Range 1 West. 1 - �- I. PROJECT DESCRIPTION Final Plat consisting of 53 residential building lots and five(5) common lots on approximately 8.26 acres of land in the R-8 zoning district by KM Engineering. II. APPLICANT INFORMATION A. Applicant Cheryl Heath,KM Engineering,LLP-5725 N. Discovery Way,Boise,ID 83713 B. Owner: Prescott Ridge Properties, LLC-701 S. Allen St., Ste. 104, Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0047)in accord with the requirements listed in UDC 11-6B-3C.2. This phase includes a portion of phase 5 and all of phase 7 as shown on the phasing plan approved with the preliminary plat. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4-FP-2024-0016) Page 4 of 12 In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-613-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Since there is no change to the number of buildable lots and the amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 12/22/20) PRESCOTT PRELIMINARY PLAT SHOWING A PARCEL OF LAND SItUATEO IN A PORTION OF SHE NORSH EA57 114 OF THE NORTHWEST 114 OF SECTION 78,TOWN5HIP 4 NORTH. RANGE 1 WEST,60ISE MERIMt.Af7A COUNTY.IOAHO ,u.o orRuuis.wraio -_.. �X''�' fl I OFFM SPROE➢]RRFAS q — - r a..;' Rl�corr mLwe wllrnlo 1 a I , _ -7 _ aim ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 5 of 12 B. Final Plat(dated: 07/01/24) e.w • .++w.°� _ .--_ PLAT 4F ...._ Prescott Ridge Subdivision No.4 A.oRLon uii01 It iLO9%[0{NWAWi M.WU rl9[K AAMILffip rm VYYW 9RI.iFL MiHEW6TYt Or i11ENdt1HRA57�R 01 of G�IPXM iTMT,LIV A M]SM,�ANfiE1 WE5f,EW,CRYOF MEpnl111. A W[YIlIMi1,Nli0. e �R4 sre[noes eo-.H,i•a 77. 4V9h1;9�AMP I JJfr � �y 5w 511wr3 ,ps'lrgy� �l � i� � 1�0' �PiELLLdPC® 'er�(r�w ess rac..L g3+ � VnRrha SVR.E'l H9RRAiNE \ 0 � S X.�f•lwin wn.[�r�,.ate�n�.�E»w^<•*n w4�r nrKY \\\�aT� n�e�RmvhY+VT.xINa[f� KYR�ila lf4wG6 InR�x�w Rmu rW'p!'Nw ��neYdW'w_ 9•F70�9km ` ff r� r�a-a I'w I of •i.Re ••0 Prescott Ridge ❑ 0 ti�wL. Propertles,LLC wMPesyRq[p Mond's�fd[np �I�eewYe � am m ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 6 of 12 C. Landscape Plan(dated: 7/12/2024) TornNaEx sPx�rREEs w�. � �•�•'�••," � '�� '•Y•Pr.�••,•�•••�••�. PITIIW6Y 1R[C CdLCIIIACION(1 TPECllO�LFI MMM_ TOTdLPdiH-TRECS MIi1GAilON TOTALIRE[S R[gIIIREe/PRWI�[� aZ.Y • rrrri r.ew my gH Zr axrx sRa amosaFc�rRRF.Rc�.. gruel c.m a " `°'��. L_ .e �•a ........o...� ,��s.�.a�nA - ..��. 4 L6 D5CJ4PE CDVER ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 7 of 12 hIll XL4IJD5CAPE PIAN �••-•�••-����__"—__�' a gru— ff WE �� q —_—��,wmaramrv�wr.�vRww km V112 1 20 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 8 of 12 -k 1 J i o •w r�imrs�w.- an s1¢ � d � f _ " /J ir. jY IANUSCAPE PLAN e - . ,��.r.....M w.e.w...r..,wi.�..... s 3 er ' ta ftg'.., krn _ �va: vr1A�6ea �nf� m'—�,.� fYA � - �•� .,rp wu�r eerreryu.-. e • b��r�e e 1 o + m e 6 f e • m ® 0 O • °.. Sim Ian l e 1 0 N E • � e gs • e _ • e C e FENCE P1WY FOR(Prescott Ridge No. 4—FP-2024-0016) Page 9 of 12 D. Common Drive Exhibits Y uvn�n.isF FFNTEN' PFJYF � �I �LflOf9 N 0 x� S 1N I S o w`bJ" O M I W o aJ EFA I➢M6 ANf]fX•C : � lO FIE OIEI W IL+Ca FOR l0F M CLwr 9 w OXI 1FIE EPWSRE Of IM ,9•� w.lfY'FRAlY6s1. �__7RF 4 �_ ■ IIIi G]IS R FIOFF--FII,I.welE C9YYOR LM 1� @ Is' 111HAELYFFf l i#395 EXSEIIEM ENGI,+=FAIN4 2 WM OM4 WN DW&PRW n°F LOCATO XI THE OPPOW L IME W — •�•L'.EX2.0 x �LOTS 53-58 BLOCK 9 ~s • I�16G o w rp so I�r icalr:t' Str' 7�Nf�ly,'t'4n p ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 10 of 12 6' --1M105GME R11fFER C m' r� p s :. I ya wo T rr b nT wua[, t 1+TQ Y f➢R l9P 19 OR TM O N E I THE S cvliaw�o�RrCE�i:R OF� � W-WLOf IRE ST. krn I;111 EH V IN:ERIHG 60 L.Of 1t IS✓<HO-WL0M f"W"LOT LIIT11 F K MW IHAVMVE41LL53 L LNLUI R - 4 N FEOR CF 1915 16.W°IT,RLOLI[ 4 r 3 GWYMV MR LOT 15 BLCCK 4 TO 6E IOGRb LTL THE O Osm WX OR PC � 51V(3L CpIMON RTdYE PROPF1f1Y-E Exi.O LOTS 15-19,BLOCK 14 �L r 0 A fin 90 _Lk 1d5] a VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2020-0047,H-2022-0058,Development Agreement Inst. #2023-025443, Development Agreement Inst. #2021-132713,FP-2022-0033,FP-2022-0029,FP-2021-0053]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the City Engineer's signature on the second phase final plat on August 26t'',2024 as set forth in UDC 11-6B-7 in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by KM Engineering, stamped on 07/01/2024 by Aaron L. Ballard, shall be revised as follows: a. Note#15: Include the recorded instrument number for the ACHD permanent easement. b. Under References,R4—include the Book and Page numbers of Prescott Ridge Subdivision No. 2. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 11 of 12 An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 07/12/24, shall be revised as follows: Revise the fencing along Lot 46, Block 5 to be 4 feet of closed vision and 2 feet of open vision. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 7. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 8. Address signage shall be provided at the public street for homes accessed via the common driveway for emergency wayfinding purposes. 9. Common driveways shall be constructed in accord with the standards listed in UDC 11-6C-3D. 10. Structures on Lots 54, 55,and 56,Block 9 and Lots 15, 16,and 17,Block 14 shall comply with the common driveway exhibit in Section V.D above. 11. The rear and/or side of structures on Lots 9-17 and 30,Block 14 and Lot 64,Block 9 along N. Rustic Oak Way shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 12. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 or Matthew.W.Petersongusps.goov for more information. 13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility fo ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Prescott Ridge No. 4—FP-2024-0016) Page 12 of 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Ferney MDA (H-2024-0034) by Jeff Hatch, Hatch Design Architecture, located at 4160 E. Lanark St. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Development Agreement Modification(MDA),by Jeff Hatch, Hatch Design Architecture. Case No(s).H-2024-0034 For the City Council Hearing Date of. September 17,2024 (Findings on October 1, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 17, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 17,2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 17, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 17,2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 17,2024,incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) - 1 - be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 17, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -2- City Code Title I I(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 24,2024. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -3- By action of the City Council at its regular meeting held on the 1 St day of October 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 10-1-2024 Attest: Chris Johnson 10-1-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-1-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -4- EXHIBIT A COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 9/17/2024 Legend ' DATE: - " Project Location %. :._.u..::;:- TO: Mayor&City Council Area of impact _ �= City Limits FROM: Linda Ritter Associate Planner O Analysis - 208-884-5533 lritter@meridiancity.org APPLICANT: Jeff Hatch,Hatch Design Architecture SUBJECT: H-2024-0034 Ferney Subdivision LOCATION: 4160 E. Lanark Street, in the SW 1/4 of v SE '/4 of Section 9,T.3N.,RJE. ,@ . ' I. PROJECT OVERVIEW A. Summary Modification to the existing development agreement(H-2021-0103, Inst. #2022-066859)to strike provision 5b which states " Prior to issuance of any building permits,the applicant shall subdivide the property in accord with UDC 11-6B and add"Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B." B. Issues/Waivers None C. Recommendation Staff: Staff recommends approval of the DA modification for the issuance of one building permit for the northern portion of the property prior to receiving the City Engineer's signature if the Public Works Department requirements have been met. D. Decision Select: Pending. II. COMMUNITY METRICS Table 1:Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Self-storage facility and flex space building - Existing/Proposed Zoning I-L IV.A.2 Future Land Use Designation General Industrial IV.A.3 Table 2: Process Facts Description Details Preapplication Meeting date ji I Friday,June 21,2024 City of Meridian I Department Report 1. Project Overview Description Details Neighborhood Meeting 7/l/2024;3 attendees Site posting date 9/6/2024 Table 3: Proiect Overview Description Details History Subject site was denied annexation and zoning approval in 2020(H-2020- 0033)because no development plan accompanied annexation request but the Applicant withdrew the application before Findings of Denial were approved by the Council. AZ,PP(H-2021-0103),DA Inst.#2022-066859,CZC,DES (A-2023- 0057),CZC,DES(A-2024-0074),and FP-2024-0015 Acreage 4.92-acres III. STAFF ANALYSIS A. General Overview The property was annexed with I-L zoning in 2022 consisting of 5.64 acres and a Preliminary Plat consisting of two (2)building lots on 4.93 acres (H-2021-0103). The subject property was denied annexation and zoning approval in 2020(H-2020-0033)because no development plan accompanied the annexation request. The applicant withdrew the application prior to the Findings of Denial were approved by the City Council. The applicant reapplied and a development agreement was entered into on July 26,2022 (H-2021-0103,DA Inst#2022- 066859). The subject property has a planned extension of an industrial collector street(E. Lanark)that will bisect the property into two parcels which accounts for the main reason a preliminary plat is required and was submitted. According to the submitted plat,the Applicant is proposing the self- storage buildings on the front parcel(approximately 2.89 acres) and a flex space building on the back parcel along the railroad corridor(approximately 1.75 acres). In terms of nearby and adjacent development,there is existing industrial zoning to the west with developing flex and other industrial type buildings. The parcel directly abutting to the east is still a county RUT parcel that contains a single-family residence and still maintains some farm animals. Directly east of the county parcel is an ACHD facility that is currently under construction. Therefore,the county parcel to the east would be surrounded by industrial uses until such time that parcel redevelops. Because of the existing residential use to the east,this Applicant is required to provide a landscape buffer to that use. Staff has had conversations with that homeowner and they anticipate selling the property once their parents decide to leave that home. The applicant received Council waiver to reduce the buffer along the parcel as the City anticipates the property will redevelop with industrial uses in the future. B. Development Agreement Modification A development agreement was entered into on July 26,2022 (H-2021-0103,DA Inst#2022- 066859)with the following conditions: a. Future development of the subject site shall be substantially consistent with the proposed concept plan,preliminary plat,landscape plan,and conceptual building elevations included in Section VII and the provisions contained herein. aeeewith UPC C 11 6-B-Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B. City of Meridian I Department Report III. Staff Analysis C. The uses allowed on this property are those listed in UDC Table 11-2C-2 for the I-L zoning district. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. e. Applicant shall comply with the specific use standards outlined in UDC 11-4-3-34 and UDC 11-4-3-18 for the proposed uses of Self-service Storage Facility and Flex Space Building,respectively. £ The Applicant shall comply with the Commercial architectural design standards in the City of Meridian's Architectural Standards Manual(ASM)at the time of Certificate of Zoning Compliance and Design Review submittal for the elevations facing Franklin and the east elevations of the two storage buildings adjacent to the existing residence on Parcel S1109438907. The applicant is requesting to remove the condition"b"under section 5.1 of the existing development agreement and add the following language"Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B." C. Staffs Analysis Per UDC 11-613-7,Approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat. The applicant requested a time extension to record the final plat in June prior to the preliminary plat's expiration date. A one(1)year extension was granted with a new expiration date of June 21, 2025. The plat must be recorded by this date. Staff has no objection to the Applicant request for a modification to the existing development agreement(H-2021-0103, Inst. #2022-066859)to remove condition"b"under section 5.1 and the addition of the proposed language with the following provisions: • Only one (1)building permit shall be issued with this provision. • The Public Works infrastructure shall be installed, inspected and finaled prior to the issuance of any building permits. The applicant submitted a final plat for review and approval(FP-2024-0015)which is scheduled on the City Council Consent Agenda for September 17,2024. The applicant was given a one (1)year time extension to receive the City Engineer's signature which expires on June 21,2025. If the City Engineer's signature has not been received by the expiration date,the applicant will either let the plat lapse or request approval of a time extension from by City Council. Planning has approved a Certificate of Zoning Compliance and Design Review(A-2024-0074) for a multi-tenant flex space building to be constructed on the northern lot. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of the subject site shall be substantially consistent with the proposed concept plan,preliminary plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Public Works infrastructure shall be installed,inspected and finaled, as approved with LDIR-2023-0061,prior to the issuance of any building permits. City of Meridian I Department Report III. City/Agency Comments &Conditions c. Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B. B. Meridian Public Works The Public Works infrastructure shall be installed, inspected and finaled, as approved with LDIR- 2023-006 1,prior to the issuance of any building permits. C. Irrigation Districts 1. Nampa&Meridian Irrigation District See public record(copy the link into a separate browser) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=361620&dbid=0&rgpo=Meridi anCi D. Idaho Transportation Department(ITD) No concerns regarding the DA modification. IV. ACTION A. Staff: Staff recommends approval of the DA modification for the issuance of one building permit for the northern portion of the property prior to receiving the City Engineer's signature if the Public Works Department requirements have been met. B. City Council: The Meridian City-Council heard these items on September 17, 2024. At the public hearing, the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Jeff hatch. GregFFv b. In opposition:None c. Commenting: Jeff Hatch, Greg Fernev_ d. Written testimony: None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: Bill Parsons,Clint Dolsbv_ 2. Key issue(s)of public testimony: a. Issuance of a building permit and timing for the construction of the building foundation 3. Key issue(s)of discussion by City Council: a. Installation of Public Works infrastructure 4. City Council change(s)to Commission recommendation: a. N/A City of Meridian I Department Report IV. Action ' 1 1 Legend Project Locat Are• of Impa ion Analysis ui `FIR NKLIN' - 84 o I1H r 161 nllll t1111111 _Ilia=�iila e■ ■71t1111!EIIFlEFl1: J RxEI+,:p: 1 e_nlo o== IIIIFIIi:lltlllll! � xiatrt■x► n 9'■- uw uuuur== 911111nIF11111111F ProjectLegend -4nt1l1 •• Area of Impactfiff 1il mm�Frry�pu _pan.,_=1/?i■ ;�raNrtth► '���� IIIa111T� �I�r=C=_�?h1► . Analysisaulel/11111711::hu-�H., n. 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Landscape Plan(date: 8/23/2024) K E Y N 0 T E S G-HERA NOTES PON Ii H HUM F Owl-1- TM M El 2 U) CI z Ix LI �j ETU Emil- Eq w LANDSCAPE PLAN LANDSCAPE PLAN City of Meridian Department Report IV. Exhibits D. Preliminary Plat(date: 8/l/2024) PRKE MINARY PLAT v.a�s�!.ate•��Rw a..y;_R.1£_eM �_yly`11 �eos ax—owx�r v w.—s*•¢oR w,a r —Y9� I _1-�,\ I ra.�w.w.u-anws o�1Wy(tE1LttR a�su rcaenxaa g � YARncwl a � sew�ciw txiio � f11Y[1I4�1I1TE 5mr�n xwm City of Meridian Department Report IV. Exhibits E. Final Plat(date: Click here to enter a date.) Ys� auml.G❑ *s.anlKrar LiM6 w]rwr n,r sw 7l7 or niE g Ili LK s"eaa&rvx,a.rs,a.u. drY Or MMAm—OOuhry Or ADA—STAVE Or IOmO W24 14°At� 3£YAM£A8T5L(39iw5�O.J {� srr£.M f/.sr sr_�rHs,W }} BiO ] f2 YL PGK i 8� (} - *r..fafc ear O �3�.. R,PVMW'L1 Boas rs' iiuf I wrl L 4 - - - — — - - i - - � L -° — - — r$ 2 — Ip w.. 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Al Ia Ar.�rNr^�rlcr.eulrcenr Gar m = S Y R Y f 1!A A{N A f P Y 3 nw�•mef+L Axa r�noemm([osn�il trot r'MrMw rR TreG SLCn�'S R rR�.S A�R t W W.Yld��R — AWrpe/rM>D Rr rY.N Aq ei'Ll'�Ka�W ru£AW C�YMerr 9aai I]W®]GE IIDW!l�fRF ne[awaors era[[. •F 11f51 .•.,u�[aA.fwsxue9[wcan City of Meridian Department Report IV. Exhibits F. Building Elevations for Storage Facility(date: 5/1/2024) --7A EXTERIOR FINISH KEYNOTES _SPECIFICATIONS w =27 ijilt S01=f7t ELEVAYIO N-SFORAGE BUILDING —------ 99 fi& e L: GENERAL NOTES f - P I ql�3e 19 Q��i CR NORTH ELEVATION-STORAGE BUILDING 5 Z 5 z tEIT ELEVATION-STORAGE INGJ Woll-c.D BEE EXTERIOR aEvAmNs EAST ELEVATION-STORAGE BUILDING A-4.0 City of Meridian I Department Report IV. Exhibits v IDIAN� AGENDA ITEM ITEM TOPIC: Interagency Agreement for Roadway Construction/Water and Sewer Construction between Ada County Highway District and City of Meridian "ir ACHD connecting you to more INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION Linder Rd, Overland Rd to Franklin Rd ACHD PROJECT NO. 522038, 321062.001 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this 1 st day of October , 2024, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 522038, 321062.001. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction project known as Linder Rd, Overland Rd to Franklin Rd ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer services, adjusting water valve boxes and covers and sewer manholes to grade, and correcting potable/non- potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project no. 522038, 321062.001, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 1 of 9 and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries; and NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404, and ii. Adjustment of sewer manholes to grade shall include reconstruction in conformance with ISPWC Section 602. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 2 of 9 e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1 .g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 3 of 9 a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 4 of 9 h. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 5 of 9 c. DISTRICT shall obtain MERIDIAN 'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 6 of 9 o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Ryan Head Alexis Pickering Director President, Board of Commissioners Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 7 of 9 ATTEST: CITY OF Meridian, Idaho By: By: Chris Johnson 10-1-2024 Robert E. Simison City Clerk Mayor 10-1-2024 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of 20 , before me, the undersigned, personally appeared ALEXIS PICKERING and RYAN HEAD, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 8 of 9 On this 1 st day of October 20 24 before me, the undersigned, personally appeared Robert E. Simison and Chris Johnson , Mayor and City Clerk respectively of Meridian CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Meridian Idaho My commission expires: Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 6-01-23 Page 9 of 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Authorization to issue Purchase Order to Ferguson Enterprises for Fiscal Year 2025 Water Meters and Related Equipment for the Not-to-Exceed amount of$1,054,684 C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: October 1, 2024 Presenter: N/A Estimated Time: 0.00 Topic: FY25 Water Meters and Related Equipment Purchase Order Recommended Council Action: Authorize Procurement Manager to sign Purchase Order to Ferguson Enterprises, Inc. for Water Meters and Related Equipment for the Not-to-Exceed amount of$1,054,684.00 for fiscal year 2025. Background: The Purchase Order is in association with the approved contract dated May 7, 2024. �, /� CITY OF MERIDIAN ' Requisition CY L E IDIAN'� Purchasing Department DATE QF U 9/18/2024 33 E BROADWAY AVE, STE 106 CITY OF MERIDIAN REQUEST MERIDIAN, ID 83642 Public Works 1 Water PURCHASE ORDER NUMBER MUST APPEAR ON • TEL: (208)489-0417 SLIPS,CARTONSAND CORRESPONDENCE RELATED TO THIS ORDER FAX: (208)887 4813 .. ...AVAILABLE BUDGET AMOUNT $1,209,684.00 IS:BUDGEl AMEN DMENT;REQU[RED? 5u��ts I>Mu VENDOR Ferguson Enterprises. Inc NO I P.O. Box 802817 Chicago, IL 60680-2817 CASE MANAGEMENT TICKET NO E P J: C�.. AN. OE: PAY.MENTTERMS F'REIGHT7ERMS F.O N B A RE UESTOR.:RDE TM A R ) Q Dennis Teller ,, �` , ��`L�� i ET,>30. �' PEPAIDITION Courtney Hoobery 1=ST PROJECT NAME: Water Meters and Related Equipment/ FY25 Description of Purchase Quantity and Pricing ACCOUNTING CODES PART NUMBER Ifr • • r ORPROJECT/ QTY UNIT UNITPRICEr TOTAL AMOUNT TASK ORDER I CONTRACT -• DESCRIPTION CODE1 • • New& Replacement Water Meters, MXU's& Related Equip_ 1 $ 1,054,684 00 . 62 3410 52450 $ 1,054,684.00 $ - $ - NOTES Council."Approval Date. 14-1-2024 $1,054,684.00 AUTHORIZED COUNCIL SIGNATURE Cif required) AUTHORIZED DEPARTMENT SIGNATURE City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 62 - Water Fund 3410 - Water - Operations From 10/l/2024 Through 9/30/2025 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 52450 Water Meters 1,209,684.00 0.00 1,209,684.00 Total OPERATING COSTS 1,209,684.00 0.00 1,209,684.00 DEPT EXPENDITURES 1,209,684.00 0.00 1,209,684.00 TOTAL EXPENDITURES 1,209,684.00 0.00 1,209,684.00 Date: 9/19/24 09:33:58 AM Page: 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Authorization to Issue Purchase Order to DuBois Chemicals for Sodium Hypochlorite for the Water Department for the Not-to-Exceed amount of$517,000 C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: October 1, 2024 Presenter: N/A Estimated Time: 0.00 Topic: FY25 Sodium Hypochlorite 12.5% Chemicals Purchase Order Recommended Council Action: Authorize Procurement Manager to sign Purchase Order to DuBois Chemicals for Sodium Hypochlorite 12.5% for the Water Department for the Not-to-Exceed amount of$517,000.00 for fiscal year 2025. Background: The Purchase Order is in association with the approved contract dated September 11, 2024. CITY OF MERIDIAN Purchase Requisition C%WE IDIAN Purchasing Department ®- • DATE OF 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 7 9/18/2024 MERIDIAN, ID 83642 Public Works/Water Division PURCHASE ORDER ON ALL • TEL: (208)489-0417 SLIPS,CARTONSAND CORRESPONDENCE RELATED TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT $518,941.65 IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR DuBois Chemicals, Inc. No 3630 East Kemper Rd. Sharonville, OH 45241 CASE MANAGEMENT TICKET NO. PROJECT MANAGER PAYMENT TERMS FREIGHT TERMS- F.O.B. REQUESTOR Dennis Teller NET 30 PREPAID DESTINATION Courtney Hoobery PROJECT NAME: DuBois Chemicals/Water/ FY25 Description of Purchase Quantity and Pricing ACCOUNTINGCODES DESCRIPTIONPART NUMBER • QTY UNIT UNIT PRICE FUND OR PROJECT/ TOTAL AMOUNT TASK ORDER CONTRACT PROJECT DESCRIPTION ri 1 $ - $ - Sodium Hypochlorite 12.5% Bulk/ Blanket PO Request 1 $ 517,000.00 62 3430 52015 $ 517,000.00 $ - NOTES: Council Approval Date: 10-1-2024 $517,000.00 AUTHORIZED COUNCIL SIGNATURE if required) AUTHORIZED DEPARTMENT SIGNATURE How to fill out the Purchase Requisition. Fill in the SHIP TO DEPARTMENT NAME. This is the name of the requesting department and where the product will be shipped If the Ship To location is somewhere other than the department location, please enter that address in the lines below the department name and highlight it. Fill in the DATE OF REQUEST located in the box on the right hand side of the form. Fill in the amount of budget available for this commitment. Is a budget amendment required to fund this request? Answer YES or NO. Enter the name of the SUGGESTED VENDOR. Please check with FINANCE to verify that the City of Meridian has the vendor set up as an account. If the vendor is not set up, request that a W-9 form be submitted to FINANCE before placing the order. If PURCHASING receives this Purchase Requisition and the vendor is not set up,an order processing delay occurs If vendor will be determined by procurement process,enter"TBD" CASE MANAGEMENT TICKET NO is entered by purchasing staff. Enter the PROJECT NAME,TASK ORDER NAME AND NUMBER and/or PROJECT/COMMITMENT NUMBER Enter the name of the PROJECT MANAGER and REQUESTOR. Under"PART NUMBER/DESCRIPTION/COMMITMENT NAME /TASK ORDER/CONTRACT/PROJECT DESCRIPTION Enter the COMMITMENT NAME,TASK ORDER or PROJECT DESCRIPTION, Part Number or Description of Item being purchased If you have more than one item,enter each on a separate line. Enter the QUANTITY for each line item. Enter the UNIT and UNIT PRICE for each line item. (Task orders and contracts should be listed as CITY 1 and UNIT EA. Unit price and total will be equal.) ACCOUNTING CODES Enter the FUND that you want the expense to impact 1) The FUND number will be either: (a) 01,07,08, 20,55,or 60 depending on what FUND the budget is in Enter the DEPARTMENT CODE you want the expense to impact 1) The DEPARTMENT CODE is a 4 digit number that corresponds to your department Enter the GL ACCOUNT NUMBER(Expense Account)for each item. 1) The GL ACCOUNT NUMBER(Expense Account) is the 5 digit number where the budgets are located Enter the PROJECT CODE/COMMITMENT#you want the expense to impact 1) The PROJECT CODE/COMMITMENT is an alpha numeric code that identifies a specific project or commitment to charge all expenses to INFORMATION ONLY The FUND, DEPARTMENT CODE,GL ACCOUNT NUMBER,AND PROJECT CODE make up the accounting code for your request. The accounting code will hold the budget dollars and actual expenses for your PO request. Accuracy is important as the resulting PO encumbers this accounting code(budget line item). Not all requests will have a project number. Call Purchasing if you are unsure. This form will automatically total your request. In the NOTES field add any information that you feel is significant. AUTHORIZED COUNCIL SIGNATURE BLOCK: You may remove the highlight in the signature boxes. It makes it easier to write in the area. If the purchase is above $25K and below$50K, then you must have your Council Liaison sign in this box. AUTHORIZED DEPARTMENT SIGNATURE Each department has a list of employees and amounts that they are authorized to sign for. Please make sure that the authorized department personnel signs the form. The completed and signed form must be submitted to Purchasing, along with the required support documents via a CASE MANAGEMENT ticket. PRINT AND SUBMIT ONLY PAGE 1(NOT THESE INSTRUCTIONS) How to fill out the Purchase Requisition. Fill in the SHIP TO DEPARTMENT NAME. This is the name of the requesting department and where the product will be shipped If the Ship To location is somewhere other than the department location, please enter that address Fill in the DATE OF REQUEST located in the box on the right hand side of the form. Fill in the amount of budget available for this commitment. Is a budget amendment required to fund this request? Answer YES or NO. Enter the name of the SUGGESTED VENDOR. Please check with FINANCE to verify that the City of Meridian has the vendor set up as an account. If the vendor is not set up, request that a W-9 form be submitted to FINANCE before placing the orc If PURCHASING receives this Purchase Requisition and the vendor is not set up,an order processing If vendor will be determined by procurement process,enter"TBW CASE MANAGEMENT TICKET NO is entered by purchasing staff. Enter the PROJECT NAME,TASK ORDER NAME AND NUMBER and/or PROJECT/COMMITMENT NUMBER Enter the name of the PROJECT MANAGER and REQUESTOR. Under"PART NUMBER/DESCRIPTION/COMMITMENT NAME /TASK ORDER/CONTRACT/PROJECT DESCRIPTI Enter the COMMITMENT NAME,TASK ORDER or PROJECT DESCRIPTION, Part Number or Descriptic If you have more than one item,enter each on a separate line. Enter the QUANTITY for each line item. Enter the UNIT and UNIT PRICE for each line item. (Task orders and contracts should be listed as CITY 1 and UN ACCOUNTING CODES Enter the FUND that you want the expense to impact 1) The FUND number will be either: (a) 01,07,08,20,55,or 60 depending on what FUND the budget is in Enter the DEPARTMENT CODE you want the expense to impact 1) The DEPARTMENT CODE is a 4 digit number that corresponds to your department Enter the GL ACCOUNT NUMBER(Expense Account)for each item. 1) The GL ACCOUNT NUMBER(Expense Account) is the 5 digit number where the budgets are local Enter the PROJECT CODE/COMMITMENT#you want the expense to impact 1) The PROJECT CODE/COMMITMENT is an alpha numeric code that identifies a specific project or INFORMATION ONLY The FUND, DEPARTMENT CODE,GL ACCOUNT NUMBER,AND PROJECT CODE make up the accounting code for y The accounting code will hold the budget dollars and actual expenses for your PO request. Accuracy is important as the resulting PO encumbers this accounting code(budget line item). Not all requests will have a project number. Call Purchasing if you are unsure. This form will automatically total your request. In the NOTES field add any information that you feel is significant. AUTHORIZED DEPARTMENT SIGNATURE You may remove the highlight in the signature boxes. It makes Each department has a list of employees and amounts that they are authorized to sign for. Please make sure that the authorized department personnel signs the form. The completed and signed form must be submitted to Purchasing, along with the required support documents v PRINT AND SUBMIT ONLY PAGE 1(NOT THESE INSTRUCTIONS) in the lines below the department name and highlight it. ier. delay occurs ON )n of Item being purchased IT EA. Unit price and total will be equal.) :ed commitment to charge all expenses to our request. it easier to write in the area. is a CASE MANAGEMENT ticket. City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 62 - Water Fund 3430 - Water - Production From 10/1/2024 Through 9/30/2025 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 52015 Chemicals 518,941.68 0.00 518,941.68 Total OPERATING COSTS 518,941.68 0.00 518,941.68 DEPT EXPENDITURES 518,941.68 0.00 518,941.68 TOTAL EXPENDITURES 518,941.68 0.00 518,941.68 Date: 9/19/24 12:07:43 PM Page: 1 AGREEMENT FOR THE SUPPLY OF SODIUM HYPOCHLORITE (12.5%) FY2025 PROJECT# 11443 THIS AGREEMENT FOR SUPPLIES PROCUREMENT is made this 11th Day of September, 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, Dubois Chemicals, Inc., hereinafter referred to as "Supplier", whose business address is 3630 E. Kemper Rd., Sharonville, OH 45241. INTRODUCTION WHEREAS, the City has a need for Sodium Hypochlorite (12.5%) FY2025 per established specifications; and WHEREAS, the Supplier is specially trained, experienced and competent to provide/supply and has agreed to supply such chemical; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment / Supply Specifications & Requirements: 1 .1 Supplier shall supply the equipment, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Invitation to Bid titled "Sodium Hypochlorite (12.5%) FY2025" and suppliers bid dated by which by this reference are incorporated herein, together with all addendums issued. 1 .2 The Supplier shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The Supplier represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Sodium Hypochlorite (12.5%) FY2025 Page 1 of 14 Project# 11443 2. Consideration 2.1 The Supplier shall be compensated on a fixed price basis as provided in Exhibit B "Agreement Pricing Schedule" hereto and by reference made a part hereof, for the Not-To-Exceed Price Per Gallon amount of$4.52. 2.2 The Supplier shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 2.4 Price per gallon is fixed and agreed firm for the entire first year of FY2025 including any subsequent years thereafter. Any proposed pricing modification to Exhibit B "Agreement Pricing Schedule" will not be more than up to two (2) percent allowable once annually and must be documented and approved in writing in the form of an executed amendment(s) or change order(s) if mutually agreeable by both parties. In the event both parties cannot agree on a pricing modification per the foregoing sentence, then either party may terminate this Agreement upon thirty (30) days' prior written notice to the non-terminating party without further liability to either party. 3. Invoices Invoices shall be rendered in duplicate and shall include: (1) Purchase Order number; (2) pricing; (3) quantity; (4) description; (5) any sales taxes or use taxes as separate items, giving permit number authorizing collection of use taxes; (6) point of shipment; (7) method and class of shipment; (8) complete routing of shipment; and (9) whether transportation expense has been prepaid. Seller/Contractor/Contractor agrees to make a separate invoice for each order and shipment. Unless otherwise expressly provided in the Sodium Hypochlorite (12.5%) FY2025 Page 2 of 14 Project# 11443 Purchase Order, all taxes, duties, tolls, fees, import charges, or other governmental exactions shall be deemed included in the purchase price of the supplies and services and the City shall have no liability to pay Seller/Contractor/Contractor or any third party any amount in excess of the specified purchase price. City of Meridian, a local governmental entity of the State of Idaho, is exempt from any Federal Manufacturer's Excise Tax under the provision of Section 4221(a)(4) of the Internal Revenue Code. All invoices shall exclude such excise tax. All invoices shall be sent to the following address: City of Meridian, Accounts Payable, 33. East Broadway Ave., Meridian, Idaho 83642. 4. Term: 4.1 This Agreement shall become effective upon execution by both parties, and shall expire upon on September 30, 2025 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibits A or B. 4.2 The City reserves the right to extend the Agreement up to four (4) additional one-year periods. Any and all extensions must be documented and approved in writing in the form of an executed amendment(s) if mutually agreeable by both parties. 4.3 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. 4.4 Should City fail to pay Supplier all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Supplier at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 5. Termination: If, through any cause, Supplier, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving written notice to Supplier of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Sodium Hypochlorite (12.5%) FY2025 Page 3 of 14 Project# 11443 Notwithstanding the above, Supplier shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Supplier, and the City may withhold any payments to Supplier for the purposes of set-off until such time as the exact amount of damages due the City from Supplier is determined. This provision shall survive the termination of this agreement and shall not relieve Supplier of its liability to the City for damages. 6. Independent Supplier: 6.1 In all matters pertaining to this agreement, Supplier shall be acting as an independent Supplier, and neither Supplier nor any officer, employee or agent of Supplier will be deemed an employee of City. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. 6.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Suppliers and not as employees of the City. 6.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 7. Indemnification and Insurance: a. Supplier shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of or resulting from Supplier's or Supplier's servants, agents, officers, employees, guests, and/or business invitees: (i) negligence and/or more culpable conduct; and (ii) Supplier's breach of its obligations under this Agreement to the extent not caused by or arising out of the tortuous conduct of City or its employees. Supplier shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, General and Automobile Sodium Hypochlorite (12.5%) FY2025 Page 4 of 14 Project# 11443 Liability Insurance, in which the City shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Supplier covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, caused in whole or in part by, the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or subSuppliers and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Supplier shall provide City with a Certificate of Insurance, evidencing Supplier's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Supplier begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Supplier shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 7.2 Any deductibles, self-insured retention, or named insureds must be declared in writing. 7.3 To the extent of the indemnity in this contract, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. b. The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 7.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. Sodium Hypochlorite (12.5%) FY2025 Page 5 of 14 Project# 11443 7.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subSuppliers. 7.6 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 8. Bonds: Payment, Warranty and Performance Bonds are not required. 9. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for two (2) years against defects in workmanship and materials from the notice of acceptance. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY: SUPPLIER: City of Meridian Dubois Chemicals, Inc. Procurement Manager Attn: Bradley K. Marsh / Ryan Binder 33 E Broadway Ave. 3630 E. Kemper Rd. Meridian, ID 83642 Sharonville, OH 45241 Ph. (208)-489-0417 Phone: 800-438-2647 / 208-477-8751 Email: Bradley.Marsh@duboischemicals.com Ryan.Binder@duboischemicals.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11 . Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 12. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Sodium Hypochlorite (12.5%) FY2025 Page 6 of 14 Project# 11443 13. Assignment: It is expressly agreed and understood by the parties hereto, that Supplier shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. 14. Discrimination Prohibited: In performing the Work required herein, Supplier shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 15.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: Subject to applicable laws respecting the protection of privacy and the City's requirement to comply with the Idaho Public Records Act, at any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Supplier's records with respect to all matters covered by this Agreement. Supplier shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 17. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Sodium Hypochlorite (12.5%) FY2025 Page 7 of 14 Project# 11443 18. Compliance with Laws: In performing the scope of work required hereunder, Supplier shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Certifications. Pursuant to Idaho Code§§67-2359 and 67-2346, Supplier hereby certifies: A. That Supplier is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. B. That Supplier is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. 19. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Supplier's compensation, which are mutually agreed upon by and between the City and Supplier, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. Sodium Hypochlorite (12.5%) FY2025 Page 8 of 14 Project# 11443 24. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: DUBOIS CHEMICALS, INC.: si-a e /� Maysh BY: BY:Bradley K.Mars (Aug 19,202413:15 PDT) KEI WATTS, Procurement Manger BRADLEY K. MARSH, Vice President DATED: 9/11/2024 DATED: 08/1 9/2024 Project Manager Dennis Teller Sodium Hypochlorite (12.5%) FY2025 Page 9 of 14 Project# 11443 EXHIBIT A SPECIFICATIONS / SCOPE OF WORK REFER TO INVITATION TO BID (WTR-2428-11443) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS INCLUDED IN THE INVITATION TO BID PACKAGE (WTR-2428-11443), ARE BY THIS REFERENCE MADE A PART HEREOF. Agreement Reauirements: Provide and Deliver liquid Sodium Hypochlorite in bulk, gallon totes, to the City's Water and Wastewater facilities as needed per specifications and requirements set forth within Exhibits A and B. Product Quantities: Bulk liquid Sodium Hypochlorite delivery amounts vary, but typically range between 200 to 5000 gallons per order. Due to limited storage, orders will be placed on an as needed basis of the below City facilities. City Water Facility: The City's Water Division operates 25 chlorine injection/storage systems with a total bulk chlorine storage capacity of approx. 20,000 gallons. Deliveries are typically weekly to every two weeks. Annual demands of liquid Sodium Hypochlorite for the Water Division are approximately 140,000 gallons. City Wastewater Facility: The City's Wastewater Resource Recovery Facility operates a wastewater treatment system with a bulk storage capacity of 3,500 gallons. Bulk deliveries will occur as needed throughout the year. Additionally, the City of Meridian Wastewater Resource Recovery Facility, on occasion requires the delivery of Sodium Hypochlorite in 15-gallon containers and in 300-gallon totes. Annual demands of liquid Sodium Hypochlorite for the Wastewater Resource Recovery Facility is approximately 10,000 gallons. The Wastewater Resource Recovery Facility also occasionally uses totes (approximately 1 tote per quarter) and 15-gallon containers (approximately 3 per quarter). Note: The chemical amounts required for both facilities are estimated and may increase or decrease as required over the term of the Contract. Each fiscal year's resulting contract amount and quantity is contingent to each year's appropriation of funds Delivery Locations: The provided list below (TABLE A-1) includes the delivery locations for both the City Water and Wastewater Facilities. This list is all inclusive, however is subject to change as City infrastructure is added or chemical needs change. TABLE A-1 City Water and Wastewater Facilities Requiring Deliveries of Liquid Sodium Hypochlorite 12.5% City Facility Location Address Well #9 725 W. Franklin Road Well #10B 2061 N.. Jericho Way Well #11 2238 E. Lanark Street Well #12 1730 N Ten Mile Road Well #14 755 E. Overland Road Well #15 1624 W. Sunny Slope Drive Well #1613/16C 1100 N. Hickory Ave Well #17 1616 E. Time Zone Drive Well #18 3319 N. Summerfield Way Well #19 3301 W. Neimann Drive Well #20/2013 180 W. Ustick Road Well #21 300 E.. Watertower Street Well #22 2250 S Stoddard Road Well #23 1774 S. Silverstone Way Well #25 2725 E.. Victory Road Well #26 6067 N. Locust Grove Road Well #27 303 N. Ten Mile Road Well #28 2730 E. Taconic Drive Well #29 6355 W. Quintale Drive Well #30 968 E. Radiant Ridge Street Well #31 936 W. Riodosa Drive Well #32 701 W. Harris Street Well #34 3150 N. Valley Green Way Victory Reservoir 1665 E. Coastline Drive Wastewater Resource Recovery Facility 3401 N. Ten Mile Road *Delivery is FOB Destination to the above City locations SODIUM HYPOCHLORITE (12.5%) SPECIFICATIONS AND REQUIREMENTS The liquid Sodium Hypochlorite shall not contain any foreign matter or impurity that may damage or interfere with the City's equipment, facility, or treatment processes. This includes foreign matter or impurities that are a result of shipment or transfer into the City's tanks. The Supplier shall reimburse the City for any damages or costs incurred from any foreign material or impurity. The liquid Sodium Hypochlorite shall not contain any impurity in sufficient quantities that causes or may cause, by the City's normal usage of the liquid Sodium Hypochlorite, the City to violate any existing Federal limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. Should any permit limit or water quality standard exceedance be determined to be directly attributable to the liquid Sodium Hypochlorite supplied, the Supplier shall immediately take the necessary steps to remove or reduce the containment concentrations to levels satisfactory to the City. Liquid Sodium Hypochlorite shall have a concentration of not less than 12.5% Sodium Hypochlorite by weight. The pH of liquid Sodium Hypochlorite shall be not less than 11, and not more than 13 units. The specific gravity of liquid Sodium Hypochlorite shall be not less than 1.20, and not more than 1.23. The City reserves the right to subject samples of the liquid Sodium Hypochlorite to analysis to determine if the liquid Sodium Hypochlorite meets the City's specifications. The Supplier shall facilitate the sampling process, when asked. Failing to comply with the City's specifications shall constitute grounds for rejection of that load and is sufficient grounds to constitute a breach of contract. If in the opinion of the City, there is necessity to remove non-confirming liquid Sodium Hypochlorite within 24 hours of being notified without additional cost to the City. Alternatively, the City may remove the liquid Sodium Hypochlorite and the cost for removal and disposal shall be billed to the Supplier. The Supplier shall not charge for delivered material the City rejects. SUPPLY AND DELIVERY SPECIFICATIONS AND REQUIREMENTS Supplier agrees to keep sufficient liquid Sodium Hypochlorite inventory on hand and available to meet the City's needs. The Supplier shall have the resources and ability to deliver liquid Sodium Hypochlorite in bulk, gallon, and tote containers. City staff shall notify Supplier verbally and or email to place order for delivery. Supplier shall deliver product within five (5) working days upon notice from City. The Supplier shall,when shipping/delivering liquid Sodium Hypochlorite to the City as a "bulk" liquid in a tank/vessel shall ensure all shipments comply with all US DOT regulations for marking. The Supplier's transport tank/vessel must be sealed and equipped with a self-contained system to deliver all the liquid Sodium Hypochlorite in the load into aboveground storage tanks. An example of a delivery mechanism is pressurizing the tank with an air pump. The Supplier shall supply all transfer equipment to transfer chemical. The Supplier shall not use the City's equipment. The transfer mechanics shall be such to allow the Supplier to complete the task alone under normal circumstances, without the aid of the City. Prior to unloading, the Supplier shall provide the following with each delivery: • Date of delivery; • Bill of Lading/Weigh Slip Number; • Gross weight of delivery vehicle and liquid Sodium Hypochlorite in pounds; • Tare weight of delivery vehicle in pounds; • Net weight of liquid Sodium Hypochlorite in the delivery vehicle in pounds; and • Number of gallons; • Certificate; • All other documentation prescribed by DOT, ICC, other regulatory bodies and statues; • Any other applicable order/delivery documents based on inadequate or non- conforming information in the above documents. Failure to supply the required certificates, or failure to meet any specification described herein, shall be sufficient cause for the City to reject the delivery. The Supplier shall follow all City's security procedures and safety requirements for personal protective equipment. (The City shall inform the Supplier of these procedures and requirements initially, and shall communicate any changes throughout the term of the contract.) The Supplier is expected to comply with reasonable requests for emergency deliveries. Failure of Supplier to successfully complete a delivery is sufficient grounds to constitute a breach of the contract. EXHIBIT B AGREEMENT PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $677,999.99. AGREEMENT PRICING SCHEDULE Agreement includes the supply/delivery of liquid Sodium Hypochlorite (12.5%) FY2025 including any incidentals as required for this chemical. NOT-TO-EXCEED AMOUNT.............................................$677,999.99 Agreement is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by City. The City will pay the Supplier based on actual quantities of each item of work in accordance with the agreement documents. Estimated Item No. Description Quantity UOM Unit Price Total Cost 1 Sodium Hypochlorite (12.5%) FY2025 150,000 GAL $4.52 $677,999.99 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Sole Source for Western States Equipment Company for the Purchase of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 10/1/2024 Presenter: Consent Estimated Time: 5-10 Min. Topic: Approval of Sole Source for Western States Equipment Company Recommended Council Action: Approval of Sole Source for purchases of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services from Western States Equipment Company. Background: Western States Equipment Company direct dealer of Caterpillar will provide the services of ordering and installing the Generator Parallel Switchgear-Master Parallel Controller and the Four Generator Controls System Upgrade, There are no known functional equivalents suitable to the City's specific Caterpillar generators and specific electrical system requirements. Caterpillar sells exclusively and direct through its dealer Western States Equipment Company. Therefore,the Public Works Department requests a sole source procurement for the Master Parallel Controller and related equipment & services per Idaho State Statute 67-2808 (ii) where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration, and (viii) where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. PURCHASING AGENT E IDIAN 33 East Broadway Avenue .� Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 CITY OF MERIDIAN SOLE SOURCE FORM Date: September 24, 2024 Item or Service: Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services X Sole Source: Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrades Services JUSTIFICATION: (Attach additional pages if needed) Caterpillar generators and the major components of the Caterpillar system (Generator Parallel Switchgear, Controls, Software, and System Upgrade Services) are only available through the geographically assigned Caterpillar dealer. Western States Equipment Company is the manufacturers designated reseller of Caterpillar generators, switchgear, controls & software, and thus the only source. Therefore, the Public Works Department requests a sole source supplier for Caterpillar generators, generator parallel switchgear, controls, software, and system upgrades per Idaho State Statute 67-2808 (ii) where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration, and (viii) where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy& Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approvf-�-1-2024 Date: Requestor(Print Name) Purchasing Approval: Department Manager Signature Purchasing Manager w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2479: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Office Supplies and Office Furniture to the West Ada School District CITY OF MERIDIAN RESOLUTION NO. 24-2479 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE DONATION OF CERTAIN OFFICE SUPPLIES AND OFFICE FURNITURE TO THE WEST ADA SCHOOL DISTRICT. WHEREAS, it is in the best interest of the City of Meridian to declare certain office supplies and office furniture as attached in Exhibit"A" as surplus, as these particular items are no longer needed or used by the City of Meridian; WHEREAS,the City of Meridian's purchasing policy allows surplus City property to be donated to other agencies exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS,the City of Meridian desires to donate the office supplies and office furniture listed in Exhibit"A"to the West Ada School District, which are exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the City Council hereby authorize and declare that certain office supplies and office furniture as attached hereto as Exhibit"A" are surplus property. Section 2. That the City Council hereby authorizes the donation of the office supplies and office furniture listed in Exhibit"A"to the West Ada School District. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 st day of October, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 st day of October, 2024. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk EXHIBIT A I C� E IDIAN� A MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: HR Department Meeting Date: TBD Presenter: TBD Estimated Time: N/A Topic: Request for Approval to Donate Surplus Office Supplies to Local Schools Recommended Council Action: It is requested that the City Council approve the donation of the following surplus office supplies from the Human Resources Department to the West Ada School District: • 191 assorted binders • 84 portfolios/folders • 37 giant post-it notes • 6 file cabinets of varying size By authorizing this donation, the City Council would be facilitating the repurposing of valuable resources for educational purposes, contributing positively to the community. Background: The Human Resources Department of the City of Meridian has accumulated a surplus of office supplies. These items are no longer needed by the HR department and have been offered to other departments within the city. However, all other departments have declined the offer, indicating that they do not require these supplies. Recognizing the potential value these items could have in an educational setting, we propose donating them to West Ada School District. The West Ada School District has already agreed to take the items and utilize them in their schools. Schools often have limited budgets for supplies, and these items could be put to good use by teachers and students alike. This action not only benefits the schools but also supports the city's commitment to community engagement and sustainability by ensuring that usable items do not go to waste. DEPARTMENT C 4/(E IDIAN=-- Human Resources DEPARTMENT CONTACT CITY OF MERIDIAN Hannah Habig PROPERTY INFORMATION FORM CITY TAG# DESCRIPTION LOCATION 01184,00254,01047,08722, Cabinets(only items that have asset tags out of this list), HR Department 00914, and 00958 binders,portfolios/folders,and giant Post-It notes. MODEL MANUFACTURER SERIAL/VI # N/A N/A N/A ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN 10+years for the majority of the items. N/A N/A N/A PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell Recognizing the potential value these items could have in an educational Donation Transfer setting,we propose donating them to West Ada School District.The West Ada — / School District has already agreed to take the items and utilize them in their —Trade In ( schools. i Schools often have limited budgets for supplies,and these items could be put to good use by teachers and students alike.This action not only benefits the Ischools but also supports the city's commitment to community engagement and sustainability by ensuring that usable items do not go to waste. j I i Discard/Recycle "Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY The HR Department and other departments within the city have no use of these assets. CONDITION OF PROPERTY TO BE DISPOSED A mix of used and gently used items. I I Department Designee Approval Date Finance Reviewed Date J:\A Hannah Habig\Property-information-and-disposal-request-form.xlsx 1 of 4 Instructions for submitting Property Disposal Request, A. Department will obtain a signature for approval of Department Designee. B. Send to Finance Department(Accountant)for review and signature. f IC. Finance(Accountant)will return a copy of the approved form to the Department so they can proceed with disposal. *The Department will remove all identifying logos prior to disposal if applicable. I *Any fixed assets that is to be disposed or sold without public notice,public sale,or at {{ I auction must be authorized by City Council resolution prior to disposal or sale. I a. Finance(Accountant)will send copy of signed disposal request to Legal(Legal Services Support Manager)and Department for Resolution draft. Department will coordinate with Legal(Legal Services Support Manager);add Disposal Form and Resolution draft to next available Council Agenda using Agenda Manager Software. E. The Department will contact the auction company or donating agency to arrange pick up. F. Once the property is disposed of, Finance will note on the form the Final Disposition of Property and will delete item from the Fixed Asset Listing. Departments will note the disposition on their Inventory Listing. I G. Finance and/or Department will notify Legal to remove item from insurance policy I See Fixed Asset Policy for more information See Disposal Flowchart for more information J:\A Hannah Habig\Property-information-and-disposal-request-form.xlsx 3 of 4 Binders Giant Post-it Notes Blue Black Y'-flow" 27 2 'We have 37 Giant,Non-Sticky Post-It Notes 1.5 " 24 2 " 7 34 i 3" 60 1 3 30 5" 1 2 Total 119 37 S ; 30 Total Binders Available= 191 Portfolios/Folders Cabinets Asset Tags We also have 84 assorted Portfolio&Folders 2-Large File Cabinets with pullout drawers L-01184 R-00254 I-Medium/Small damaged file cabinet with pullout drawers 01047 2-Large Lateral slide out cabinet with drawers 08722 00958 I-Open Cabinet 00914 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Prevention Week Proclamation fNDIAN IDAHO The Office of the Mayor PRO CAL ANAT001ON WHEREAS, the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city; and, WHEREAS, fire is a serious public safety concern both nationally and locally, and homes are the locations where people are at greatest risk from fire ; and, WHEREAS, Meridian ' s first responders are dedicated to reduce the occurrence of home fires and related injuries through prevention education ; and, WHEREAS, Meridian ' s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire ; and, WHEREAS, this year ' s theme " Smoke alarms : Make them work for you ! " effectively reminds us about the importance of having smoke alarms in the home and the Meridian Fire Department supports the campaign theme to heed the call to action : INSTALL , TEST , and REPLACE . THEREFORE, I, Mayor Robert E . Simison, hereby proclaim the month of October 6 - 12 , 2024 as ,dire Prevention 1 Ne e k in the City of Meridian and call upon the community to observe the important safety message of Fire Prevention Week and to be pared with smoke alarms in your home to keep our community safe . 4 Dated this I " day of October, 2024 Ro ert E . VrPre'sident MayorLuke Cave Liz Strader, Vice President Brian Whitlock, City Council Doug Taylor, City Council John Overton, City Council i Anne Little Roberts , City Council e tt IW ZVAF ro et I ry 1'' s �`'44 a Or E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2025 Budget Amendment in the Amount of$14,000 for Police Canine Unit and Equipment 9i1712024 12'04PMI City of Meridian FY2025 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Tota C� IEA IDIAN^-- 01 2110 41200 0 Wages 01 2110 41206 0 PT/Seasonal Wages 01 2110 41210 0 Overtime please only complete the fields 01 2110 41304 0 Uniform Allowance highlighted in Orange. 01 2110 42021 0 FICA $__ Amendment Details 01 1 2110 42022 0 PERSI I $ Title: Police Canine Early Replacement 01 2110 42023 1 0 Worker's Comp I $ Department Name: Police 01 2110 42025 1 0 Employee Insurance S Presenting Department Name: Police Total Personnel Costs S Department#: 2110 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Go ng Total CIP#: 01 2123 ft0 Capital-K9&Equipment $ 14,000 $ 14.000 Project M 01 2110 0 S - 01 2110 0 $ Is this for an Emergency? © Yes No 01 2110 0 $ New Level of Serv,ce? ❑ Yes CI No 01 2110 0 $ 01 2110 0 $ Clerks Office Stamp 01 2110 0 $ 01 2110 0 S 01 2110 0 $ 01 2110 0 $ 01 2110 0 $ 01 2110 1 0 5 10-1-2024 Ol 2110 0 $ Date of Council Approval Total Operating Expenditures S 14,000 $ - $ 14,000 Capital Outlay Fund# Dept.# G/Lit Proj# G/L#Description Total Acknowled ement Date 01 2110 0 01 2110 0 01 2110 0 De ment Director 01 2110 01 2110 0 — �_ 9/23/24 jfields 9.23.24 01 2110 0 Chi Financia1Officer Revenue/Donations Total Capital Outlay $ 129 Fund# Dept.# G/L# Proj.# G/L#Description Total Coun icon 01 2110 0 �4- 9-23-24 01 2110 0 Mayor � Total Revenue/Donations S Total Amendment Request $ 14,000 C ty of Meridian FY2025 Budget Amendment Form HAK91Bud9etAmendment 911712024 1204PM City of Meridian FY2025 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2025 2026 2027 2028 2029 Title: Poli a Canine Early Replacement Personne S S S $ S —nvrtt.+n.1—Sufe,teittinr.ITa dltrr A rn••nd uvn 1, Operating S 14,000 S S $ S > Department writ send Amendment with drectors signature to Finance(Budget Manager)for(evlew Capital S >Finance wit send amendment to Council Uanon for signature Total S S 14,00o S S S 5 - >Council Uatson will send Signed Amendment to Mayor Total Estimated Project Cost: S 14,W > mayor M1 send segued Amendment to rmante(Budget manager Evaluation Questions > Finance(Budget Manager)will send apprmed copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. >Department swig add copy of Amendment to Council Agenda using Muroaode Agenda Manager 1. Describe what is being requested? This amendment is to replace one police canine earlier than was anticipated when purchased in FY20. The handler of this canine promoted to Corporal and can't keep using the canine. This coincided with the acquisition of 3 replacement canines that were already in FY25 which we will soon be training. It is advanageous to replace this one additional canine sooner due to its age and expected service life and in order to have the new handier train with the other 3 teams. 2. Why was this budget request not submitted during the current fiscal year budget cycle? This situation and best practice decision to resolve it transpired after the FY25 planning. I 3. What is the explanation_for not submitting this budget request during the next fiscal near budget cycle? I Additional canines are in the FY27 CFP. If this request was submitted in FY26,then we would be purchasing and training canines 3 years n a row,which is a 4 month process. It is best practice to keep these canines in clusters that can initially train together and retire out at the same time. 4.Describe the proposed method of funding? If funding is split between Funds(Le..Genera I,Enterprise,Grant) pleat include the percentage split. List the amounts and sources of anticipated add tional revenue that will result from approval of this request. i General fund .—.---•----...,_._...,.___..a 5.Does this request align with the Department/City's strategic plan? if not,please explain how this request was not included in the Department/City strategic plan? r —-- --------- — --- --; i Yes ff L 1 6, Does this request.require resources to be provided by other departments? tf yes,please describe the necessary resources to be provided by other departments No i 7. Does this Amendment include anu needed Equipment or Software that will utilize the C_s !wnrl 7 TyQe w (�Nip- 8.Is the amendment goln'to result in the disposal of an asset?,;Yes or No) 9 Any additional comm n ? f Total Amendment Request $ 14,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2025 Budget Amendment Form H;1K91Budget Amendment