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HomeMy WebLinkAbout2024-12-17 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 17, 2024 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilwoman Liz Strader Councilman Luke Cavener (4:35) Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader 1. Approve Minutes of the December 3, 2024 City Council Regular Meeting 2. TM Creek Subdivision Water Main Easement No. 1 (ESMT-2024-0167) 3. Watts Meridian Medical Partners Subdivision Full Release of Sanitary Sewer and Water Main Easement (ESMT-2024-0168) 4. Watts Meridian Medical Partners Subdivision Release of Water Main Easement (ESMT-2024-0169) 5. Watts Meridian Medical Partners Subdivision Full Release of Water Main Easement (ESMT-2024-0170) 6. Calvery Chapel Sanitary Sewer and Water Main Easement Partial Release (ESMT- 2024-0171) 7. Final Plat for Alexander's Landing Subdivision (FP-2024-0023) by KB Homes, located at 4574 W. Quarterhorse Ln. 8. Findings of Fact, Conclusions of Law for Addison Circle Subdivision (H-2024-0040) by Centurion Engineers, Inc., located at 4635 N. Black Cat Rd. 9. Findings of Fact, Conclusions of Law for Apex Phenomenal (H-2024-0041) by Brighton Corporation, generally located on the north side of E. Lake Hazel Rd. approximately 1/4 mile west of S. Locust Grove Rd. 10. Findings of Fact, Conclusions of Law for Black Cat East (H-2024-0047) by Sawtooth Development, located at 935 S. Black Cat Rd. 11. Approval of Agreement for Supply to Western States Equipment Company of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services for the Not-To-Exceed amount of $211,914.12 12. Approval of Construction Contract to Cascade Enterprises, Inc. for Well# 29 Pumping Facility Upgrades for the Not-To-Exceed Amount of $233,000.00 13. Approval of Construction Contract to Irminger Construction, Inc. for Well 31- Water Treatment Facility-Construction for the Not-To-Exceed Amount of $1,599,528.00 14. Approve the agreement to Motorola Solutions for the Not-to-Exceed amount of $788,290.47 and authorize the Procurement Manager to execute the contract and issue the Purchase Order for the amount Not-to-Exceed $788,290.47 15. Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital 16. Fiscal Year 2025 Net-Zero Budget Amendment in the Amount of $5,000.00 for Water Tower Championship Sponsorship 17. Resolution 24-2496: Approval of lease of Meridian City Hall office space to Congressman Russ Fulcher for District Office for the Not-To-Exceed Amount of $1,881.00 per month ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 18. Discussion of Request from Ada County and Ada County Emergency Medical Services District concerning Countywide Development Impact Fees 19. Shift Differential Policy Discussion 20. Resolution 24-2495: A Resolution of the City Council of the City of Meridian Adding City of Meridian Standard Operating Policy 3.4.6, Regarding Shift Differential Duties and Compensation; and Providing an Effective Date Approved Motion to approve made by Councilwoman Little Roberts, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener ADJOURNMENT 5:25 PM Meridian City Council Work Session December 17, 2024. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, December 17, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Other Present: Chris Johnson, Bill Nary, Kurt Starman, Debbie Hoopes, Todd Lavoie, Tracy Basterrechea, Steve Taulbee and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Brian Whitlock Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is December 17th, 2024, at 4:30 p.m. We will begin this City Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is the adoption of the agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we adopt the agenda as published. Overton: Second. Simison: Have a motion and a second to adopt the agenda is published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the December 3, 2024 City Council Regular Meeting 2. TM Creek Subdivision Water Main Easement No. 1 (ESMT-2024-0167) Meridian City Council Work Session December 17,2024 Page 2 of 19 3. Watts Meridian Medical Partners Subdivision Full Release of Sanitary Sewer and Water Main Easement (ESMT-2024-0168) 4. Watts Meridian Medical Partners Subdivision Release of Water Main Easement (ESMT-2024-0169) 5. Watts Meridian Medical Partners Subdivision Full Release of Water Main Easement (ESMT-2024-0170) 6. Calvery Chapel Sanitary Sewer and Water Main Easement Partial Release (ESMT-2024-0171) 7. Final Plat for Alexander's Landing Subdivision (FP-2024-0023) by KB Homes, located at 4574 W. Quarterhorse Ln. 8. Findings of Fact, Conclusions of Law for Addison Circle Subdivision (H-2024-0040) by Centurion Engineers, Inc., located at 4635 N. Black Cat Rd. 9. Findings of Fact, Conclusions of Law for Apex Phenomenal (H-2024- 0041) by Brighton Corporation, generally located on the north side of E. Lake Hazel Rd. approximately 1/4 mile west of S. Locust Grove Rd. 10. Findings of Fact, Conclusions of Law for Black Cat East (H-2024- 0047) by Sawtooth Development, located at 935 S. Black Cat Rd. 11. Approval of Agreement for Supply to Western States Equipment Company of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services for the Not-To- Exceed amount of $211,914.12 12. Approval of Construction Contract to Cascade Enterprises, Inc. for Well# 29 Pumping Facility Upgrades for the Not-To-Exceed Amount of $233,000.00 13. Approval of Construction Contract to Irminger Construction, Inc. for Well 31-Water Treatment Facility-Construction for the Not-To-Exceed Amount of $1,599,528.00 14. Approve the agreement to Motorola Solutions for the Not-to-Exceed amount of $788,290.47 and authorize the Procurement Manager to execute the contract and issue the Purchase Order for the amount Not-to-Exceed $788,290.47 Meridian City Council Work Session December 17,2024 Page 3 of 19 15. Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital 16. Fiscal Year 2025 Net-Zero Budget Amendment in the Amount of $5,000.00 for Water Tower Championship Sponsorship 17. Resolution 24-2496: Approval of lease of Meridian City Hall office space to Congressman Russ Fulcher for District Office for the Not- To-Exceed Amount of $1,881.00 per month Simison: First up is the Consent Agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we approve the Consent Agenda, for the Mayor to sign and Clerk to attest. Overton: Second. Simison: I 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 is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 18. Discussion of Request from Ada County and Ada County Emergency Medical Services District concerning Countywide Development Impact Fees Simison: So, with that we will go on to Item 18, which is Department/Commission Reports and first item up is discussion of request from Ada county and Ada County Emergency Medical Services District concerning countywide development impact fees and I will turn this over to Kurt. Starman: Thank you, Mr. Mayor, Members of Council. This is a topic familiar to some of you, but it's been a couple years since we had this discussion, so I will take a little bit of time to provide some context and we have guests from the county here today to go Meridian City Council Work Session December 17,2024 Page 4 of 19 into more detail about the content of their proposal and the request of the city. Let me just kind of start with about -- kind of paint the -- the broad brush of what we hope to accomplish today. This is not an action item for the Council, it's an information item and we are seeking some direction. Again, this is a new topic for the City of Meridian. It's been a couple years or perhaps a bit longer and so the county is looking to implement on a countywide basis development impact fees for some particular services. One of which is not relevant to the incorporated cities and that pertains to the Sheriff's Department, but the other three do require the cooperation and participation of all the incorporated cities in Ada county and so they -- perhaps when they make their presentation they can sort of tell you more about their process and where they are with respect to communications and discussions with other -- some of our fellow cities elsewhere in Ada county as well. This is a request from two entities. It's Ada county, but it's also the Ada County Emergency Medical Services District. For ease of discussion I'm just going to refer to both entities as the county, but just for clarity we are really talking about two entities that would require the city's cooperation and participation with. As I mentioned it's countywide development impact fees that would be relevant to Meridian, but the other incorporated cities as well in three particular areas of the coroner's office, EMS and the jail facility and, again, the county will get into some more detail about that in a few minutes here. The -- in some ways on a -- sort of really basic level at the ten thousand foot level this is somewhat similar to the city's relationship with the Ada County Highway District and you are -- Council is likely aware that the city collects impact fees for itself and with respect to police, fire and parks and, then, we also through our development process collect impact fees on behalf of ACHD. That's -- this is sort of a similar concept with -- with some significant and perhaps profound differences as well and so I want to focus on those differences. I am not sure that was clear in 2022. Unlike ACHD, which has the statutory ability to pass an ordinance -- a development impact fee ordinance on a countywide basis and collect those fees on a countywide basis, Ada county does not have that ability. Courts have long held that county ordinances are only effective in the unincorporated area. City ordinances are only effective within our incorporated area. And so to the extent the county wishes to have a fee program that covers the entire county, both unincorporated and incorporated areas, they need the cities -- all cities to participate and to assist with that process. So, that's a fundamental difference between the ACHD model, if I can refer to it that way, and what the county is proposing before you today and they did in the past as well and more specifically what they need from all -- all the cities, including Meridian, is the cities to agree to an intergovernmental agreement, which is required by state law. They need all the cities to adopt the county capital improvement plans that are relevant to -- to form the basis for the impact fees that are being proposed. Those get incorporated into each city's comprehensive plan and, then, lastly each city needs to adapt -- adopt a development impact fee ordinance similar to the ordinance that we have adopted to collect impact fees for parks, fire and police, we would adopt -- if the Council was so inclined we would head down that path of adopting an ordinance that would be specific to the fees I mentioned earlier for coroner, EMS, and jail. I think a tricky part of this process is that we have so many jurisdictions involved and really we are not quite first out of the chute, but in some ways I think we are -- we are farther along than others. I know the counties had some discussions with mayors of different Meridian City Council Work Session December 17,2024 Page 5 of 19 jurisdictions, in some cases with the development impact fee advisory committees of different jurisdictions, but there is still some initial work with all of our fellow cities. So, we are a little bit ahead of the game and I think importantly, therefore, we need to be thoughtful if the City of Meridian wishes to participate or continue to explore participation we need to be sort of careful and thoughtful how we do that and in the -- in your memo before you today we outlined sort of a four step conservative approach that we think would -- if Council is inclined to go in that direction would provide -- would help the county achieve its goal, but also provide protections from the city, as also importantly -- and I will talk more about that near the end of our presentation today, so I won't elaborate more right at the moment, but those steps are outlined in your memo as well. Really the goal -- and we can't quite get there one hundred percent, but from the staff perspective at least the goal is to contractually make this as close to the ACHD model as possible. So, we can't get quite to the ACHD model, because we have to adopt the CIPs, we have to adopt an ordinance and we have to be involved in all those activities. But contractually the goal is to make it as -- that we become more of a facilitator and that the county does the heavy lifting, just like ACHD does the heavy lifting for its fees. The accounting, appeals, the work on the CIPs, update to CIPs, making use of the county's existing development impact fee advisory committee, which knows these topics, our committee does not, you know, we don't know anything about jails, we don't know anything about -- or that's a bit of exaggeration. We don't know as much about EMS and some other areas as others. So, the goal here, if we head down this path, is to do an incremental approach and also contractually to make us more of a facilitator to the greatest extent possible and to have the county sort of carry the more heavy burden, which is appropriate, because the fees are being used to build -- to build county facilities. We also think the four step implementation plan in your memo is helpful in the sense that -- I think it would -- from a staff perspective there is concern that we don't want to have it create unlevel playing fields where Meridian, for example, elects to participate and a different or one or more other cities choose not to, that's just an unlevel playing field. If we are collecting fees on behalf of the county and others are not, that's not a fair situation. So, the implementation plan before you that we will talk about more after the county presentation, provides a solution for that where potentially we would adopt the county CIPs, enter into an intergovernmental agreement and, then, pause and, then, once the county gets the other cities on board and they do what they need to do, only at that time would the City of Meridian take the final step, which would be the ordinance that would actually allow us to collect the fees on behalf of the county. So, I think that's a way to avoid that unlevel playing field problem and I think it also is a way for us to be good partners with the county to show support and to be helpful to them and help advance the ball. So, that's kind of the game plan for today. The county is going to now present on kind of the detail of what they are proposing and the detail of how the numbers were generated. Once they finish that I will come back and talk a little bit more about those implementation steps that I alluded to. I'm happy to answer questions now or Mr. Rutherford from the county is prepared to kind of introduce his team and -- and kick off that part of the presentation. Simison: Thank you, Kurt. Council, any questions? All right. Good afternoon, Steve. Nice to see you. Meridian City Council Work Session December 17,2024 Page 6 of 19 Rutherford: Mr. Mayor, Members of the Council, thank you very much. It's kind of bizarre being here. I have a history in Meridian. Before I got here I used to wrestle Tracy Basterrechea in wrestling. This -- like in grade school. In the late '90s I was a prosecutor and Mr. Overton -- Council Member Overton trained me, handed me off to -- to Council Member Cavener's dad, who finished my training as a prosecutor and, then, I got handed off for -- for real finishing school to Council -- or to City Attorney Nary who taught me how to be a city attorney. So, it's full circle. Really glad to be here. So appreciate the opportunity. As Kurt mentioned, this has been kind of a stop-start. We have been at this for some time. When we were here in '22 we had to pause because we had to do some updating to our CIPs, particularly in EMS related to some -- some fire stations we worked on with you all and we decided at that time, because we were almost two years into our CIPs, that we better stop, redo all the CIPs and, then, start again in earnest and so -- so here we are. I have all the folks I think in the room that can answer the questions that you might have tonight. We have Leon Letson from our Development Services, he is kind of the timeline process guy. We have Colin McAweeney, who is our consultant, who helped us do all the CIPs and the impact fee study and he is going to give the presentation tonight. We also, for those of you interested in how the coroner's office operates, you have your elected Ada County Coroner Rich Ripples in the room and he is happy to answer any questions as well. I do want to let you know we really do appreciate your staff. Kurt has been great. We have met with Todd Lavoie. Understandably they are nervous about this whole thing. It's like countywide trust circle and the -- the -- the county commissioners are not interested in a countywide impact fee where one city doesn't participate. So, we all go together and we don't go at all. So, just to alleviate any fears, we will shut this thing down if the city decides to balk. We haven't gotten to that point yet. There are positive signs. We have got -- and Leon can talk to you about a couple of the cities have already started through the process. I'm not sure they are ahead of you, but probably -- well, they probably are a little bit, but -- and we have a couple stragglers that we are still working through some fine details, so -- but we will -- we are undaunted and we are going to keep pressing. So, I'm going to hand off to Colin for the presentation. Thank you. McAweeney: Will I be able to operate it here? Okay. Wonderful. Mayor, Council Members, I'm Colin McAweeney with Tischler Bice. I got a handful of slides to sort of run through with you, more high level than -- than sort of the -- the whole report. I want to take time to make sure that you are comfortable with the numbers and -- and understand where -- where we got there. How we got there. The firm Tischler Bice Colina, based over in Boise, we have -- sort of the foremost impact fee specialists in the state. You are seeing about 78 1 believe communities throughout the state here that we have worked with to do impact fees and other revenue strategies up through Bonner County, throughout the Treasure Valley and, then, out east as well. Now, we got a pretty good overview of -- of the process. We did sort of restart things in '23 to update CIPs and -- and demand factors. We went through a lot of growth and so wanted to sit down with department heads to understand different priorities and -- and -- and how those CIPs reflect that. Also sort of elevated costs because we went through a big, you know, inflationary period as well and as mentioned we are -- the full report included Meridian City Council Work Session December 17,2024 Page 7 of 19 sheriff facilities, jail, coroner and EMS, but as we are engaging with the cities we are only looking to hopefully have the cities participate for the jail, EMS and coroner services -- or services that the cities don't provide, but the counties are providing or the sheriff facilities, you know, station expansion. We are hoping to have those collected within the unincorporated area, so -- so, really, we are just focusing on those three fee categories there. The approach we have taken for -- for all of that analysis is called incremental expansion approach and it's actually the same methodology that your impact fees are under. A gentleman, Dwayne Guthrie, he used to be a Tischler Bice employee and so he used the same methodologies that we have used here on -- on the City of Meridian impact fee studies. You know, just wanted to sort of spell out kind of the -- the sort of building blocks of these studies. Here is the growth projection for Ada County countywide. We started this process to sort of update in '23. At that time we had 544,000 people throughout the county, growing a little over one percent, 23 percent over the next ten years. So, that's 125,000 new residents. Again we are looking at these facilities as countrywide benefiting facilities, so we are looking at countywide growth. On the commercial side we had 239,000, residents growing at a pretty good clip as well, 18 percent over the next ten years, 43,000 new jobs or 17 million new square feet of nonresidential development. So, I want to touch on the jail methodology. Again it's called incremental expansion of approach and what we do here is look at current levels of service. So, that's beds per thousand residents or square feet of facility space per thousand residents. We set the impact fee to that current level of service looking at current construction costs and as new folks come into the community, into Ada county, they pay an impact fee to keep up with levels of service. So, we are not overcharging growth. We are just sort of really protecting current levels of service and we will expand our facilities as we are collecting those dollars to -- to ensure that we are at least keeping up with current levels of service. Real changes from '21 where there was a Pod E and F expansion in the '21 study, as right at this moment we are just looking at Pod E and so there is actually a slight reduction in the CIP there and also took a little bit more analysis on the -- the inmates within the jail. So, I wanted to sort of hash that out a little bit further. So, the Ada County Jail also -- you know, it -- it -- it, you know, houses folks that live within Ada county or folks that -- that, you know, commit a crime within Ada county, but they also hold state prisoners as well, either those that are sort of waiting for transport or sort of going through pre-trial elements, you know, with -- with the state and the -- the jail capacity is six -- sorry -- 949 inmates, sort of normal day-to-day holding is 200 state prisoners, but vast majority of those state prisoners are Ada county residents and so we didn't want to reduce out the full 200 from that level of service, because a vast majority -- 95 percent of the state prisoners are actually Ada county residents. So, attributing sort of that residency to Ada county demand and -- and -- and growth. Now, ten percent -- or, sorry, five percent or ten of those inmates were out of county prisoners and so we actually reduced the level of service just by one percent, but -- but just ensuring that we are only look at that Ada county demand. We also use call data from the Sheriff's Office to determine residential versus nonresidential demand and, you know, very similar if you -- if you looked at your police and fire impact fee, we start -- start looking at functional population or call data to understand where -- where your demand is coming from, residential and nonresidential. In this case it boils down to 63 percent of that demand on -- on the -- the jail is from residential uses and, Meridian City Council Work Session December 17,2024 Page 8 of 19 then, 37 percent from nonresidential uses. Here is a call out provided by the -- the jail staff. This was prepared at the beginning of the year of '24, so slightly outdated, but it's basically showing by the mid 2024 they were going to hit capacity. So, really just sort of driving home the point, hey, we are reaching or at capacity, we need to expand our capital facilities justifying the collection of -- of impact fees to make sure that we can support the program. Level of service analysis, tons of numbers here. You know, just to sort of walk you through, we have occupational capacity 949 beds being, you know, assumed that all those beds are being occupied right now, because we are -- we are sort of through '24. Now 99 percent of that is Ada county beds reducing out that one percent, so about 940 beds. Value of 105 million dollars. Then you are going to see that 63/37 percent split comparing that to current or 2023 population to get current level of service and so that's about one bed per thousand residents. Then we get that cost per person by applying level of service and cost of construction, which is about 112,000 dollars per bed. Combine those two you get a 121 dollars per person. We also examine jail ancillary facilities. So, that's sort of what we were looking at is just the pods where the inmates are held, but there is the medical units, work release, juvenile detention center. Also vehicle maintenance areas. So, sort of working through levels of service there. Smaller numbers, but really ensuring that we can help support their growth related capital plan and you are seeing that here ten year CIP, just Pod E jail expansion, 294 beds, you know, we have those locker rooms, warehousing, secured entrance, all that related growth as we are needing to accommodate future residents. Fifty-three million dollars there over the next ten years at the maxim portable impact fees if all the -- if all the cities are participating we are projecting about 36 million dollars to help support that CIP. Here is the breakdown by land use category. So, you have the cost per person and, then, in cost per nonresidential vehicle trip, which is used to calculate the nonresidential fee. Overall sort of countrywide average for a single family home is 2.62 people per single family home. We have our cost factor of 197 dollars per person, demand factor of 2.62 people to get us a maximum payroll fee for a single family home of 516 dollars. Three hundred fifty-seven dollars for multi-family unit. You build a 20 unit apartment building you pay 20X at that number there. On the nonresidential side, 649 dollars per a thousand square feet of retail development, all the way down to 163 dollars for industrial development, giving you an example -- or just comparison here of what the 20 study indicated and actually kind of dropped on the non -- or on the residential side. We saw some increases on the nonresidential side just -- just attributed to that call -- calls for service analysis. And I will walk through EMS and coroner a little bit quicker. EMS we did the same analysis -- same approach. Incremental expansion. We just looked at station space of Ada county paramedics throughout the county. Compare that to current population to get current levels of service. Based on that information the growth related need was 12,000 new square feet of station space, one and a half acres of new land, six new units and some equipment. here. That 12,000 square feet equates to about four and a half or five new stations. That growth related need is ten million dollars to -- so to keep up with growth over the next ten years the paramedics would have to expand by about ten million dollars. Here is the CIP. So, we have actually five stations listed there, 16,000 square feet. Current cost is about 581 dollars per square foot, slightly less than a fire station, but still significant. So, that -- that total there is 9.5 million dollars in station. CIP, we need new Meridian City Council Work Session December 17,2024 Page 9 of 19 land, we need new vehicles to accommodate growth. Also a little bit of equipment that we can collect for in Idaho. Total cost here is 15 million dollars and actually meets and exceed that growth related need. So, importantly, the CIP justifies collecting at today's level of service onto new growth. Smaller numbers here, but -- but collecting for facilities, land, vehicles, equipment and -- and the fee study, gets us 66 dollars per person. Demand factors gets us the maximum fee amount. That's 117 dollars for a single family home and that's kind of actually right -- right where we fell in the '21 study. Coroner, same approach, incremental expansion by just examining that current level of service, but for new facility and so there is a little twist here that they just constructed a new facility. Issue debt and we can service debt with growth-related debt with impact fee collection and so that's what they are planning to do here in the coroner. Updated a couple of assumptions here and I will walk through that here. So, they moved to the Touchmark facility. That facility in total is going to be 40,000 square feet, but it's been expanded to accommodate 30, 40 years of growth and there is large sections of this -- of the facility that the lights are turned off and so they -- they will -- they will be able to push out admin space, autopsy areas of this -- you know, all the other areas. Training areas, locker rooms, those sorts of things that the coroner office is going to need. But importantly a little sort of layer of complexity here is that Ada County Coroner also provides service to partner counties and so there is about 20 -- 19 or 20 counties in Idaho that actually don't have their own coroner's office and so they actually partner a contract with Ada county to do those autopsies. So, importantly a part of that current facility is actually being used by non-Ada county residents and so we have to reduce out that demand to make sure we are only finding that -- that Ada county demand and of that partner workload that was 21 percent of their total autopsies with partnerships. So, we remove out that 21 percent. Currently they are occupying 40 percent of the total space. So, you got sort of current utilization of 12,500 square feet. Recalculate the current level of service off of that. Smaller number here even, 59 dollars for single family home, 39 dollars for per thousand square feet of retail and it's actually slightly less than what we projected out for '21. In summary, you can see Sheriff being blanked out here. So, the jail, EMS and coroner, total maximum supportable fee amount 750 dollars for a single family home, 1,256 dollars per thousand square feet of retail down to 12 -- to 217 dollars for industrial development and I will open up for any discussions on the -- on the calculations here. Simison: Thank you, Colin. Council, any questions? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Quick question. On -- when you say maximum supportable impact fee, that's the maximum that you can take or is that the recommended impact fee that the county would be asking for? Could you just clarify that for me? That's a -- McAweeney: Yeah. Councilman, that's a great question. So, the study supports this maximum. So, Ada county can't go above that maximum. We certainly can adopt lower Meridian City Council Work Session December 17,2024 Page 10 of 19 than the maximum. It -- you know, it's important to note that the maximum essentially represents in dollars the cost to serve new growth at current level of service. Any reduction from the maximum would, you know, indicate one of two things, either we need to have other revenues coming in to keep up with growth, because we are not using impact fees for that or we are saying we are okay with lowering levels of service, because we are not collecting at the maximum. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: This is a very general question, but what actions have or will the county commissioners take? Like what -- what is their role exactly in the process? Do they adopt the CIPs? Have they adopted this recommendation? Help me understand their role in the process. McAweeney: Yeah. I believe the county commissioners have -- yeah, have adopted the CIPs. Yes. Strader: Okay. Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Just to further clarify, so have the Ada county commissioners adopted the CIPs that reflect the maximum supportable impact fees? Like what -- I kind of want to just to like really level with you is I just want to hear have the Ada county commissioners agreed that this is what they are moving forward with or will the amount be recalibrated depending on their feedback? I just kind of want to understand where they are at with the process. McAweeney: Yeah. Council Member, that's a great question. I think we have kind of come to the conclusion that we really would like to -- and -- and I don't think we can really move forward without all the cities coming together. The county is ready to adopt and -- and sort of have included this -- the CIPs at the maximum levels in their comp plan, but they haven't -- they are not currently charging the impact fees yet on unincorporated development. We are just hoping to sort of do this -- show basically with -- with every city to sort of get all of us on board before everyone sort of takes that jump forward together. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think maybe what my -- my good colleague is asking is should all the cities agree and all the cities want to move forward what is the intention of the commissioners is to adopt the -- the maximum supported fees or something less than? Meridian City Council Work Session December 17,2024 Page 11 of 19 McAweeney: Oh, yeah. Yeah. Councilman, yeah, yeah, yeah. To plainly say it -- yeah, to plainly say it they will -- they will adopt the maximum. Yeah, they are seeking the maximum. Simison: So, one of the questions I had -- and I don't know how it impacts -- if you -- well, it says -- if you could easily scroll back to the population growth projection numbers and it -- you know, it kind of, you know, 4.3, 4.2, and, then, we hit a cliff in the projections. Talk to us about what that means and how does that impact -- you know, because what if those numbers were three, you know, that -- you know, I think those are well personally. So, I don't know what that means, though, in terms of the impact fee study, if the amount of percent increase is below target in terms of permits and fees. McAweeney: Mayor, that's a great question and -- and importantly the -- the reason why you -- we use this incremental expansion approach is actually kind of future proofs the fee collection and so if we actually accelerate in growth, we have collected more dollars, but we have to provide more, because we have to keep up with levels of service and so that will accelerate the CIP. We can collect more and, then, move to, you know, the next project, right, the fourth -- the fourth EMS station might -- might occur in year five instead of year seven and -- but, you know, on the -- on the flip side if it actually decreases the growth is not as high as what we are projecting, we have collected less dollars, but we are obligated to do less with that -- with those dollars. Simison: Okay. Any other questions, Council? Okay. And maybe one last question. don't know if this is for you or for Steve or who wants to step up, but is there any reason why the county hasn't adopted the one only for unincorporated currently? McAweeney: Yeah. That's a great question, Mayor. You know, there is a concern even just from a theoretical standpoint from impact fees, that we don't want to start collecting jail impact fee, coroner impact fee, sheriff impact fee on -- on unincorporated development if we are not going to, you know, do that within city limits and with impact fees we actually -- you know, the moment you start collecting an impact fee you are obligated to make capital expansions and -- and only ten percent of this growth that you see here is going to happen in unincorporated area and so 90 percent of that revenue would come from the -- the incorporated area. So, their CIP would be well underfunded. Simison: I'm just referencing the sheriff line item, which doesn't -- and so, you know, in some regards, you know, I think maybe I'm following a little bit of what was being said over here is in good faith from the county that they are just going to go start collecting that one right now to show that they are serious about collecting the fees, instead of waiting for the next three, six, nine, year -- can they go separately or can they not go separately? Can you do one? Can you not do one? But that's kind of where I -- you know, be great to see the county take the steps for the ones that they can, rather than saying, well, if we all don't go we are not going to do any, when you got one that's just on you. So, I -- I'm not going to -- I'm not going to put you on that, because you are the consultant, but I'm looking back over there at the -- those that are employed by the Meridian City Council Work Session December 17,2024 Page 12 of 19 county to maybe articulate if there is a desire or not by the county to move forward on the ones that only apply to the unincorporated areas. Rutherford: Mr. Mayor, thank you for that question. We have -- we just haven't talked about decoupling them. We could. We certainly could. Just have not thought about that. It really kind of -- when we talk about impact fees, we talk about all of them, but we could. I was just asking Leon, because he has been in those hearings, where they have adopted those CIPs in the comp plan and that conversation has not come -- come up. Simison: All right. Thank you. All right. Kurt, we will turn it back over to you. Starman: Thank you, Mr. Mayor, Members, of Council. So, the last part of our discussion for today -- and, again, this is not an action item, we are just educating the Council on what the county is requesting and kind of the background behind that. But to the extent the Council is prepared to press forward and learn more and partner with the county in some form, we had outlined some potential -- a potential implementation plan and so I just want to cover that very quickly and maybe reiterate the rationale behind a four step plan, as opposed to just jumping in head first. I talked about that a little bit when I was up here earlier. So, that that plan that we have in mind or had suggested that the Council is interested in -- in heading down this path with the county and being the partners, I think the first two items in your memo kind of go hand in glove, but they are sequential. The first is under state law we do have to have an intergovernmental agreement between the city and the county that puts in contract form how this is going to work and who is doing what, which advisory committee is going to be used for these countywide fees and things of that nature. So, we use the county's existing model and revised it to fit the City of Meridian's needs. That's attached to your memo. That's not in the final form, that could change, but that would just give you a feel and flavor of what that intergovernmental agreement might look like. I think importantly that's -- that's a step that is concrete. I think it would be helpful to the county to show momentum with other jurisdictions and help them advance the ball, but I think importantly as that document is crafted basically it makes it very clear that our commitment is to consider the possibility of adopting the county CIPs, but it makes it clear that the City Council is not obligated to do so. So, it basically says we are going to -- we are going to proceed in good faith, we are going to consider the CIPs, but the ultimate decision -- you know, you can't make that decision until you hear from the public and you have a chance to really dig deeper. So, if we went down that path the intergovernmental agreement provides the parameters and a framework to proceed, does not commit the Council to adopting the CIP and certainly not the impact fees themselves, which will be a discrete step later in the process. To the extent we enter into an intergovernmental agreement the way I just described and we provide a sample in your packet, the next step would be, then, to consider the potential adoption of the county's CIPs. We have looked at this from a staff perspective from a couple different angles and came to the conclusion that for a couple reasons. One is the city -- we are not experts in some of these areas, like jails as an example, or the coroner's office and so for us to truly, you know, jump into the detail of these CIPs is difficult, number one, and so I think we are inclined to, again, try to be that -- be a facilitator, but not -- but let the county carry the -- carry the weight and the heavy burden. So, our proposal -- our thought is that we would want the county Meridian City Council Work Session December 17,2024 Page 13 of 19 existing or perhaps a modified version, but the county's development impact fee advisory committee to serve the role required by state law, which is an advisory role to the planning commission and to the City Council as to these county fees, so we would use the county's advisory committee, instead of our typical committee, which has expertise and knowledge and background on things like fire, police, and parks, not much on jails. I think that's allowed in the law. The state statute specifically provides for intergovernmental agreements that allow the participating government entities to designate how those advisory committees are formed and how they take shape. So, we would approve the -- the intergovernmental agreement. We would look at the CIPs, that's a multi-step process, we would first under state law require a written -- requires written comments from the advisory committee that initially goes to the Planning and Zoning Commission. The Commission hears the item, takes public testimony, some public hearing process, then makes a recommendation to the Council. Another public hearing process. You will have the benefit at that point of advisory committee's written comments, as well as your Planning and Zoning Commission recommendation as well. The Council at that time -- you are not obligated to approve the CIPs, but should you choose to do so they actually get incorporated into the City of Meridian's Comprehensive Plan, that becomes -- another document that gets incorporated into our larger Comprehensive Plan. If we -- if -- and, then, for the reason I mentioned earlier, because I think we are a little ahead of other jurisdictions in terms of being willing perhaps to look at an intergovernmental agreement and the adoption of CIPs sooner rather than later, the thought process is we would pause at that time and let the other jurisdictions catch up. I like Mr. Rutherford's description of the trust circle. I'm a trust but verify kind of guy, so my recommendation to you all is that let's proceed cautiously and make sure we have an even playing field. I don't think we want to be first and adopt the ordinances that go with the fees and, then, find out other jurisdictions -- other jurisdictions choose not to participate. I think that puts us in an awkward spot, creates an unlevel playing field that's really not fair to, you know, the developers and property owners within our jurisdiction. So, the idea is if we did adopt the CIPs we -- we would pause, let the other cities catch up and when they do so and if they do so at that point we consider adopting the actual ordinance that would implement the development impact fees on the countywide basis, but in our case for our jurisdiction in particular and we would try to craft a more comprehensive intergovernmental agreement at that point that, as I mentioned earlier, contractually we try to get as close as possible to the ACH -- the ACHD model where really we are collecting fees on behalf of the county and in this instance, because of quirks in state law we do have to adopt an ordinance, we have to adopt the CIPs, but we are going to contractually try to make it very clear that we are really sort of the -- an intermediate, a facilitary -- a facilitator and that we are collecting those fees and that they are really benefiting the county facilities, the jail, coroner's office and EMS, and we will structure that where the county would provide identification to the city, would do all the heavy lifting in terms of the administrative work, updates to CIPs and things of that nature and we really want to have them in the driver's seat and we are just trying to be good partners to get them where they need to be. So, that's really the presentation for today. All of us are available to answer more questions you may have on any of those. Really the goal today was to update the Council on what the county is thinking and what their proposal or request is of the city and, then, to get some Meridian City Council Work Session December 17,2024 Page 14 of 19 direction from you as a body as to do we have an interest in learning more and proceeding. Do we need more information? However you would like to proceed if at all. So, I'm happy to stand for questions. Simison: Thank you. Council, questions, comments? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Kurt, really quick question. Outside of what you have already articulated are there any concerns that you have of city liabilities with collecting county impact fees? Starman: Thank you, Mr. Mayor, Members of Council, Council Member Taylor. I want to be a bit circumspect about that, not only to provide legal advice on -- at the podium and on the fly, but I will say there is some areas -- let me just -- at the very high level let me just highlight a couple of examples. One is for -- to the best of my knowledge this is the first countrywide impact fee program in Idaho. There are some smaller models out there. The county, for example, collaborates with the rural fire districts and they collect fees. The county is kind of playing the role we would play. The county collects fees on behalf of some of the rural fire districts. So, there is a -- kind of micro model that's available. I have heard that there are some -- maybe in east Idaho, maybe some little niches like that as well, but to the best of my knowledge and, you know, if my colleagues from the county or consultant knows differently they can educate me as well, but we are kind of plowing new ground here. State law clearly allows for it. There is explicit language that allows for intergovernmental cooperation and programs of this nature, but this is new territory. That always gives me pause and I want to be extra careful when we are kind of on the bleeding edge of a new idea or topic of this nature. The other area that gives me a bit of pause -- and, you know, might be a good idea to hear from our elected coroner today to -- so I can be educated, as well as the public in general and the Council, but, you know, that we can only collect -- cities and counties can only collect impact fees for certain things. It's codified in state law and there are specific categories. Roads, for example. Parks, for example. And public safety, for example. So clearly -- and there is some examples given in state -- state law with public safety means and it means things like jails and sheriffs and police departments and fire departments. There is no reference to coroners. I think the county makes a fair case that coroners have a law enforcement function and that they arguably fit within that category, but I'm sure there are other people that might have a different opinion about that and perhaps may want to challenge whether a coroner's fee really qualifies under Idaho's development impact fee statute. Those are two -- two just high level examples of areas that have not been -- have not been flushed out in terms of others haven't done it for -- I will say once again that -- I mentioned earlier that to the best of my knowledge there is no other county in Idaho that does this on a countywide basis similar to what Ada county is proposing. That's not a bad thing. Credit to Ada county for being proactive and -- and trying to do good things for their constituents, but I'm also -- I'm not aware and I don't believe there is a fee -- an impact fee in Idaho that's specific to Meridian City Council Work Session December 17,2024 Page 15 of 19 coroners. I think this would be the first of its kind in Idaho. So, again, gives me pause and I want to make sure we are careful and deliberate and in terms of using contract language I really like identification requirements says if we get challenged, the county is going to defend and, you know, carry that water. Simison: And I was going to save my comments, but I think I will jump in, because they kind of fall into that context. I mean, you know, by my personal belief is we have a legislative session coming up and I wish the county would have spent the last two years trying to fix this in state law to get the same authority that ACHD has so that they could charge countywide and/or clarify these issues. So, I might look at my good friend from the county and just take back to his team, I think it's worth a conversation with the state legislature, because I don't think that we are going to get this done in Ada county before the state legislative session is over and why risk it either way? Go to the legislature and get clarification that the EMS is part of it or not. That way, you know, we have confidence in what is ultimately adopted here in the county and -- and why can't you get the same authority that ACHD has to adopt it countywide, where we just, then, are the collectors on your behalf. Those would be things I would encourage you to go back to the good commissioners and encourage them to do that, but at the same time I would also encourage you to decouple the other one and move it forward. Show some good faith that you or the county is committed to impact fees. Don't sit around and wait for everybody else when you are losing out on growth every single day by not having an impact fee in place on the one thing that is only subject to unincorporated. City of Meridian has long supported growth paying for growth, so on a personal level I -- I have no issue with the impact fees and being a partner in the collection, but I think that there are better ways that we could have been using our time to get this -- over the hump and if the legislature is not there for it on either issue, then, I kind of have to say, then, why are we going to do it this way? If the legislature doesn't believe in that approach, then, I have -- I just have some questions, so they would have to be answered on my level. But I support growth paying for growth. I support impact fees. I support the county. But let's have conversations. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I -- I agree with that. I think it's -- it's really a process question and I think if there was a way to clarify the process with the legislature and -- and clarify and have the existing law changed, so that you could function that way, I think it would make the most sense. It feels like this is a -- I think you can kind of tell it's a little bit convoluted and you can tell it's the first time because of this kind of holding hands concept. I'm not against that, but, again, if there is a cleaner way of doing this and a more straightforward way I think it's better for us to try to establish that. Just generally speaking I mean we need jails, we need EMS, we need the coroner. All these things are -- are extremely important. So, you wouldn't get any argument from me on that and I think that growth should pay for growth as well, but I do think it's important to take a look at that and also, you know, take a look at the impact fees. You can -- you can Meridian City Council Work Session December 17,2024 Page 16 of 19 implement those now. I think that's a really productive suggestion and would go a long way in kind of demonstrating that that's the direction that the county wants to go. I'm okay with -- you know, if -- if we get all the way through the process and for some reason, you know, having the legislature clarify and change things isn't a viable path, willing to talk about more, but, yeah, it -- it does sort of feel like that would be a good first step is establishing a better process. It feels very convoluted as a -- as a decision maker to have us review and adopt the CIPs, even if it's kind of indirectly on your behalf, I find that a bit clunky. So, if there is a way to improve that process I -- I definitely recommend that -- that you pursue that. I guess that's my feedback so far. You know, yeah, if -- if -- and, again, if -- if -- if it just for whatever reason can't be accomplished through the legislature I think that's important to just have an honest conversation about that and kind of understand that and it's certainly possible everybody could, you know, continue. It looks like you guys got some feedback for us, Mr. Mayor. Rutherford: Thank you very much for the suggestions. I will say I think it's a constitutional issue. It's the fact that ACHD can -- can collect impact fees is because they are authorized to do their work in your -- in your city and so I can have a side conversation with Bill Nary, but I don't think it's something that the legislature can make happen just by -- by changing the law. They are just a different entity. It's a -- it's a kind of a constitutional powers issue. We are always a little anxious to go to the legislature, because you might get an answer you don't want and we just as soon not lose the authority to get what we have here. But absolutely understand this is a clunky, cumbersome process and it's asking you all to -- to step out on a ledge with us and it's not ideal, but I will take your feedback back to the commissioners and, then, see where we can go from here and I will have conversations with -- with Bill and Kurt about the -- the idea of getting the authority that ACHD has, but I -- but they are just different. Simison: Yeah. But especially on the one that's not clearly articulated in the statute. Rutherford: Yes, sir. Simison: I don't think -- you know, we can be clunky through those if we -- if we can't make those changes, but we don't need to be clunky and risky. Rutherford: Okay. Simison: That's not good for anybody. Rutherford: Yes. Thank you. And I mean, you know, we -- I think we could have a really good discussion about whether the coroner's in or not. I -- I -- I don't have concerns. I know Kurt does. We have had those discussions. I -- I don't share those concerns, so -- but I will carry those back to the commissioners. So, thank you. Simison: Council, any other comments? Okay. All right. Thank you very much. Appreciate you all. Meridian City Council Work Session December 17,2024 Page 17 of 19 19. Shift Differential Policy Discussion Simison: Okay. With that we will move on to Item 19, shift differential policy discussion. Good evening, Debbie. Hoopes: Good afternoon, Mayor and Council. I'm here today to lead the discussion on a new policy. Policy and Procedures 3.4.6, shift differential duties and compensation. This policy is a new addition for the City of Meridian and provides the ability to compensate for shifts outside of what is considered a normal business schedule. As you are aware -- as you are aware operating a 24/7 365 organization presents unique challenges, particularly in hiring and retaining staff for nontraditional hours. After collaborating with the departments affected by shift consideration, the results of our collective efforts is the policy you see before you today. Joining me for this work session to answer any questions are our police chief, our Public Works director, and our Chief Financial Officer. As subject matter experts they will be available to assist in addressing any questions or providing additional clarity. I want to thank you for your time and attention to this discussion. So, with that I assume that everybody's had the chance to look through the policy and we will stand for questions. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for you or our CFO. We build our budget based on a lot of salary assumptions. These assumptions shift and change. Should this policy be enacted with a subsequent budget amendment, follow to cover potential salary changes, or help me understand kind of the -- should this be adopted what the financial flow would look like. Lavoie: Mr. Mayor, Mr. Cavener, normally I would say the answer is we would present a budget amendment for ongoing needs to pay for this ongoing expense. We still can. I don't think the monetary values of need -- for an example wastewater treatment plant, we have a total of seven individuals that we have identified now. We expect that expense to be about 19,000 dollars a year. Divide that by when this becomes implemented and we got what -- implemented January, February, so you got seven, eight months. So, you are talking 10,000 dollars. So, I don't think that's a financial concern on their end, so -- but normally, then, I'm with you a hundred percent. The police department, they have a few more individuals, they are implementing 21 individuals as of last reported and they have an expectation of about 66 and -- so about 90,000 dollars, divide that by, you know, two-thirds, multiply by two-thirds, I apologize, so you are talking 70,000 potential. So, again, I don't think there is a financial concern, but, again, we could, but I think there is going to be enough wiggle room between the salary savings that are in the vacancy positions in the police department to cover theirs and, then, the ten grand is going to be a nonmonetary concern at this moment. But it's a fair question. Meridian City Council Work Session December 17,2024 Page 18 of 19 Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Quick question. On the three percent versus swing -- five percent for night shift, is that -- where did we come up with those numbers? Is that kind of a standard in the industry? Was this something that we thought would help us be competitive with retaining? I'm just kind of curious where we came down with -- with that. Hoopes: The three percent for swing shift is pretty standard and, then, a five percent for grave or the night shift is pretty standard. Not just industrywide, but -- but nationwide. Simison: Council, additional questions, comments? Team, anything that needs to be added from your perspectives? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Not a question, but a comment. Speaking as one who worked many swing shifts and many graveyards for this city, it's important for us to recognize that when we ask our employees to do that we are asking them to be upside down from their families for those periods of time and when you work a four ten shift and you are working graveyard and you are working when they are sleeping, you don't just wake up that next day on your day off and resume your normal life. You end up almost being upside down for the full week, which could be a four month run on those shifts. It's pretty standard in the industry. It's something that I'm really glad to see in front of us now that we can address something. I think it also helps us to stay competitive with other agencies that have already adopted these policies, but I think it's a fair thing to do for the people that we are asking to do those jobs when we are all sleeping at night and I fully support it. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I really appreciate the effort in terms of recruitment and retention as well and agree with those comments that I think it makes really good sense and appreciate everybody's hard work on it to bring this forward. Thank you. 20. Resolution 24-2495: A Resolution of the City Council of the City of Meridian Adding City of Meridian Standard Operating Policy 3.4.6, Regarding Shift Differential Duties and Compensation; and Providing an Effective Date Simison: Okay. Anything further? Okay. Then with that we will move on to Item 20, which is Resolution 24-2495. Ask the clerk to read this resolution by title. Meridian City Council Work Session December 17,2024 Page 19 of 19 Johnson: Thank you, Mr. Mayor. It's a resolution to City Council of the City of Meridian adding City of Meridian Standard Operating Procedure 3.4.6 regarding shift differential duties and compensation and providing an effective date. Simison: Thank you. Council, you have heard this resolution read by title. Is there anybody that would like it read in his entirety? If not, do I have a motion? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, I move that we adopt Resolution 24-2495. Overton: Second. Simison: Have a motion and a second to adopt Resolution 24-2495. Is there discussion on the motion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: ALLAYES. Simison: Thank you very much. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn our work session. 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 5.25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON 1-7-2025 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 3, 2024 City Council Regular Meeting Meridian City Council December 3,2024 Page 30 of 30 Simison: Council, anything under future meeting topics or do I have a motion to adjourn? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Quick reminder before we adjourn. It's Christmas in Meridian. Our Parks Department is doing an exceptional job with so many great events this weekend and this week. Reminder we have got the holiday parade and tree lighting on Friday and I think you all saw the news, Former Council Member Borton, former Parks and Rec Commissioner Sharon Borton, are the grand marshals, like bacon wrapped in asparagus, they are just better together and I'm so happy that they are our Grand Marshal and if we are planning to attend the parade make sure you let Shelly know and we will see those of you that are attending on Friday. With that, Mr. Mayor, I 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: ALLAYES. MEETING ADJOURNED AT 7:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-17-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 12-17-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision Water Main Easement No. 1 (ESMT-2024-0167) ADA COUNTY RECORDER Trent Tripple 2024-071811 BOISE IDAHO Pgs=10 ANGIE STEELE 12/17/2024 04:43 PM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE TM Creek Subdivision Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0167 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this17th day of December 20 24 between Watson Land Holdings LLC and TM Cooley 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 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 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 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. 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 ofany 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. [END OF TEXT; SIGNATURES TO FOLLOW] GRANTOR: Watson Land Holdings LLC an Idaho limited liability company By: Brighton Corporation,an Idaho corporation, a ager By: Robe .Phillips, President STATE OF IDAHO ) :ss. County of Ada ) On thisc 5 day of November, in the year 2024, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of Watson Land Holdings LLC,the Company that executed the instrument orthe person who executed the instrument of behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. (stamp) SHARI VAUGHAN COMMISSION#20181002 Notary Signature NOTARY PUBLIC My Commission Expires: — 3� STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 GRANTOR: TM COOLEY LLC an Idaho limited liability company By:SCS Ma agement LLC,Manager By: ,'' / Michael A. Hall,Presi ent STATE OF IDAHO j :ss. County of Ada ) On this jj day of November, in the year 2024, before me a Notary Public of said State, personally appeared Michael A.Hall,known or identified to me to be the President of SCS Management LLC,the Manager of TM Cooley LLC,the Company that executed the instrument or the person who executed the instrument of behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. (stamp) 9. - - - - - - - - - - - - DONNA WILSON COMMISSION#67674 Notary Signature NOTARY PUBLIC My Commission Expires: STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 12-17-2024 Attest by Chris Johnson, City Clerk 12-17-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-17-2024 (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 Water Main Easement Page 3 Version 01/01/2024 E N G I N E E R I N G November 22, 2024 Project No.: 22-244 TM Creek Subdivision City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian water easement being a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 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 14,which bears N00'35'31"E a distance of 2,656.80 feet from an aluminum cap marking the Center 1/4 corner of said Section 14,thence following the westerly line of said Northwest 1/4 of the Northeast 1/4,S00'35'31"W a distance of 570.27 feet; Thence leaving said westerly line,S89'24'29"E a distance of 190.37 feet to POINT OF BEGINNING 1. Thence N00°35'31"E a distance of 35.00 feet to the boundary of a City of Meridian sewer and water easement recorded as Instrument No. 2023-039783, records of Ada County, Idaho; Thence following said boundary, S89°24'29"E a distance of 2.50 feet to a point hereinafter referred to as Point "A", and the boundary of a City of Meridian sewer and water easement recorded as Instrument No. 2024-063345,records of Ada County, Idaho; Thence leaving the boundary of said City of Meridian sewer and water easement recorded as Instrument No. 2023-039783 and following the boundary of said City of Meridian sewer and water easement recorded as Instrument No. 2024-063345,S00°35'31"W a distance of 35.00 feet; Thence leaving said boundary, N89°24'29"W a distance of 2.50 feet to POINT OF BEGINNING 1. Said parcel contains 88 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence following the boundary of said City of Meridian sewer and water easement recorded as Instrument No. 2023-039783, S89°24'29"E a distance of 15.00 feet to POINT OF BEGINNING 2. Thence following said boundary, S89°24'29"E a distance of 2.50 feet; Thence S00°35'31"W a distance of 35.00 feet; Thence N89°24'29"W a distance of 2.50 feet to the boundary of said City of Meridian sewer and water easement recorded as Instrument No. 2024-063345; Thence following said boundary, N00°35'31"E a distance of 35.00 feet to POINT OF BEGINNING 2. 5725 North Discovery Way• Boise,Idaho 83713• 208.639.6939• kmenglip.com Said parcel contains 88 square feet, more or less. Said description contains a total of 176 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a 12459 0 OF r� •ZZ• � PAGE 2 POINT OF COMMENCEMENT NORTH 1/4 CORNER SECTION 14 FOUND ALUMINUM CAP W. Franklin Rd. I I I CITY OF MERIDIAN SEWER AND WATER EASEMENT PER INSTRUMENT No. 2022-029339 -- - - - - - -- - --- .—. - - CITY OF MERIDIAN o I SEWER AND WATER EASEMENT PER INSTRUMENT No. 2023-039783 of m I S89'24'29"E — ooC6io (ri Mcnv 1 5.0 0' (TIE) N PO8 Zm POINTA L 0 S89'2 4I '29—"E p 7S89'24'2 "E u 2.50' 2.50Lo F) M I - - - - - -- - - - -- - - QO I -- - -- -- Ys CQ 0 Z I gl to of Ig t I �l iM �I I� wi 3 w� i 3 Proposed TM Creek m ? Subdivision No.7 Vi 3 M I I U I I Watson Land Holdings, LLC& o f o 0 l o TM Cooley, LLC POB 1 Z i 10 Z i i vim, 51214212500 I--------- ------- ----------o-� 190.37' w � N89'24'29"W �N89'24'29"W co `3 0 2.50' 2.50' z a CITY OF MERIDIAN CENTER 1/4 CORNER SECTION 14 SEWER AND WATER EASEMENT 3 --FOUND ALUMINUM CAP PER INSTRUMENT No. 2024-063345 z a 0 6 0 20 40 60 am ( N Plan Scale: 1"=20' E N G I N E E R I N G a 5725 NORTH DISCOVERY WAY X BOISE.IDAHO 83713 PHONE(20$639.6939 Exhibit B City of Meridian Water Easement kmeng O.com DATE: November 2024 PROJECT: 22.244 -- 5 TM Creek Subdivision SHEET: 1 OF 1 NW 1/4 NE 1/4 Section 14,T3N, R1W, BM, City of Meridian, Ada County, ID V1 M M h M °o 0o M 0 0 3 Title: P0132 City of Meridian Water Easement 22-244 Date: 11-22-2024 Scale: 1 inch=6 feet I File:Deed Plotter.des Tract 1: 0.002 Acres: 88 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 75 Feet 001=s89.2429e 2.50 003=n89.2429w 2.50 002=s00.353I w 35.00 004=n00.353I a 35.00 u h vi n ^ vi O O C i Title: POB 1 City of Meridian Water Easement 22-244 Date: 11-22-2024 Scale: 1 inch=6 feet I File:Deed Plotter.des Tract 1: 0.002 Acres: 88 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 75 Feet 001T00.353le 35.00 003=s00.3531w 35.00 002=s89.2429e 2.50 004=ng9.2429w 2.50 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Watts Meridian Medical Partners Subdivision Full Release of Sanitary Sewer and Water Main Easement (ESMT-2024-0168) ADA COUNTY RECORDER Trent Tripple 2024-071812 BOISE IDAHO Pgs=7 ANGIE STEELE 12/17/2024 04:43 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2024-0168 Watts Meridian Medical Partners Subdivision FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer & Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated JuIY 10 , 2024 and recorded as Instrument Number 2024-037115 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with. the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 17th day of December,2024. CITY OF MERIDIAN o ert . miso ,Ma or 12-17-2024 � SEAL Attest by C is Johns�y Clerk 12-17-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-17-2024(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY C'Nil�ny q� COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires:_0'8-2028 STATE OF IDAHO Version 01/01/2020 Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-037115 BOISE IDAHO Pgs=6 VICTORIA BAILEY 07/10/2024 10:13 AM Watts Meridian Medical Partners Subdivision CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer&Water Main Easement Number: 01 Identify this Easement by sequential number if the project contains more khan one easement of this type.See instructionsdchecklist for additional information.. For Internal Use Only Record Number: ESMT-2024-0060 SANITARY SEWER ASj ENT THIS Easement Agreement made this 9th day of ul 20 24 between Arthur P. Laos& Carrie Lynn Thomas ("Grantor")and the City oferidian,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 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 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 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 therein violation of this easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any perinarient 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 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 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. GR TOR: IGNTOR: STATE OF IDAHO ) ss County of Ada ) This record w knowledged before me on Li (date) by (name of individual), rnplete the following i signing in a representat'� acity, or strike thefollowing lfsigning in ndividual capacity] on behhl (name of entity on behalf of whh n record was ex ed), in the following representative capacity: �, authorityrl' such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: Sanitary Sewer Easement Page 2 Version 01/01/2024 State of Idaho County of Ada On this 26th day of April, 2024, before me, the undersigned, a Notary Public in and for said state, personally appeared Arthur P. Laos and Carrie Lynn Thomas, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at: Meridian Commission Expires: �5(3l(20 2n MICHELLE TURNER COMMISSION#44409 NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 7-9-2024 Attest by Chris Johnson, City Clerk 7-9-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-92024 (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 Easement Page 3 Version 01/01/2024 EXHIBIT A A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,LOCATED IN THE CITY OF MERIDIAN,ADA COUNTY,IDAHO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHEAST CORNER OF LOT I BLOCK 1, WATTS MERIDIAN MEDICAL PARTNERS SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE S00022'59"E 10.00 FEET; THENCE S89036'37"W 292.47 FEET; THENCE N00023'23"W 20.00 FEET; THENCE N89036'37"E 292.47 FEET; THENCE S00022'59"E 10.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 5,849 SQUARE FEET OR 0.13 ACRES+/- ; E 3 3 \ D..Create 04/18/24 WATTS MERIDIAN MEDICAL D-DB° PARTNERS SUBDIVISION he23-5011*" us1. ENGINEERING AND SURVEYING,I LC SEWER EASEMENT 01 1001 NORTH ROSARIO STREET,SUITE 100 I OF 2 MERIDIAN,IDAHO 83642 PH:(208)974-0075 -.focus-es.com J EXHIBIT B FLATIRON LANE(PRIVATE 30'-WIDE) q 3 3 LOT 1 1 0 4 WATTS MERIDIAN MEDICAL PARTNERS SUBDIVISION POINT OF BEGINNING SO°22'59"E N89°36'37"E 292.47- 10.00, NO°23'23"W-/L - - - - - - - - S89°36'37"W 292.47' - 10.00,59"E 10.00 20.00' LOT 2 N t E S GRAPHIC SCALE 21. (1N FEET) I inch= 60 ft. 7 \ Date C—ted 04/18/24 sin US WATTS MERIDIAN MEDICAL ,PARTNERS SUBDIVISION 23-50" ENGINEERING AND SURVEYING,LLC SEWER EASEMENT 01 1001 NORTH ROSARIO STREET,SUITE 100 � �I" MERIDIAN,IDAHO 83642 PH:(208)974-0075 w—focus-es.com E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Watts Meridian Medical Partners Subdivision Release of Water Main Easement (ESMT-2024-0169) ADA COUNTY RECORDER Trent Tripple 2024-071813 BOISE IDAHO Pgs=7 ANGIE STEELE 12/17/2024 04:44 PM Watts Meridian Medical partners Subdivision CITY OF MERIDIAN, IDAHO NO FEE ESMT-2024-0169 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated MY 10 , 2024 and recorded as Instrument Number 2024-037116 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 17th day of December 2024. CITY OF MERIDIAN Robert E. Si l n' Mayor 12-17-2024 �F Art e f y Chr ohns�`` "Clerk 12-17-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-17-2024(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. C HARLE N E WAY Cha&ycWM COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expire'. 3-28-2028 STATE OF IDAHO Version 01/01/2020 Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-0371 1 6 Watts Meridian Medical Partners Subdivision BOISE IDAHO Pgs=6 VICTORIA BAILEY 07/10/2024 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 01 .........Identify this Easement by sequential number if the project contains more than one. easement of this type.See instructionsleheckli` nal information. For Internal Use Only Record Number: ESMT-2024-0061 WATER MAIN EASEMENT THIS Easement Agreement made this 9th day of My 4_20 24 between Arthur P.Laos&Carrie Lynn Thomas ("Grantor")and the City of Meridian,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 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 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 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 ofthis 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 sould 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 1 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 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 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: GRANTOR: STATE O AHO ) ss County of Ada ) This record was acknowle d before me on _(dat (name of individual), [complete allowing l signin a representative capacity, or strike the following if signing in an indivi I capaci on behalf of (name of entity on behalf of whom recor as executed), in the following representative capacity: _(type o shorty such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: Water Main Easement Page 2 Version 01/01/2024 State of Idaho County of Ada On this 26th day of April, 2024, before me, the undersigned, a Notary Public in and for said state, personally appeared Arthur P. Laos and Carrie Lynn Thomas, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at: Meridian Commission Expires: 202.'1 MICHELLE TURNER COMMISSION#444409 NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-9-2024 Attest by Chris Johnson, City Clerk 7_9_2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on _7=9-2024 (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 Water Main Easement Page 3 Version O1/01/2024 EXHIBIT A A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, LOCATED IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF LOT 2 BLOCK 1, WATTS MERIDIAN MEDICAL PARTNERS SUBDIVISION; THENCE N89036'37"E 133.31 FEET; THENCE N00°00'00"E 28.91 FEET, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00023'23"W 64.98 FEET; THENCE S89036'37"W 3.50 FEET; THENCE N00023'23"W 20.00 FEET; THENCE N89036'37"E 27.45 FEET; THENCE S00023'58"E 11.43 FEET; THENCE N89036'37"E 84.67 FEET; THENCE N00023'23"W 190.21 FEET; THENCE N89036'37"E 20.00 FEET; THENCE S00023'23"E 210.21 FEET; THENCE S89036'37"W 108.62 FEET; THENCE S00023'23"E 53.55 FEET; THENCE S89036'37"W 20.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 7,791 SQUARE FEET OR 0.18 ACRES+/- 3 3 0 a n 3 a, \ D..Create: o 04/18/24 TT WATTS MERIDIAN MEDICAL iob^=6° t lJ PARTNERS SUBDIVISION she23-5011 ENGINEERING AND SURVEYING,LLC 1001 NORTH ROSARIO STREET,SUITE 100 WATER EASEMENT 01 1 OF 2 MERIDIAN,IDAHO 83642 PH:(208)974-0075 -.focus-es.com J EXHIBIT B FLATIRON LANE(PRIVATE 30'-WIDE) N89°36'37"E 20.00' I a� NI a N I W LOT 1 o I IN z1 I WATTS MERIDIAN MEDICAL PARTNERS SUBDIVISION N89°36'37"E SO°23'58"E 27.45' 11.43' NO°23'23"W r N89036'37"E_84.67J 20.00' — — — — S89°36'37"W — — J LOT 2 3.50' I S89 3637 W 108.62 NO°23'23'W—/� I SO°23'23"E 64.98' 1 53.55' POINT OF BEGINNING '37"W 20,00' NO°00'00"E 20.00' N89°36'37"E 133.31' _ 28 91' N E S 3 0 a GRAPHIC SCALE (IN FEET) 1 inch= 60 ft. 3 \ D..Created: .111114 sca e: �C us WATTS MERIDIAN MEDICAL obi^ RPARTNERS SUBDIVISION hc23-5011 ENGINEERING AND SURVEYING, WATER EASEMENT 01 1001 NORTH ROSARIO STREET,SUITE 100 2 �F 2 N MERIDIAN,IDAHO 83642 PH:(208)974-0075 -.focus-es.com E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Watts Meridian Medical Partners Subdivision Full Release of Water Main Easement (ESMT-2024-0170) ADA COUNTY RECORDER Trent Tripple 2024-071814 BOISE IDAHO Pgs=7 ANGIE STEELE 12/17/2024 04:45 PM CITY OF MERIDIAN, IDAHO NO FEE Watts Meridian Medical Partners Subdivision ESMT-2024-0170 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated July 10 , 2024 and recorded as Instrument Number 2024-037117 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements herein above referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 17th day of December 2024. CITY OF MERIDIAN Robert E. Simis n, 12-17-2024 � SEAL Attest by Ch is Johnson, ity Clerk 12-17-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-17-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Na&ycWM CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expi 's 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 ---------Project Name or Subdivision Name: ................................................ ADA COUNTY RECORDER Trent Tripple 2024-037117 ....... s Watts Meridian Medical Partners Subdivision BOISE IDAHO P 9 =6 VICTORIA BAILEY 07/10/2024 10:14 AM --........... CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 02 _. Identify this Easement by sequential number ifthe project contains more than one ................ easement of this type,See instructionsfchecklis@ `'onaf information, For Internal Use Only ESMT-2024-0062 Record Number: WATER MAINEASEMENT TI4IS Eas-.mentAgrc;c;mvnt t,,'ade this 9th dayof July 20 24 between Arthur P. Laos& Carrie Lynn Thomas ("Grantor")and the City oferidian,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 i 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 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 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 night-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 perfo ing 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 therein violation ofthis 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 1 ' : 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: GRANTOR: dao, �L STATE OF IDAHO ) ) ss County of Ada ) This record was ac ledged before me on (date)by (name of individual), [cars ltefallowing l signing in a t•epre ative capacity, or strike the following 17sighing in an indivr 1 capacity) on b of (name of entity on behalf of whom recur S e ed), in the following representative capacity: (t ority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires: Water Main Easement Page 2 Version 01/01/2024 State of Idaho County of Ada On this 26th day of April, 2024, before me, the undersigned, a Notary Public in and for said state, personally appeared Arthur P. Laos and Carrie Lynn Thomas, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Idaho Residing at: Meridian Commission Expires: �/31 l 20 2-I MICHELLE TURNER COMMISSION#44409 NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-9-2024 Attest by Chris Johnson, City Clerk 7-9-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-9-2024 (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 Water Main Easement Page 3 Version 01/01/2024 EXHIBIT A A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, LOCATED IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF LOT 1 BLOCK 1, WATTS MERIDIAN MEDICAL PARTNERS SUBDIVISION; THENCE S89014'37"E 88.75 FEET; THENCE S00°00'00"E 13.05 FEET, SAID POINT BEING THE POINT OF BEGINNING; THENCE S89002'18"E 30.00 FEET; THENCE S00057'42"W 28.42 FEET; THENCE N89002'18"W 30.00 FEET; THENCE N00057'42"E 28.42 FEET TO THE POINT OF BEGINNING. CONTAINS: 853 SQUARE FEET OR 0.02 ACRES+/- END OF DESCRIPTION. 3 E 3 0 a 3 A \ D..Created: o 04/18/24 11 USWATTS MERIDIAN MEDICAL obN/A PARTNERS SUBDIVISION she23-50111. ENGINEERING AND SURVEYING,LLC 1001 NORTH ROSARIO STREET,SUITE 100 WATER EASEMENT 02 1 OF 2 MERIDIAN,IDAHO 83642 PH:(208)974-0075 -.focus-es.com J EXHIBIT B FLATIRON LANE(PRIVATE 30'-WIDE) SO°00'00"E 13.05' S89°02'18"E S89°14'37"El 30.00' 88.75' POINT OF BEGINNING L -1 28.42'42"w 8.42 3 NO°5T42"E IN89°02'18"W 28.42' 30.00' va LOT 1 WATTS MERIDIAN MEDICAL PARTNERS SUBDIVISION LOT 2 N 3 E S 3 a GRAPHIC SCALE 21. (IN FEET) I inch= 60 ft. 3 Date C—ted 04/18/24 - WATTS MERIDIAN MEDICAL ,nt° DR —G L US 23-501 I PARTNERS SUBDIVISION _ ENGINEERING AND SURVEYING,LLC WATER EASEMENT 02 1001 NORTH ROSARIO STREET,SUITE 100 2 0I" MERIDIAN,IDAHO 83642 PH:(208)974-0075 w—focus-es.com E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Calvery Chapel Sanitary Sewer and Water Main Easement Partial Release (ESMT-2024-0171) Calvery Chapel ADA COUNTY RECORDER Trent Tripple 2024-071810 BOISE IDAHO Pgs=3 ANGIE STEELE 12/17/2024 04:43 PM ESMT-2024-0171 CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: Sanitary Sewer and Water GRANTEE: CITY OF MERIDIAN GRANTORS: Ten Mile Center, LLC , INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated September 19 , 2007 and recorded as Instrument Number 108022167 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation("the Easement"),upon the real property legally described therein. WHEREAS,the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B,attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this_17th day of_December 24. CITY OF MERIDIAN Robert E. Slmis , � SEAL Attest by C ris Johnson,City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-17-2024 by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY Cha&ycWM COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires:_3-28-2028 STATE OF IDAHO Version 01/01/2020 � a 0 0 DAVID EVANS ANDASSOCIATES INC. November 20, 2024 EASEMENT VACATION LEGAL DESCRIPTION A strip of land in the northeast corner of Lot 4, Block 2, of McNelis Subdivision, as recorded in Book 100 of Plats, Pages 13082 - 13084, records of Ada County, Idaho, said strip of land being a portion of "Easement P" as described in Instrument 108022167, records of Ada County, Idaho, being located in the SE 1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the corner common to Sections 2 and 3, T.3N., R.1 W. and Sections 34 and 35, TAN., R.1W., B.M.; thence along the east boundary of said Section 34, A) North 00°1T35" East, 717.16 feet; thence leaving said east boundary, B) North 89042'25" West, 664.67 feet to a point on the westerly right-of-way of West Nelis Drive; thence leaving said westerly right-of-way, C) North 30016'03" West, 30.78 feet; thence, D) Along a non-tangent curve to the right, a distance of 24.45 feet (said curve having a radius of 457.00 feet and a long chord bearing North 48045'46" East, 24.45 feet); thence, E) North 30°16'03" West, 297.01 feet; thence, F) South 59043'57" West, 20.00 feet; thence, G) North 30°16'03" West, 51.00 feet; thence, H) North 86'51'15" West, 174.18 feet to the POINT OF BEGINNING; thence, 1) South 00001'19" East, 40.06 feet; thence, 2) North 86051'15" West, 23.04 feet; thence, 3) North 00°01'19" West, 40.06 feet; thence, 4) South 86051'15" East, 23.04 feet to the POINT OF BEGINNING. CONTAINING 922 square feet, more or less. L A_ND r 10559 11120124 �0 fR r C g P 9175 W. Black Eagle Drive, Boise,Idaho 83709 208.900.9049 www.deainc.com Page 1 of 2 11/20/2024 1:24 PM Gilbert Bailey P:\N\NDAREVST2203\06001NFO\SV\0699SurveyLegalDescriptions\Easement Vacation Exhibit.dwg "EASEMENT P"AS DESCRIBED IN INSTRUMENT NO. 108022167, ADA COUNTY RECORDS PORTION OF "EASEMENT P" TO VACATE POINT OF � BEGINNING -- S 00'01'19"E 40.06' / S 86°51'15"E 23.04' �j/ N 00-0119"W 40.06' BLOCK 2 r N 86-51-15"W 23.04' N 86'51'15"W 174.18' N 30°16'03"'W 51.00' S 59°43'57"W 20.00' \� J N 30°16'03OW 297.01'— 4 Z N 89°42'25"W 664.67' Z N 30'16'03"W 30.78' A P/L P/L PAL BLOCK 1 O ` O � LLI > `r ® LPL-LANo J �� `S S�, w CURVE C1 ("C8", INSTRUMENT NO. 10822167) �G M RADIUS: 457.00' DELTA: 03°03'55" m o ARC LENGTH: 24.45' Z 1 0 5 5 9 Z TANGENT: 12.23' kn CHORD LENGTH: 24.45' 11120124 -ram CHORD BEARING: N.48°45'46"E. OF Q£R T C . e A` TAN., RAW. W. USTICK RD. 34 35 T.3N., RAW. 3 2 DSGN: JF W- F CALVARY CHAPEL DRWN: JF LOT 4, BLOCK 2 OF MCNELIS SUBDIVISION APVD: GCBA DATE: 11-20-2024 DAVID EVANS ANDASSOCIATES INC. EASEMENT VACATION EXHIBIT 917B D w Black Eagle Dr. LOCATED IN THE SE 1/4 OF SECTION 34, Page 2 of 2 208.900.9049 TAN., RAW.,B.M.,MERIDIAN,ADA COUNTY,IDAHO E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Alexander's Landing Subdivision (FP-2024-0023) by KB Homes, located at 4574 W. Quarterhorse Ln. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 12/17/2024 Legend - DATE: Project Location TO: Mayor&City Council ::: Area of impact _ *- I 4. City Limits FROM: Nick Napoli,Associate Planner O Analysis 1 208-884-5533 1 I SUBJECT: Alexanders Landing FP-2024-0023 B -, LOCATION: 4574 W. Quarterhorse Lane near the Southeast corner of W. Pine Avenue and Black Cat Road., in the NW 1/4 of the SW %4 of Section 10, T.3N.,R.1W. y I. PROJECT DESCRIPTION Final Plat consisting of 24 residential building lots and three(3)common lots on approximately 5.15 acres of land in the R-8 zoning district by KB Homes. II. APPLICANT INFORMATION A. Applicant: Sabrina Durtschi,KB Homes— 1414 W. Bannock Street,Boise, ID 83702 B. Owner: Sabrina Durtschi,KB Homes— 1299 N. Orchard Street,Boise,ID 83706 C. Representative: Same as applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0084)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-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 has increased,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 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: 11/02/22) dL�Y6[�i9�i�1[{C 9118GLYLYIQt7 �a ! _ — r eaeeurcr firm ME FORM.* crier r w,wa - •i7A��� ���� � � � PL4N SHEET IN 6EX F L L Mi AL- 3 P�-4 8p4T TPRE' Q C L 8 ----- ---- � - �� W -_- < --_ IL B. Final Plat(dated: 10/11/24) Plet Siwwlnq AlexitOers Larjdlr&Subdit ision y� Sn.eted„ tee knrtnwaet t{i Cif the Sduthweet 1/4 aT So&km 4A f� ----------lr----- ---� Te"O:� 3 ke*,Reege T Wnt. Bax M-fdl... Clt0 M Metidlani ou,County. Iaaho. W l l s tiJ L,�_ _J Lam,. WMA lim �•••'`� �}R ,+�. MHil.l lei IN^'A 4=-- rx�nw • ; .Mi w�oaia+�i�4w+ • �} 1". -� n • -— .�.�T_ I,�d� a :..�:i..H.o.r. 1*f9 r uw a i�•o:.iw u a,e aw so'----- ISO t ar ha n-ew SURVEY ae• - F GROUP.uC Page 3 o�s�a 47 'J�■ fir:'UP e �a�a OEM gas fPC fl .•- a H L J 'N MEMO J ail ............ -V;2 W.'WW L150 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2022-0084 and DA Inst#2024-0002091 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the preliminary plat findings on May 2',2025 as set forth in UDC I 1-613-7 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,the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.13 prepared by Idaho Survey Group LLC., stamped on 10/11/2024 by Cody McCammon, shall be revised as follows: - Include a note and recorded instrument number for the 14-foot wide public pedestrian easement on the plat. 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 09/10/24, is approved as shown. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. Page 5 7. Prior to the City Engineer's signature on the final plat, the non-conformity of the home shall be remedied to meet the off-street parking regulations. 8. All fencing shall comply with the standards of UDC 11-3A-7C. 9. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 10. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement(inst. #2024-000209). 11. 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.Peterson@usps.gov for more information. 12. The existing home on Lot 1,Block 2 shall connect to City utilities within 60 days of it becoming available and disconnect from private services,as set forth in MCC 9-1-4 and 9-4-8. 13. Prior to the first certificate of occupancy a performance surety shall be entered into for the landscaping of the temporary turnaround once it has been removed from the common open space. 14. 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. Public Works wastewater + Distance to Sewer Sewer Avaf lable at Site 5ervire5 + Sewer Shed Estimated Project See appllcation Sewer ERU's r WERF E]eclIning Balance + Project Cornisterrt Yes with WW Master Plan/Facility Plan rrrpacts{corwerns + + See Publle Works Slte Specific Conditions WaUr + Distance to Water Water Avail abie at Site Services + Pressure lone + Estimated Project 5eeapplicatian Watet ERU's + 1WaterQuality None + Project Consistent Yes with Water Master Plan s ImpactsfCvncermg None SITE SPECIFIC CONDITJONS, 1. Ensurer no scwcr scTviecs pass ghrough infl ltralion trenches. 2_ Provide 2(r Easements for mains.hydrant laterals and water sere ices.Easements should extend up to the end of rnai"vdranOwaier meter and 10'beyond ii.W wor requires a 2(Y easement with main Ventert!d in the middle_ Sewer and wftter in parallel require a 31Y mmcnle l swish 10' srpuratitrn between mains and edge of pxv�mcni and l fY scp mion betwccri mains. 3_ Infi ltration trenches cannot be within a Utility Easement.Ensure no sewer services pass through lniYtratlon trenches. 4. Ne permanent stnL',A=& {trees, bushes, buildings, cmpprts, hash reCep=h] walla, rVnC45, infiltration venchcs,lighl polca,ctc.)to be built within the utility casement, GENERAL CONti' DONS; I_ San itary sewer S iee 1p tans develppment is ar�6lable via extension of existing mtiiri5 adjXCLT3l to the development.The applicant shall install mains to and throuSh this siibditiision,applicant 5ha11 Page 7 coordinate mart size and routing with ilm Public Works Department,and execute standard J')nus of easements for any mains that are required to provide service_ Minimum cover over sewer utaitts is three klet,if Cover from top of pipe to sub-grudc is hnn than three feet than alWrnwc miaLorials shall be used in conformance of City of Meridian Public Works Departments SlandOO Specifications- 2- Water service to this site is available via extension of existing mains adjacent to the developmem. Thu applicatnL shall be ruspQn.�ible to install wwr mains to and throuo this development, coordinate main size and muting wilh Publ is Works, 3. Al improvements related io public life,safety and healt1i shall be completed pnorto occupancy of the sinicturos. Where approved by the City Engineer.an owner may post a performance surety For such irnpintic7ltCnts in prdt r to obtain[iiy Engineer signuiurc On the Fine]pint at5 set Fprlh in UDC 11-Str-3B. 4_ Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a wriiien cenificate ofconnpleiion as set forth in UDC 11-3B-14A. S. A lcticrof credit orcash surety in the amount of 1 WA will be required for all incomplete fencing, landscaping,amenities,presstmzed irrigation,prior 10 signature on the final plat. 6_ The City of Meridian requires thai ikte owner past with the City a performance surety in the amount of 125%of the total con5tmrlian cost for all incomplete SCwer. water inFrsstruaure prior to Final plat signmum.This surety will be vrrifird by u line item co%estimate provid4�d by Lhe owner io the City. 'nc applicant shall be rcquitud to-color into a Uevclopment Surety Agreement wilh IN City of Meridian.The surety can be posted in the farm of an irrevocable letter of credit,cash dk posil or band_ Applicant most file an application for suurety, which can be found on tale C'onlnuknlly Development Department website_ Please contact Land Development Service fot more information jt 887-221 1. 7_ The City of Meridian requirt:s that the owner post to the City a warranty surely in the amount of 2W.of the total mislruetion oast for all completed sorer,and water infrastructure fat'a duration oftwo years_This surety amount will be verified by a line item final cost invoicing provided by the owner to the City_ The surety can br pasted in the Harm of an im%gxable letter of erudit, ¢ash deposit or bond, Applico-mt Fnmsi ftic an applicutinn for surety, which can be Found on the Community pevcloprocnt D+cmn;ncni wcbsity. Plcose wni.wt Lind development Scrvicc for more informRlion at 98 7-22 1 1. $_ In the event that an applicant andlor ownrr cannot epmplew non-life,coon-safety and nun-health improvome s,prior w City Engineer si!nawrr on the ftnttl plat and;or prior to aeeupimcy,9 sak iv agrmmcnt may be approved w set forth in UDC J 9_ Applirant shall be required io pay Public Works development plan review, and eonsiruction inspection fees, as determined during the plan review process, prior to the issuance or a plan approval letter. 10_ It shall be the responsibility ofthc applicot to ensure that all development features comply with the Americans with Disabilities Act and the Fair dousing Act. 11_ Applicant shall br vesponsible for applirmtiC and compliance with any Sootier 404 Punli4kiaig 11cm may br required by the Army Carps of Engincrrs, 12_ Developer shall coordinate mailboA locations with the Meridian Post OtTice_ 13. Al grading of the site shall be prrFiwma in conformance with NICC I 1-1-4I3. 14_ Compaction test msulls shall be submitted to the Meridian Building 13epanrncw for AI building pads receiving engineered backfil I_where Footing wmild sit atop F11 material_ I5_ The engineer shall be required to certify thai Use street centerline elewatiom are set a minimum of 3-feet above die highest established peak groundwater elevation_ This is to ensues:that Iltc bottani clevft ion of the crawl Spares of hamn�-is at least l-fuot stove. 16. '1-he applicants design engineer shall be responsible for inspection of all irrigation andlox drpirtpgc Facility within this project that do not fall under the jurisdiction¢Fan irrigation district or AC li D. The design engineer sball provide certificaiion that the facilities have been insialled in accordo nee With the approved design plans.This urnifeatipn will be kgruind before a rtmifiow ofoccuFaancy is issuc4 for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City ofMeridianAutoCAD sundards_ These record drawingsrnust be moeiyed andappraved prior to the imusnur of a ccrtifiaLion of0rr LLJKMry fbr any st ucturCs within the prolo' 18, Strcct light plan mqui„cmcnts am listed in section 6-7 of the Improvement Standards For Street Lighting Ihup=+r"ww+;•_mciidiancicy_argfpublic_works,aspx?id�Z721_ All street lights shali oc installed at developer's expense. Final design shall be submitted as part ofthe development plan set far approval, which mtist ineladc the bacatim of any existing stwt IiBht%. The contractor's work and rnalerial% shall vQnfurm to the ISPWCC aad the City of Meridian :$upplonivnial Specifications to the ISPWC.Contact the City ofMcridian Trmrsportation and Utility Coordinator at M-55U[1 forinfbnuation on the io-catiorts of existing slreel 1ighling_ 14_ The applicant shall provide easemeni(s)for al l public walum'sewer mains outside of public right of way (melude all water Services and hydrants). Th,t•easement width%shall be 20L-feet wick For a single utility,orXfcrt Ride for two. The cascmcnts shall not be dedicated via the plat,but rathtrr dedicated outside the plat process using the City of Mcridian's s vndard farms.The casamant 0011 be graphically depicted an the plat for reference purposes. Submit an executed easement(on the form available frwn Public Works),a legal description prepmd by-an Idaho Licensed Profculoozl Land Strnyeyor,which mtrSt inrludr the=a.of the:rwmem(markt4 EXHIBIT A)and an 81 Y2"x 1]" map with bearin-s and distances (forked EXHIBIT B) for review. Both exhibits rrtwt be scaled,signed and dated by a Professional land Surveyor, DO NOT RECORD. Add a note to the plat referencing this document, All eascrucum must be submitted,reviewed•and approved prior to SIguauue of the find plat by the City Engineer, 20. AppliQaHL Shall be rrSponsiblc for application and Compliance with and NPDES permitting that may be required by the FnwiTonrocnial Protection Agency, 21_ Any wells that will trot eontiow to be used musi be properly abandoned according io Idaho Well Cc msitnaction Standards Rules administered by the Idaho I)Lparsmeni of Waier Resoames_ The Ehvrloper's Engineer shall provide a statement sddw-ring whether there are any existing wells in the dcvcbvpntcatt, and if so, how they will oantinuc tv be used, or providc record of their abandonment. 22_ Any existing septic systems within this proleci shall be removed from sc"Lce per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Depanmem far sbundonni nt proCcduws snd inspections. 23_ The City of Meridian requires that pressmiaed irrigation systems be supplied by a your-round source of water(UDC I I-3B-6_). The applicani should be required to use any existing iurfate or well water for the primary Source_ If s sutfstce nr well sOttrce is not available, a singic-paint epnneotirm to the culinary wAt4;r syst4;m shall he required_ Ifa%inalle-paint connection im utilized, the developer will be rcapvnsible for the payment of assessments for the common areas prior to development plan approval_ 24_ All irrigation ditches_ canals, laterals, or drains, exclusive of natural waterways, intersecting. Page 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Addison Circle Subdivision (H-2024- 0040) by Centurion Engineers, Inc., located at 4635 N. Black Cat Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Annexation of 1.87-Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Seven(7)Building Lots and One(1) Common Lot on 1.87-Acres of Land for Addison Circle Subdivision,by Centurion Engineers,Inc. Case No(s). H-2024-0040 For the City Council Hearing Date of: December 10,2024(Findings on December 17,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 10, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 10,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 10, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 10, 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 December 10,2024, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ADDISON CIRCLE AZ PP H-2024-0040 - I - 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 annexation&zoning and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 10,2024, 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 11-6B-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 11-613-713). 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 11- 613-7C). 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ADDISON CIRCLE AZ PP H-2024-0040 -2- 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 § 67-652 1(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 §§ 67-652 1(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 December 10,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ADDISON CIRCLE AZ PP H-2024-0040 -3- 17th By action of the City Council at its regular meeting held on the day of December 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-17-2024 Attest: Chris Johnson 12-17-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 12-17-2024 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ADDISON CIRCLE AZ PP H-2024-0040 -4- EXHIBIT A COMMUNITY DEVELOPMENT C��fEDEPARTMENT REPORT HEARING 12/10/2024 LLL@ DATE: TO: Mayor& City Council ® I FROM: Sonya Allen,Associate Planneri1 '' 208-884-5533 sallen@meridiancity.org APPLICANT: David Crawford, Centurion Engineers, Inc. SUBJECT: H 2O24 0040 Legends j Addison Circle Subdivision Project Location _______; i Area of Impact ;^ LOCATION: 4535 N. Black Cat Rd. in the NE 1/4 of City Limits ---- - Section 33,TAN.,R.1W. (Parcel O Analysis #SO433110460) 1. PROJECT OVERVIEW A. Summary Annexation of 1.87-acres of land with an R-8 zoning district; and preliminary plat consisting of seven(7)building lots and one (1)common lot on 1.87-acres of land. B. Issues/Waivers Council approval of the dead-end street is required as it exceeds the maximum length standard in UDC 11-6C-3B.4a of 500-feet at 545-feet. C. Recommendation Staff: Approval with the conditions in Section IV below. Commission: Approval as recommended by Staff D. Decision City Council: Approved City of Meridian I Department Report 1. Project Overview 11. COMMUNITY METRICS Table 1•Land Use Description Details Map Ref. Existing Land Use(s) Vacant/undeveloped - Proposed Land Uses Single-family residential - Existing Zoning RUT in Ada County VILA.2 Proposed Zoning R-8 (Medium Density Residential) Adopted FLUM Designation Medium Density Residential(MDR) VILA.3 Table 2: Process Facts Description Details Preapplication Meeting date 8/14/2024 Neighborhood Meeting 6/24/2024 Site posting date 10/1/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District Error! Reference source not found. • Comments Received Yes - • Commission Action Required No - • Access W. Torana St.,a local street - Meridian Fire No comments received Meridian Police No comments received Error! Reference source not found. Meridian Public Works Wastewater • Distance to Mainline Available at site • Impacts or Concerns See Public Works site specific conditions Meridian Public Works Water • Distance to Mainline Available at site • Impacts or Concerns None—ensure no trees are located within 10'of the water meter. School District(s) No comments received Note: See section IV. City/Agency Comments &Conditions for comments received. City of Meridian I Department Report 11. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject property is currently zoned RUT in Ada County and designated as Medium Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the City's Comprehensive Plan. The MDR designation allows for dwellings units at gross densities of three(3)to eight(8) dwelling units per acre. The Applicant proposes to annex the property into the City with R-8 zoning and subdivide it into seven(7)building lots for the development of single-family residential detached homes at a gross density of 3.74 units per acre consistent with the use and density desired in the MDR designation in the Comprehensive Plan. The proposed R-8 zoning is consistent with the zoning of adjacent surrounding properties, also zoned R-8. Staff recommends a Development Agreement(DA)is required as a provision of annexation that includes the provisions in Section IV. Lots in the proposed subdivision range in size from 4,399 to 7,157 square feet(s.f.)with homes ranging in size from 1,872 to 2,265 s.f. The subject property is an enclave, surrounded by City annexed land on the abutting three(3) sides. Comprehensive Plan policy#3.03.01E encourages infill development. Table 4:Proiect Overview Description Details History None Phasing Plan 1 phase Residential Units (7)single-family detached units Open Space None required Amenities None required Physical Features None Acreage 1.87-acres Lots 7 building/1 common Density 3.74 units/acre(gross) B. History None C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There is an existing home and accessory structures on the site that will be removed with development. These structures are required to be removed prior to the City Engineer's signature on the final plat. The existing well is required to be abandoned; proof of abandonment must be provided to the City Public Works Department. The well may be used for pressurized irrigation purposes. 2. Proposed Use Analysis (UDC 11-2): The proposed single-family residential detached dwellings are listed as a principal permitted in the R-8 zoning district,per UDC Table 11-2A-2. 3. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. City of Meridian I Department Report 111. Staff Analysis The proposed lots comply with the minimum property size standard of 4,000 s.£ and the minimum street frontage of 40-feet.Future structures on the proposed lots must comply with the minimum setback requirements and maximum building height for the district. The proposed development is consistent with Comprehensive Plan policy#3.03.04B: `Ensure existing county enclaves provide necessary urban-level transportation and utility infrastructure as part of the annexation process." D. Design Standards Analysis 1. Qualified Open Space&Amenities (Comp Plan, UDC 11-3G): Because the site is below five(5) acres in size, it's exempt from the common open space and site amenity standards listed in UDC 11-3G. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets A minimum 25-foot wide street buffer is required along N. Black Cat Rd., an arterial street, landscaped with a variety of trees, shrubs, lawn or other vegetative groundcover as set forth in UDC 11-313-7C. The buffer should be measured from the ultimate back of curb location as anticipated by ACHD. Calculations should be included on a revised landscape plan that demonstrates compliance with the required standards. If the unimproved street right-of-way is ten (10)feet or greater from the edge of pavement to edge of sidewalk or property line,the developer is required to maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover; landscaping improvements within the right-of-way shall require a license agreement between the property owner and the transportation authority per UDC 11-3B-7C.5. ii. Tree preservation Existing trees 4-inch caliper or greater that are removed from the site during development may require mitigation(see UDC 11-3B-10 for more information). There are some large existing deciduous and coniferous trees on the site around the existing home that will likely need to be removed with development.1flelude mitigation information and ealeulations on the A revised landscape plan was submitted, along with a tree health assessment letter,that notes a total of 99.5 caliper inches of trees are required for mitigation that demonstrates compliance with the standards in UDC 11-3B-10.C.5. iii. Storm integration Stormwater integration is required in accord with the standards listed in UDC 11-3B- 11C. A Geotechnical Investigation report was submitted with this application. iv. Pathway landscaping No pathways are proposed;however, Staff recommends a micro-path connection is provided between the sidewalks along W.Torano Ct. and N.Black Cat Rd.,which requires a minimum 5-foot wide strip of landscaping along each side of the pathway with landscaping in accord with the standards listed in UDC 11-3B-12C.Include calculations that demonstrate compliance with the required standards. 3. Parking (UDC 11-3C): i. Residential parking analysis City of Meridian I Department Report III. Staff Analysis Off-street vehicle parking is required to be provided for residential uses based on the number of bedrooms per unit(see UDC Table 11-3C-6 for more information). On-street vehicle parking is also available as extra parking to serve residents and guests. 4. Building Elevations (Comp Plan,Architectural Standards Manual): Three(3)color conceptual building elevations were submitted for the proposed single-family detached structures within the development as shown in Section VII.G. Building materials are proposed to consist of a mix of horizontal cottage lap,vertical board&batten and shake lap hardi-board siding with stone and brick wainscot accents and 30-year architectural shingles. Design review is not required for single-family detached structures; however,because structures on Lots 3 and 5,Block 1 will be highly visible from N.Black Cat Rd.,an arterial street, Staff does recommend that the sides of homes on these lots 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. 5. Fencing (UDC 11-3A-6, 11-3A-7): Existing fencing is depicted on the landscape plan;new fencing is not depicted. The UDC (11-3A-7A.7)requires the developer to construct fencing abutting pathways and common open space lots to distinguish common from private areas. Therefore,fencing should be depicted on a revised landscape plan along the back side of the street buffer along N. Black Cat Rd.and along the northern and southern property boundaries adjacent to common open space in adjacent developments if the existing fencing is removed,in accord with the standards in UDC 11-3A-7A. 6. Parkways (Comp Plan, UDC 11-3A-17): Parkways are not proposed within the development,nor are they required. The proposed development is consistent with the following Comprehensive Plan policies: • #2.02.02C: Support infill development that does not negatively impact the abutting, existing development. • #2.02.02F:Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction. • #3.07.01C:Require appropriate landscaping, buffers, and noise mitigation with new development along transportation corridors (setback, vegetation, low walls, berms, etc.). E. Transportation Analysis The following information on planned improvements in the area and level of service planning thresholds for Black Cat Rd. is from the ACHD report: City of Meridian I Department Report 111. Staff Analysis ACHD Planned Improvements 1. Capital Improvements Plan (CIP)!Integrated Five Year Work Plan (IFYWP): • The intersection of Black Cat Road and McMillan Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout with 2-lanes on the north leg, 2-lanes on the south, 1-lane east, and 1-lane on the west leg in 2028. • Black Cat Road and Bridge#1394 is scheduled in the IFYWP to be reconstructed and widened in 2028. • Black Cat Road is listed in the CIP to be widened to 5-lanes from Ustick Road to McMillan Road between 2031 and 2035. • McMillan Road is listed in the CIP to be widened to 3-lanes from Black Cat Road to Ten Mile Road between 2031 and 2035. • McMillan Road is listed in the CIP to be widened to 3-lanes from McDermott Road to Black Cat Road between 2036 and 2040. Level of Service Planning Thresholds 1. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Black Cat Road 312-feet Minor Arterial 471 Better than"E" **Torana Street 50-feet Local NIA N/A *Acceptable level of service for a two-lane minor arterial is"E"(575 VPH). **ACHD does not set level of service thresholds for local streets. ACHD is requiring additional right-of-way(ROW)to be dedicated for the expansion of N. Black Cat Rd.,totaling 50-feet from the centerline of the road abutting the site. A Traffic Impact Study was not required. Public transit is not available to this site. 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Access is proposed via the extension of W. Torana St., an existing local stub street, at the west boundary of the site; direct access is not proposed or allowed via N. Black Cat Rd. 2. Multiuse Pathways (UDC 11-3A-5): No multi-use pathways are proposed, and none are required per the Pathways Master Plan. 3. Pathways (Comp Plan, UDC 11-3A-8): No pathways are proposed;however, Staff recommends a sidewalk connection is provided between the sidewalks along the W.Torana St. cul-de-sac and N.Black Cat for pedestrian connectivity and in accord with UDC 11-6C-3B.4b,which requires a pedestrian connection due to the length of the dead-end street(i.e.W.Torana St.). 4. Sidewalks (UDC 11-3A-17): All sidewalks are required to comply with the standards listed in UDC 11-3A-17. A 5-foot wide attached sidewalk is proposed along W. Torana St., a local street, and a 5-foot wide detached sidewalk is proposed along N. Black Cat Rd. an arterial street, in accord with the required standards.Note:Because a 5-foot wide sidewalk exists to the north and south, Staff does not recommend a 10 foot wide sidewalk is required. The sidewalk to the north of this site along N. Black Cat Rd. does not extend all the way to the subject property—it stops at the common lot in Oakcreek Subdivision where the West Tap Sublateral/Settlers Northside Canal is located(see photo below). There is an asphalt City of Meridian I Department Report III. Staff Analysis pathway that exists on the northern portion of the common lot but stops at the south side of the headgate,creating a 15+/-gap. Staff recommends as a provision of annexation in the DA that an asphalt pathway is constructed off-site to the north to the existing pathway. This recommendation is supported by the following Comprehensive Plan policies: • #6.01.01I, Work with Ada County Highway District(ACHD) to identify gaps in the sidewalk system and pursue sidewalk construction for existing substandard streets. • #6.01.02D, Consider needed sidewalk,pathway, landscaping, and lighting improvements with all land use decisions. z� -s 5. Subdivision Regulations (UDC 11-6): i. Dead end streets At 545-feet,the proposed street(W. Torana St.)exceeds the maximum length standard of 500-feet for dead-end streets in UDC 11-6C-3B.4a. Per UDC 11-6C-3B.4b, Council may approve a dead-end street up to 750-feet in length where an emergency access is proposed or where there is a physical barrier such as an arterial roadway; and where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. In this case, an arterial street(i.e.N. Black Cat Rd.)abuts this site to the east creating a physical barrier. If Council approves the length of the proposed street, Staff recommends a pedestrian connection is provided from the sidewalk along N.Black Cat Rd.through the common area to the sidewalk along W.Torana St. ii. Block face The proposed block faces comply with UDC standards for such. The proposed development is consistent with Comprehensive Plan policy#3.03.04B, "Ensure existing county enclaves provide necessary urban-level transportation and utility infrastructure as part of the annexation process." F. Services Analysis See Service Accessibility Report in Section VILC below. 1. Waterways (Comp Plan, UDC 11-3A-6): All waterways, except natural waterways,are required to be piped unless improved as a water amenity or linear open space, in which case they may be left open,as set forth in UDC 1I- 3A-6. There is an open canal(i.e.West Tap Sublateral/Settlers Northside Canal)that runs alongside this property on the abutting property to the north that is on a common lot in Oakcreek Subdivision No. 3. City of Meridian I Department Report III. Staff Analysis 2. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in accord with the adopted standards, specifications and ordinances; design and construction shall follow Best Management Practice as adopted by the City per UDC 11-3A-18. 4. Utilities (Comp Plan, UDC 11-3A-21): All utilities for the proposed development are required to be installed in accord with the standards listed in UDC 11-3A-21. Water and sewer service are available at the site. Main lines are required to be extended to and through the subject property with development. The developer should coordinate main size and routing with the Public Works Dept. and execute standard forms of easements for any mains that are required to provide service. The proposed development is consistent with Comprehensive Plan policy#2.02.02,Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe. IV. CITY/AGENCY COMMENTS& CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. A final plat shall not be submitted until the DA and Ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. 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 IF City Council determines annexation is in the best interest of the City: i. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations included in Section VII and the provisions contained herein. ii. The existing well on the site shall be abandoned and proof of abandonment shall be provided to the City Public Works Department. The well may be used for pressurized irrigation purposes. iii. The sides of homes on lots that face N. Black Cat Rd. (i.e. Lots 3 and 5,Block 1) 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. iv. The Developer/Owner shall construct a 5-foot wide detached asphalt pathway off-site to the north along N. Black Cat Road across Lot 14,Block 7, Oakcreek Subdivision No. 3 to the existing asphalt pathway. City of Meridian I Department Report IV. City/Agency Comments &Conditions 2. The final plat shall include the following revisions: i. Depict a minimum 25-feet street buffer along N. Black Cat Rd. on a common lot or a permanent dedicated buffer easement with a note that it will be maintained by the property owner or homeowner's association, as set forth in UDC 11-313-7C.2a. The buffer shall be measured from the ultimate back of curb location as anticipated by ACHD. ii. Include a note that prohibits direct lot access via N. Black Cat Rd. 3. The landscape plan submitted with the final plat application shall include the following revisions: i. Depict a minimum 25-foot wide street buffer along N. Black Cat Rd., an arterial street, measured from the ultimate curb location as anticipated by ACHD,landscaped with a variety of trees, shrubs, lawn,or other vegetative ground cover that complies with the updated standards listed in UDC 11-313-7C.3.Lawn and other grasses requiring regular mowing shall comprise no more than sixty-five(65)percent of the vegetated coverage of a landscape buffer; all other vegetated coverage shall be mulched and treated as planting area for shrubs or other vegetative cover.Areas along required walls and closed vision fences should generally be reserved for planting beds with a minimum of one(1) shrub per seven (7) lineal feet of frontage. Include calculations that demonstrate compliance with the required standards. Depict the future back of curb location as anticipated by ACHD. ii. Depict a 5-foot wide detached asphalt pathway off-site to the north along N. Black Cat Rd.to the existing asphalt pathway. iii. Depict a minimum 5-foot wide micro-path connection between the sidewalks along W. Torano Ct. and N. Black Cat Rd. with landscaping in accord with the standards listed in UDC 11-3B-I2C. Include calculations that demonstrate compliance with the required standards. iv. Depict fencing along the back side of the street buffer along N. Black Cat Rd. and along the northern and southern property boundaries adjacent to common open space in adjacent developments if the existing fencing is removed,in accord with the standards in UDC 11-3A-7A. v. Ensure no trees are located within 10' of the water meter. vi. Depict mitigation trees and calculations for all existing healthy trees four-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-313- 1 OC.5. Include calculations that demonstrate compliance with the required standards. vii. If the unimproved street right-of-way is ten(10) feet or greater from the edge of pavement to edge of sidewalk or property line,the developer is required to maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover; landscaping improvements within the right-of-way shall require a license agreement between the property owner and the transportation authority per UDC 11-3B-7C.5. City of Meridian I Department Report IV. City/Agency Comments &Conditions 4. Stormwater integration shall comply with the standards listed in UDC 11-313-11C. 5. All existing structures shall be removed from the site prior to the City Engineer's signature on the final plat. 6. The preliminary 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 as set forth in UDC 11-6B-7A; or obtain approval of a time extension as set forth in UDC 11-6B-7C. See the Agency Comments folder contained in the project file in the public record for other City Department and Agency comments and conditions: (copy the link into a separate browser) https:llweblink.meridianciU.oLglWebLinkIBrowse.aspx?id=358518&dbid=0&repo=Meridian Cit X V. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed map amendment and development plan complies with the applicable provisions of the Comprehensive Plan as noted. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed amendment complies with the regulations outlined for the proposed districts, including the purpose statement. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be materially detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed map amendment should not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City as it will reduce enclaves in the City and will provide for more efficient provision of City services. B. Preliminary Plat(UDC-6B-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: City of Meridian I Department Report V. Findings 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; The City Council finds the proposed plat is in conformance with the Comprehensive Plan and will be consistent with the UDC if the Applicant complies with the above-noted conditions. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services are currently being extended to serve the site and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. VI. ACTION A. Staff: Approval of the proposed annexation with the requirement of a Development Agreement that includes the provisions in Section IV; and approval of the proposed preliminary plat with the conditions in Section IV. B. Commission: The Meridian Planning&Zoning Commission heard these items on November 7`h.At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Robert Renteria,Applicant;Anna Canning,Centurion Engineers(Applicant's Representative) b. In opposition: None C. Commenting. None d. Written testimony: David Crawford, Centurion Engineers Representative) e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. The Applicant submitted a letter agreeing with the staff report conditions. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: City of Meridian I Department Report VI.Action a. Council approval of the dead-end street is required as it exceeds the maximum length standard of 500' at 545'. C. City Council: The Meridian City Council heard these items on December 101h.At the public hearing,the Council moved to approve the subject AZ and PP requests. 1. Summary of City Council public hearing_ a. In favor: David Crawford, Centurion Engineers(Aolicant's Representative) b. In opposition:None C. Commenting d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. Council approved the extended length of 545' for the dead-end street. City of Meridian I Department Report VI.Action VII. EXHIBITS A. Project Area Maps to Project Overview) 1. Aerial -Y Legend MCMILL�A'N ' Project Arei 1 . of Impact • Analysis Zoning2. 7 RKIPHM . 1!!!!�!►��II /Il1!!!!I!!! ,Ilirrlrl rrp uuuui�"' 7T�T,% ��`��=iil1iiirulr�_uun,n iiiu �C ■ ! rrlrm U �nnrx�n r rrimu. Q _. �Irlrr� 1 ' J r11� ��i Oi0 - . - Project P:' Area of Impact UT !�Ilr�rprrr uulrsirr m n•�_- . Analysis - -- City of Meridian •. Report V11. Exhibits 3. Future Land Use ® Effim ® i ® maim Mprflu .® Legend Civic Project Location Area of Impact 0 Analysis MU-NR 4. Planned Development Map �MOEN ; - _ r s rrr ® OR+ 4 _ �{ _- -- _ ' Legend r F Project Location ; a ------- City limits - r. Planned Parcels r i ;:: Area of Impact Annlvsis City of Meridian I Department Report VII. Exhibits B. Subject1 1 e {. S� �f Looking northwest • Black Cat ' • 'k Looking southwest • Black Cat ' • JWK- Aerial view 4 Y :3 of property C. Service Accessibility Report PARCEL S 433'110460 SERVICE ACCESSIBILITY Overall Score: 17 5th Percentile Location Within V2 mile of City Limits YEU0W Extension Sewer Trunkshed mains< 500 ft.from parcel GREEN Flaodplain Either not within the 100 yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time 5-1)min. Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 114 mile of current pathways GREEN Transit Not within 1/4 of current or future transit route RED Ultimate configuration(#of lanes in master streets Arterial Road Buildout Status plan) >existing (#of lanes)&road IS NOT in 5 yrwork FLED plan M& School Walking Proximity From 1I2 to 1 mile walking YELLOW School Drivability Not within 2 miles driving of existing or future school Park Walkability No park within walking distance by park type RRye ncraratFd nn 11-M- 67d hvMFBIn15MaaIIFn City of Meridian I Department Report VII. Exhibits D. Annexation & Zoning Legal Description and Exhibit Map ClENTURION ENGINEERS, INC. Contact Information Josep4i U. fanning, PEMLS 2323 5_ Vista Ave Ste 205 Boise, ID 63705 Telephone 209.343.3391 jdcanning@centengr.cam May 20,2024 Addison Circle Annexation and Re-Zone description A parcel of land situate in the northeast quarter of the northeast quarter of Section 33,Township 4 North,Range 1 West poise Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at the northeast corner of said Section 33; thence SQV03'54W,795.41 feet along the easterly boundary of said Section 33 and alungthe centerline of North Black Cat Ruadto a point which hears N00'03'541,1.836.29 feet from the east quarter corner of sa id 5ecti an 33,whic h is the Point of Beginni ng: Thence S00°0154*W,312.45 feet along the easterly boundary of said Section 33 and the centerline of said North Black Cat Ruad, Theme N99'S2'34"W.279,72 feet along the northerly houndary of said Rapid Creek Subdivision No_2,and the easterly extension thereof,as shown in Book 121,Pages 18950 through 18953, records of Ada Countkr Idaho to the southeast comer of Oakcreek Subdivision No.3,as shDwri in Book 106,Pages 14592 and 14693,records of Ada County,Idaho; Thence N06*15'S3"E,348,20feet along the easterly boundary of said Oakcreek Subdivision No.3,to the southerly boundary of Lot 14,Bloc 7 of said 09kcreek Subdivision No_3; Thence N88°43'21"E,246.50 feet along the southerly boundary of said Lot 14,Block 7 of said Oaktreek Subdivisiod No.3,to the Point of goo nning. Comprising 1.V acres,more or less- p 41160 5 � OF S U R Q Legal Cescription Addison Circle Annexation and Re-Zane Page 1 of 1 C°ov elm 6oel City of Meridian Department Report VII. Exhibits Addison Circle Subdivision Annexation and lie-Zone Boundary 28 2f J 33 34 BLOCK x 0MISCREM SA MOA No, 3 I# _ 1.,50, SE7TLE16 CANkL POW OF OEGINNING I e1a1K I S� 8 N + 1 W. Tora a Ct. 61,357 S.F. IX AM Q � kOCK 11 11 ID. Mr9452 34 379.12 WID {TIEK SAMPON No. 3 � CENTURION-ENGkNHCAM& INC, 33 34 C&mwl irq L rrgrnHlr4 Land SWV@p k PIMMU 2373 S.4'IiU MOL Ste._20i 1 ad=ID lwm 209.3A31319Iw xwwwrgr.mm WAY 304 2D24 PRO&CT M0. "C1' 1H$ ANNEXAMN AND RVOW WMARY City of Meridian I Department Report VII. Exhibits E. Preliminary Plat(date: 5/13/2024) ltlfS 6gC902 �� �$ h n¢uv.'o mnxua�.�w.Ym 1 N awe 90fbe 01�!^9790a�5�"Y°w SREZ L�IYiA[ n aax[ u �P 4+ ��u•°.,w�.s PSI•°...a.3 a°nln�.� � [� P4 S I � o''IPPV �� C 'D71['S7I33NIl7N3 NCPff11NM y��Y f14aR7 Ield Ueultullaad aLra 811o1A�w� ��'gin ------------ _L----- ___- _ �FI I II ---------- ery$@_ ..a 4✓.mo�■pIa ���..R+f El � r a r „�.a4� � �� �� �' � ,I, mu;na•[w -p��---0-----~��i� I yg N RW A 0•, i i �^� gp � K ..�ai !b]� �`\ C ON N7aiAl®�S M3781MW] � aA ���•� iIf Ij a P•f8 d yy e e yy x yy yy pp qq py{ a's a k kp �9{`16f H. ee lI_ g ,'^ 1 k .� tl @ A R tl A A F R N A F 9 aE 4 n p pa R p€e i 4uuua°! 'go s�22224 $1 9� 9 8 Y�Y 424 L4 44�gng C4�u1 R I g gE � N G 1c tlg -g � ea`zs� 1 S Ss1.11. 11111 @1 11 4° �a 1� �� p°pgg�1 1 fo09-I � � ���C���sas�s�rses gtll J z� aSi1 ,� s n a a s e n e - ,. ^° I� ERR Map 1st@�99� iy§1' ! 3 ee 4Ye Y Milo i Y gg Y yg �� 5�� iA gg gg A��^�a�: 9 B'A��� City of Meridian Department Report VII. Exhibits F. Landscape Plan (date: 6/4/202412/2/2024)-REVISED jt !E1lE1 !E1lE1lE1 yy( 1466��666�4�444 '+ '3333333��93888 � �� � 2 tl �• a e a E e i -.1 00 f 43141 D o ys'paaaa�glgs aaa E EiAT3�1e1 1FHIM y� o f a a � V � J � lit Hgll r •�aR RR�upy �C City of Meridian Department Report VII. Exhibits 1.aa i.a oraomu.odmildl.■■iauawll.*mi..l.isa i auaml.p u:.na.ian radidl.m mild ll■ Rim olumomomw min u ilflilll IRl r■If■!lf 1.il.lwa I■IRi■iilll111I■If iRrfl.IlilRl r■Ifill.litallll I■IR■!lflill.11!I■rRirll lllallala111RMRl■lawlrallw111R11R1■l■!RlaI1<IrIRaRI■l.wRralf 1wIRaRI■aallralf 111RaRl■l.allflf 1RIRaRI■ 1r11loop 111111911allall}ll loll lw*llllalla1w11llNlllwrllilallallllllr•llllrllr NMI NMI 1F111Mll Alto 111a11allllaMllltollI11111111111 w. , 1r>talrlRR■nra111lraRlrlRa■l�awllllrRarrlwa■la>,wnrlratalrlRa■IarasllllRRlalRa■la*arlllraairl�a■1■rwr,lsr •:. : 1R1■aalaarawlwwllRr.sanR in.liiannrlwrwwl1.lilarraarRllllillaliianwlllrlR■llfl.lrrllss�rfwRr� •• lllaarlatl lrl.M■Ria.ala ■llaar.attlar.aa{■alalr.a�lrlfaa!■ala aal .aal■l�aiillf lllfaal■ ' llllrallllalrlllllllrllll IralllllrlrLlrlral111a1rIlllFrlalalglra li■IINNNI lil.rlll.11all IlwlAlrlfXwlMr411r1 —— Irlfa■IMlwnplaaIrllta■1Mr.rrl{ra -- rraairlRawlKr>tnul �r�.ww■iwiwflRalaii■Iw - I {Mar*1wwlrflwlalr.ar*IRwl1 Iwfaal.a1R11Rw111 . IIr1.aRl■{aaarllalll. IrI.aRli{awRl.rflrlfaR �puili Mwawls wrlarallrlllaal11a1r - rfiwlflwlaalwrr.lr 1s;e;:r1a111AmRla�flllaalMlr.ara R1■{aaal.rf r I111atiIrlSl�l�l I rRiR1 � IIrIRaI{■{l■ Gall �n��°,saao�uwaio�urlr■.I@urnrrlo al■ larlallalll SA,rl01RA9ra1911,EaIR7Lu I rlu�nnmmu.n�rmuA�mor�nRmorinAaor�nr wl rl�a■'l,l' �,ow"ai�lrr_R.n��.� - 1�m"ogar_a.�^s_R;oneun,li::v'•;�I,�:1c,-.i�r : 1� ■■■■ �i =� ■■■■■■1100 ■■■I■■■■■■ 10�.'0 rye 1 I 11 I f— I f- 1= -� �.�1 L�=h CI h CI h CI : - ouuaudoaaalmiuuuun��ti_ .�a.Irl.all■{1a_ Y��a1�1���Illailgl��al�l�R�>ll�r>1PII���I�lll��l4�pi�l�■CIS■lal*fin Ililiillli�iEiliin�iiliil�le� rll■Lil■■Ff�■f1i1l.IP"f�R1.li■.1l11i F■iRlfl■Ilialli iF .laaar.l.lrl.aal■lRlRrR" �■�AlRrflwlRl.aRlilRillril.11l.al IrlrrallAllr11.1rarlrlllr'- ___' "'1lIRal111A111RlllllllERllla1111■1.. ———,111 7a■Iaaalll■RalrlRa■laaallrll. �� I 1■ll■Ffwllfl■lalllYalf■fP ��+ I■I■I■I■I■I■I■I■I■I■I■I■I■I■I■I■ ■■■■ � _� I�lil I��I�I I��I lil [ _� I I!I I FAR I I!I IICI I lil I ICI IICI I!I --- hI I■11■I I■I hI I■I I■1 I■I 30 YEAR ARI4ITECTI.RAL SHIN�EB IN BLACK COLOR E112 PITCH CEDAR'VENTS WITH 4x4 CORBELS BELO'1 TYPICAL ON FRONT FACING ELEVATION ONLY SHAKE LAP SIDING ON FROM FACING GABLES li � 11f8 FRIEZE BOARD AT SIDING BEFIEEN 1X8 PRIME TRIO FASCIA v 1 V I, 11 SHAKE AND OTHER TYPICAL ij �h �1 V V V � SIDING TYPES AT FRONT ONLY 1 L WIND TRIM WRAPS AT ®®®®®®®® ®® 4T FRONT POST ALL WINDOWS AND AT ALL AT FRCNT PORCH BEAM W DEGREES INSIDE OR OUTSIDE CORERS COTTAGE LAP W 1.11ARD Li $IN CIW, TYpICAI_L ONWISE OTHER _ _ � � VISE NOTED 12•x12°x4e• COLUMN IB'-0"S B'-0" Q.H. DOOR RASE WITH STOPS WRAP ALL SIDES 30' TALL STONE WAINSCOTTING WTIH 24"WRAP AT THE CCRPER TYPICAL ON BOTH SIDE OF GARAGE B&B SIDING AT FRONT HALL TAHOE YODEL D E I OF GARAGE WHARF, ABOVE STONE I v I I� L ON 24"WRAPS 1 ,872 SQ .FT . 3 BEDROOMS + OFFICE 3 FULL BATHS (2 BEDROOMS ARE SUITES) ADDISON CIRC E LOTS 5, 6 AND �• I l.i :I rl '. I I,, �I��I . I la l i 11 I l.i :I�rl ,I l.i :I II i l., ' El El El El Ll El 11 El I '4.',I '•I ' I 'i..I i I'I � I '' .,I '. I 'I ,i i 'I I I ..i ,i l ' I I ' I• 1'.! V' 1 ''.I� II. I TAHOE MODEL - 1,812 SQ.FT. 3 BEDROOM + DEN TR,AGITI0t4AL ELEVATION FEATURING 96 YEAR ARCHITECTURAL SHINGLES COTTAGE LAP AND BOARDIBATTEN HARDIEOARD SIDING SHAKE LAP HARDBOARD 91DING ON FRONT GABLES CULTURED STONE WAINSCOTTING 16 FOOT X a FOOT OVERHEAD DOORS WITH WINDOWS IXS FASCIA BOARDS CUSTOM GABLE END VENTS WITH CORBELS City of Meridian I Department Report VII. Exhibits IIr1■a[r■Iwrrrir■Irl■a■■IwrrRil■1>III■r[!■rr rrrar■Ir1■a[lrslwrrrir■Irl■a[r■Irl[r ■r l■u■ur1ua11rr■url■n■1111nrlR llrtlrlr■rlrlwllu rrR11/nnwn■Ilrinrtlrrl■Inr■r1■IR11url rr+ar+.rrrlra�la�■rrlr■■nrlrrrli�■�■Ir�M■nrrrarl/�■rrrrM■nrlr■�I/�■r■Ir■■mrrrarlr 1 r+arw■1R■r■lararrra ral rra�rrR+r■>.ai lenarra�rrie■Isnlrara±ri■lrwr■1a�11arwrRl■r11r■n IIR1■i[I■Iw[R1a1■IRI■A Rl■Rf[[rarwlrl■#R!■la[R1iRwIRliaa!■If RR1w1A IRl■rR!■li[R �� Illlill■IIIIIIallrrillllill■Illlllrl11fa111rillrllllllrrRllillllillrlrllllrlrl1i11rrill■IR1111r1 rr�Mra111rlra/I/1■r■rNiRlfrlrafal/1■r■rKMillrrrffal/1■r■rNMRllrrri/I/1■r■IK*11111*a#Ir Ir■rw■niarrilrar■rswlll►rwiaanar■riwrri�■srrur■rwwlrir■lairnrwrwwrlwlwn , u1n�a1■Iw[RrilwlRl■IrRr aRRr■[wlrulrRl■la[R■iu■1■Ilalsl*[[rilw■1■Ir[!■3i[[ ,� Alll■11■i1rllrrt111r11111■ Irt1111■111r■IIrIl111rrt1111■IIII■11■Ir11n1arR■1lrr■11■Ir111ri1 r1r/u111/iall!1■r11n .. Iwrwla/rulwirl/1■r■rn/[nlnimur*1a/n11r=,rurr Ir■irwwlr■r■railer• .■■■, nar■iriwrtl■1■ranr+lrwrw■!r■r irnrwralwr11r1■n 111mmmo■Iwmn •fir■■r►. 111■#[I■ia[Rrirw111iar! 1R111■rl!■Ri[R 1111■11r1110-1 •■■3' ■■� r■IrrlllllltarAll/IIIIaII 111r■Iri1R111111 uarr111r1/ i�■■■r ■■■■■. nnlrarrlr ■■ ���■r . •. 111• Ira+rw■ .-■■■■■ 1■■■■■.. iRinlrra� era■■�- � rlar■n •1 . c IIII■a .i �d ■■■■■■ ■■■■■■■■■■\. ERE ■■- IwMR 111 ...+■■■'■■�■■■■■+...+.... .r•' .... 111 � I�I r-1 -- •ate i IIMMERSE Ilrl■R■1■IfrrR■r■1!i■#i1�A1■i1+_ �■lR■R■■1■■■Ir•If■■■■1■I1r■�■I�r■■* AI�rMIArIr11fANIRI1rAArlrlrrlR�i11NIIIR�AIII�IlrAR111111111�■1rN1■Ilrlrflll*�111rA11A■11rIR�1rINl �l+l�■rlrrti■rlrr�rArllw�rllrrtirrlrr��Artl�srrlirrrr��rrr,■r�Irrr:Irltrrlr,I��ArwrN�rrlrr�rrn Ar�lrll■R�r�■�s■IR■r�r■■R�il■l�rlR■rlrr■■�rir■!s■r�l■r�u�r�ri�l�l■IR■rlrr■■Rlrl■!+ IRI■R■1■Af 1 RR■R■IRI■ARI■rf■■R#R■IRi■■■1■r■■R*11R■IRI■A■1■rf■RR■R■IRr■ll■1■A■■■ AIIlr11rIR11rIN11H�1111■IIr1All11N111�*IIII■I1r1AlAlINIRI�>rllRl■Ilrlrllll*111R■IIII■IIrIRRAlllll Rlll■■IIIIf+Rllli�■■�1��i11111!■AI ICI■■�1N*■IIr111�111i1■■�1K■RIIIIf+■Rl�1■■�111lRIA11�II�IR Iril�■Alf�1#I��II�r�r�l■Rl�1�lAc*Il�f�IAwRR�I■I��1��r�I■RI<l�[■iAc*IIR r�lti#RRltl■II IrRI■ARIiRw■r�lAR�rfl■Afi IwR*r■1w1�i�ARliiwRrf■r■IRIS■RII•RwR■■�■R■III��RI�i*■■ IIrIrllrrAR}1r1A1RI�r11R1r1+1' '�IA�11■tt1111111ArA1f11AlAMR1�1AlAlfr■IAr1r1111��R1M■AAIA�11rA111rA�1 R1awRlrllRAr�iarr■K�1■� �, ulr �1�■RIIII*Al�lil■N�fta■RIl11f■Rl�i■�■f��R111iw■min Ar■rrwnrll■I■■urn .i■\_ -.I�r�r■r■■�RAI■IA<■1■■r■lrle■�rf■r �■1�■r■r■■RR■1■1+ IIRI■■■1■r■rIF' • ■■■ ► - --■■111■r11■1R■R■111■a---- IIRA■I1111iton■ AgrNIArlAniltr -■■ ■• wlrr■flrrhllRl�rrlrl111 �+- 1■Nl�r■11rrMl ��■ ■■ ■tt■. ■ Rhl�Ir• �i■r■■ ■■ ■■w■■� -r1i■■aAMi■r�ra� err■r\. .■��11i�Alrall 11■r■F irrr±r■ Irrrrr\. rtl�1■I HE I�■iice' � �wR!■1■I+ 111 .■■\r■■■r�■■rMEN MEMO ■■■r■►. r! ■■■ram 1NlI IMID r r r■ - •. - rr r - •. rrr- .r - rr E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Apex Phenomenal (H-2024-0041) by Brighton Corporation, generally located on the north side of E. Lake Hazel Rd. approximately 1/4 mile west of S. Locust Grove Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Preliminary Plat Consisting of 64 Building Lots, 11 Common Lots and One(1) Other Lot for Future Development on 16.15-Acres of Land for Apex Phenomenal Subdivision(aka Pinnacle Subdivision),by Brighton Corporation. Case No(s). H-2024-0041 For the City Council Hearing Date of: December 10,2024(Findings on December 17,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 10, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 10,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 10, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 10, 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 December 10,2024, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX PHENOMENAL PP H-2024-0041 - 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 preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 10,2024, 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 11-6B-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 11-613-713). 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). E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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 §§ 67-652 1(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 December 10,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX PHENOMENAL PP H-2024-0041 -2- 17th December By action of the City Council at its regular meeting held on the day of 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-17-2024 Attest: Chris Johnson 12-17-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-17-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX PHENOMENAL PP H-2024-0041 -3- EXHIBIT A COMMUNITY DEVELOPMENT �E DEPARTMENT REPORT REPORT �✓ �r HEARING 12/10/2024 DATE: - --- TO: Mayor& City Council FROM: Sonya Allen,Associate Planner , f T n 1 208-884-5533 sallen@meridiancity.org APPLICANT: Amanda McNutt,Brighton Corp. SUBJECT: H-2024-0041 Apex Phenomenal(aka Pinnacle) Legend I' Project Location LOCATION: Generally located on the north side E. Area of Impact - Lake Hazel Road, approximately 1/4 mile City Limits ; west of S. Locust Grove Rd. in the SE Analysis 1/4 of Section 31, T.3N.,R.1E. (Parcel e #S1131438975) I. PROJECT OVERVIEW A. Summary Preliminary plat consisting of 64 building lots, 11 common lots and one (1) other lot for future development on 16.15-acres of land in the R-15 zoning district. B. Issues/Waivers None C. Recommendation Staff. Approval Commission: Approval D. Decision Council: Approval City of Meridian I Department Report 1. Project Overview 11. COMMUNITY METRICS Table 1•Land Use Description Details Map Ref. Existing Land Use(s) Vacant/undeveloped - Proposed Land Uses) Single-family residential dwellings(attached and detached) - Existing Zoning -1 R-15 (Medium High-density Residential) VII.A.2 Adopted FLUM Designation Medium High Density Residential(MHDR) VII.A.3 Table 2:Process Facts Description Details Preapplication Meeting date 6/4/2024 Neighborhood Meeting 6/26/2024 Site posting date 10/14/2024 Table 3: Community Metrics Agency/ Description/Issue Referenc Element e Ada County Highway District • Comments Yes - Received • Commissio No - n Action Required • Access S.Apex Ave.,a commercial collector street;E.Phenomenal St.,a local street; - and a proposed private street(Street A) • Traffic Roadway Frontage Functional PM Peak Hour PM Peak Hour - Level of Classification Traffic Count Level of Service Service E Lake Hazel Road 1,213-feet Principal Arterial 167 Better than"E" Locust Grove Road 0-feet Minor Arterial 181 Better than"E" Apex Avenue 554-feet Collector NIA NIA Sublimity Avenue 554-feet Collector NIA NIA Phenomenal Street 1,213-feet Local NIA NIA *Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH). *Acceptable level of service for a three-lane minor arterial is"E"(720 VPH). *Acceptable level of service for a two-lane collector is"D"(425 VPH). **ACHD does not set level of service thresholds for local roadways. Meridian Fire Comments not received. Meridian Police Comments not received. Meridian Public Works Wastewater • Distance to Currently no existing sewer service at this location;currently under construction Mainline and will be available to the site. • Impacts or See Public Works Site Specific Conditions in Agency Comments folder in the Concerns public record. Meridian Public - Works Water • Distance to Currently no existing water main at this location;currently under construction Mainline and will be available to the site. City of Meridian I Department Report II. Community Metrics • Impacts or none Concerns School No comments received from WASD; a memo was submitted from Long Range District(s) Planning Estimated#of SGR Total units children for this Total Total Single Multi Estimated development Development Area Zone Family Family Single Multi Students Architectural Program Family Family Capacity Capacity Mary McPherson 0.49 0.16 64 - 37 675 550 Elementary School *This information is intended as a reference,rather than a decisive tool. Capacity of School Boundary Areas 23-24'Enrollment Architectural Capacity Schools Marcy McPherson Elementary 484 675 Number of Students Victory Middle 1056 1000 Enrolled Mountain View High 2537 2175 Note: See section IV. City/Agency Comments&Conditions received. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview The proposed development consists of one(1) 15.93-acre parcel of land,zoned R-15 (Medium High Density Residential). The underlying Future Land Use Map (FLUM) designation in the Comprehensive Plan for the subject property is Medium High Density Residential(MHDR). The proposed single-family attached and detached units provide a mix of dwelling types at a gross density of 8 units per acre,which is consistent with the desired density of 8 to 12 units per acre in MHDR designated areas. The preliminary plat is proposed to develop in one(1)phase. The Applicant plans to re-subdivide the western 7.94-acre lot(i.e. Lot 76)in the future and will likely develop that area with more single-family attached and detached units similar to this development;however,they're unsure at this time on the layout or lot sizes for that area. All the proposed units will have alley-access and will front on adjacent streets or internal common mews. A traffic study was not required by ACHD. The proposed development is relatively compact in relation to the larger Apex/Pinnacle development and is located in close proximity to future neighborhood commercial services to the east at the corner of Locust Grove and Lake Hazel Roads, including a new public library and an amphitheater where a variety of public events will be held. It's also located in close proximity to Discovery Park'/2 mile to the east on the south side of Lake Hazel Rd. It's well-connected with pedestrian pathways and incorporates attractive landscaping and high- quality architectural design and materials to ensure quality of place. The proposed development is consistent with the development guidelines in the Comprehensive Plan and with the recorded development agreement. Table 4:Proiect Overview Description Details History Ord.#16-1670(AZ H-2015-0019 South Meridian);H-2020-0066[(MDA) DA Inst.#2020-1781201;H-2020-0066(RZ Ord.#20-1910) Phasing Plan 1 phase Residential Units 64 single-family residential detached units&one(1)large lot for future 6 development 19 City of Meridian I Department Report III. Staff Analysis Description Details Open Space 2.27-acres(27.6%) Amenities Multi-sport court with artificial turf Physical Features An irrigation ditch crosses this site. Acreage 16.15-acres Lots 64 building lots, 11 common lots and 1 other lot Density 7.8 units/acre(gross); 13.73 units/acre(net) B. History This property was annexed in 2015 with an R-4(place holder)zoning district as part of the South Meridian Category A annexation and included in a Development Agreement(DA). The property was later rezoned to the R-15 zoning district in 2020 and a new Development Agreement was recorded that removed this property from the original agreement(DA Inst. #2020-178120). C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): None 2. Proposed Use Analysis (UDC 11-2): The proposed single-family attached and detached dwellings are listed as a principal permitted use in the R-15 zoning district in UDC Table 11-2A-2. 3. Dimensional Standards (UDC 11-2): Future development shall comply with the dimensional standards for the R-15 district listed in UDC Table 11-2A-7. Staff ,finds the following Policies are applicable to support the proposed development: Comprehensive Plan policy#3.07.00 encourages compatible uses and site design to minimize conflicts and maximize use of land. Comprehensive Plan policy 3.07.01A requires all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices. D. Design Standards Analysis 1. Qualified Open Space&Amenities (Comp Plan, UDC 11-3G): A minimum of 15% qualified open space is required to be provided in the R-15 district. Based on the eastern 8.20-acre portion of the site proposed to develop at this time, a minimum of 1.23-acres of common open space is required that meets the minimum quality standards in UDC 11-3G-3A.2 and qualified open space standards in UDC 11-3G-3B. A total of 2.27-acres is proposed consisting of linear open space; 50% of the landscape buffer along E.Lake Hazel Rd., an arterial street; 100% of the landscape buffer along S.Apex Ave., a collector street; and open grassy areas of at least 5,000 square feet in area(see exhibit in Section VII.E).Note:Although it's not needed to meet the minimum standard, Lot 69 is below the minimum width of 20'required for linear open space and cannot be counted. Additionally,per current code, when street buffers are counted toward qualified open space, they're required to have enhanced landscaping; however, because the minimum standard is met without inclusion of the street buffers and this wasn't a code requirement when the abutting Apex Northwest development was approved, Staff does not recommend it's required with this application. City of Meridian I Department Report III. Staff Analysis The western 7.94-acres(i.e. Lot 76)proposed to be re-subdivided in the future,is required to comply with the open space and site amenity standards in effect at the time of development. Based on 8.20-acres, a minimum of two(2)points of site amenities are required; four(4) points of amenities are proposed consisting of an artificial turf multi-sport court in the central common mew area,which meets and exceeds the standard(see detail in Section VILE). This development will also have access to all other amenities in the larger Apex/Pinnacle development,which include swimming pools, clubhouses,additional open space,trails,play equipment,barbeque grills and covered seating. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 25' wide street buffer is required along E. Lake Hazel Rd., an arterial street, and 20' wide street buffers are required along S.Apex Ave. and S. Sublimity Ave.,both collector streets,landscaped in accord with the standards listed in UDC 11-3B-7C.3. Because this subdivision isn't being phased, all street buffers are required to be installed with development. The landscape plan should be revised to reflect compliance with the aforementioned standards(i.e.the full buffer width is required to be provided and should be landscaped with a variety of trees,shrubs,lawn or other vegetative groundcover). Street buffers are required to be on a common lot or on a permanent dedicated buffer easement,maintained by the property owner or homeowner's association as set forth in UDC 11-3B-7C.2a; the plat should be revised accordingly. ii. Tree preservation All existing trees and landscaping shall be protected during construction. There are no existing trees proposed for removal. iii. Storm integration Stormwater integration is required in accord with the standards listed in UDC 11-3B- 11 C. iv. Pathway landscaping Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. The 5-foot wide pathways located on common area lots along the rear of building lots are required to be set off the property line in order to provide a landscape strip along each side of the pathways as set forth in UDC 11-3B-12C.1. 3. Parking (UDC 11-3C): i. Residential parking analysis Off-street parking is required per the standards listed in UDC Table 11-3C-6;the number of parking spaces is based on the number of bedrooms per unit. On-street parking along adjacent public streets(i.e. E. Phenomenal St. and S. Apex Ave.)is also available for guests. 4. Building Elevations (Comp Plan,Architectural Standards Manual): Conceptual building elevations were submitted for the proposed attached and detached units as shown below in Section VII.F. The single-family attached units require design review approval and are subject to the residential design standards in the Architectural Standards Manual.Additionally,the DA requires development to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place consistent with the Comprehensive Plan(see pg.3-10). City of Meridian I Department Report III. Staff Analysis The DA also requires the rear and/or sides of structures on lots that face E.Lake Hazel Rd. (i.e.Lots 40-49 and 51-58,Block 1) and S.Apex Ave. (i.e.Lots 13, 15,39 and 40, Block 1)to 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. 5. Fencing (UDC 11-3A-6, 11-3A-7): No fencing is depicted on the landscape plan. The UDC (11-3A-7A.7) requires the developer to construct fences abutting pathways and common open space lots to distinguish common from private areas; fencing should be depicted on a revised landscape plan along with a detail of the fencing type proposed or alternative compliance may be requested to the standard. 6. Parkways (Comp Plan, UDC 11-3A-17): Parkways are required to comply with the standards listed in UDC 11-3A-17E. Existing 8- foot wide parkways are depicted on the landscape plan with trees and landscaping. Comprehensive Plan policy#2.02.02F states that new development within existing residential neighborhoods should be cohesive and complementary in design and construction. E. Transportation Analysis Level of Service Planning Thresholds 1. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service E Lake Hazel Road 1,213-feet Principal Arterial 167 Better than"E" Locust Grove Road 0-feet Minor Arterial 181 Better than"E" Apex Avenue 554-feet Collector N/A NIA Sublimity Avenue 554-feet Collector N/A NIA Phenomenal Street 1,213-feet Local N/A N/A *Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH). "Acceptable level of service for a three-lane minor arterial is"E"(720 VPH). *Acceptable level of service for a two-lane collector is"D"(425 VPH). **ACHD does not set level of service thresholds for local roadways. City of Meridian I Department Report III. Staff Analysis ACHD Planned Improvements 1. Capital Improvements Plan(CIP)7 Integrated Five Year Work Plan(IFYWP): • Amity Road is scheduled in the IFYWP to be widened to 5-lanes from SH-69(Meridian Road) to Locust Grove Road with a design year of 2023-2024,a right-of-way year of 2027-2028,and construction year yet to be determined. • Amity Road is scheduled in the IFYWP to be widened to 5-lanes from Locust Grove Road to Eagle Road with a design year of 2025-2026,a right-of-way year of 2027,and a construction year yet to be determined. • Locust Grove Road is scheduled in the IFYWP to be widened to 3-lanes from Amity Road to Victory Road with a design year of 2028-2029 and a construction year yet to be determined. • The intersection of Amity Road and Locust Grove Road is scheduled in the IFYWP to be constructed as a multi-lane roundabout with 2-lanes on the north leg,2-lanes on the south,4- lanes east, and 4-lanes on the west leg with a design year of 2023-2024,a right-of-way year of 2027-2928,and a construction year yet to be determined. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from Lake Hazel Road to Amity Road between 2036 and 2040. • Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from SH-69(Meridian Road)to Locust Grove Road and is currently under construction. 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Residential units will be accessed via alleys from local and collector streets abutting the site. The proposed alleys accessing S.Apex Ave. are in alignment with those across the street in Apex Northwest Subdivision No. 1. Direct lot access via E. Lake Hazel Rd., an arterial street, is prohibited. Address signage should be provided at the alley entrances off the public streets for homes that don't have frontage on a public street.Address numbers shall also be provided on the rear of structures visible from the alley for emergency responders. 2. Multiuse Pathways (UDC 11-3A-5): A 10-foot wide detached multi-use pathway is required within the street buffers along E. Lake Hazel Rd. and S. Sublimity Ave. within a 14-foot wide public use easement per the Park's Dept. if they're located outside of the adjacent right-of-way; otherwise, an easement is not required. 3. Pathways (Comp Plan, UDC 11-3A-8): Five-foot wide pathways and micro-paths are proposed in internal common areas for interconnectivity within the development and adjacent developments. Comprehensive Plan policy#2.02.0IA states, "With new subdivision plats, require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities." 4. Sidewalks (UDC 11-3A-17): Detached sidewalks are proposed adjacent to public and private streets in accord with UDC 11-3A-17. 5. Private Streets (UDC I1-3F-4): One(1)private street is depicted on the plat as Street A. The purpose statement for private streets in UDC 11-3F-1, states it's not the intent to approve private streets for single-family developments other than those that create a common mew through the site design or that propose a limited gated residential development. A mew is proposed on the eastern portion of the development;the development is not proposed to be gated. City of Meridian I Department Report III. Staff Analysis A private street application must be submitted for approval of the proposed private street that complies with the standards listed in UDC 11-3F-4 and may be submitted with the final plat application.Approval from the transportation authority(i.e.ACHD) and the Fire Dept.is required.Approval of the street name is also required from the Ada County Street Name Committee. 6. Subdivision Regulations (UDC 11-6): i. Dead end streets The proposed private street dead ends at approximately 438-feet but will connect to alleys to the east and presumably to the west with future re-subdivision of Lot 76. ii. Block face The proposed block face complies with UDC 11-6C-3F. F. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): The Watkins Drain, a private irrigation facility, crosses this site. Per Idaho State Statutes, Title 42,local irrigation/drainage ditches that cross this property to serve neighboring properties must remain unobstructed and protected by an appropriate easement by the landowner, developer and contractors. A 25-foot wide maintenance easement is proposed over the drain and should be depicted on the plat. 2. Pressurized Irrigation(UDC 11-3A-15): An underground pressurized irrigation system is required to be installed to provide irrigation to each lot in the subdivision in accord with the standards listed in UDC 11-3A-15. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system shall be required in all developments in accord with the city's adopted standards, specifications and ordinances. Design and construction shall follow Best Management Practice as adopted by the city. 4. Utilities (Comp Plan, UDC 11-3A-21): Utilities are required to be installed in the proposed development as set forth in UDC 11-3A- 21. IV. CITY/AGENCY COMMENTS& CONDITIONS A. Meridian Planning Division 1. The final plat shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C and with the provisions of the development agreement associated with H- 2020-0066 (Inst. #2020-178120). 2. All single-family attached units shall comply with the design standards in the Architectural Standards Manual. A design review application shall be submitted for approval of the proposed structures prior to submittal of building permit applications. 3. Development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place consistent with the Comprehensive Plan(see pg. 3-10) per the development agreement. 4. The rear and/or side of structures on lots that face E. Lake Hazel Rd. (i.e. Lots 40-49 and 51- 58,Block 1)and S. Apex Ave. (i.e. Lots 13, 15, 39 and 40, Block 1) shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, City of Meridian I Department Report IV. City/Agency Comments &Conditions 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. 5. The final plat submitted with the final plat application shall include the following revisions: i. Depict the required street buffers(i.e. 25-feet along E. Lake Hazel Rd. and 20-feet along S. Sublimity Ave. and S.Apex Ave.)on a common lot or on a permanent dedicated buffer easement,maintained by the property owner or homeowner's association as set forth in UDC 11-3B-7C.2a. ii. Depict 14-foot wide public pedestrian easements for the multi-use pathways along S. Sublimity Ave. and E. Lake Hazel Rd. if they're located outside of the adjacent right-of- way; include the recorded instrument numbers of the easements. iii. Depict a 25-foot wide maintenance easement over the Watkins drain. iv. Include a note that prohibits direct lot access via E. Lake Hazel Rd., S. Apex Ave. and S. Sublimity Ave. other than those accesses specifically approved with this application. 6. The landscape plan submitted with the final plat application shall be revised as follows: i. Depict a 25-foot wide street buffer along E. Lake Hazel Rd., an arterial street, and 20- foot wide street buffers along S. Apex Ave. and S. Sublimity Ave.,both collector streets, landscaped with a variety of trees, shrubs, lawn,or other vegetative ground cover in accord with the standards listed in UDC 11-3B-7C.3. ii. Depict landscaping along all pathways as set forth in UDC 11-313-12C. The pathways located on common area lots along the rear of building lots shall be set off the property line in order to provide a landscape strip along each side of the pathways in accord with the standards in UDC 11-313-12C.1. iii. Depict fencing abutting pathways and common open space lots to distinguish common from private areas as set forth in UDC 11-3A-7A.7 or alternative compliance may be requested to the standard. iv. Depict a 10-foot wide multi-use pathway along the east side of S. Sublimity Ave. as well as along E. Lake Hazel Rd. 7. All required street buffers shall be installed with development of the subdivision,including those on Lot 76,Block 1. 8. Submit 14-foot wide public pedestrian easements for the multi-use pathways along S. Sublimity Ave. and E. Lake Hazel Rd. as required by the Park's Dept. if they're located outside of the adjacent right-of-way. 9. Stormwater integration shall comply with the standards listed in UDC 11-313-11C. 10. Address signage shall be provided at the alley entrances off the public streets for homes that don't have frontage on a public street.Address numbers shall also be provided on the rear of structures visible from the alley for emergency responders. 11. A private street application shall be submitted concurrently with the final plat application for approval of the private street. Compliance with the standards listed in UDC 11-3F-4 is required. City of Meridian I Department Report IV. City/Agency Comments &Conditions 12. The preliminary 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 as set forth in UDC 11-6B-7A; or obtain approval of a time extension as set forth in UDC 11-6B-7C. See the Agency Comments folder in the project file in the public record for other City and Agency comments and conditions: (copy the link into a separate browser) https.Ilweblink.meridiancity.orz/WebLink/browse.aspx?id=360421&dbid=0&repo MeridianCit V V. FINDINGS A. Preliminary Plat(UDC-6B-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; The City Council finds the proposed plat is in conformance with the Comprehensive Plan and will be consistent with the UDC if the Applicant complies with the above-noted conditions. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services are currently being extended and will be available to serve the site and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's C1P. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. VI. ACTION A. Staff: Staff recommends approval of the proposed preliminary plat with the conditions listed above in Section IV. B. Commission: The Meridian Planning&Zoning Commission heard these items on November 7,2024. At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing: a. In favor: Amanda McNutt,Brighton Corp, City of Meridian I Department Report V. Findings b. In opposition: None C. Commentina: None d. Written testimony: Amanda McNutt,Brighton Corp, e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) public testimony a. The Applicant submitted a letter agreeing with the staff report conditions. 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s) for City Council: a. None C. City Council: The Meridian City Council heard this item on December 10,2024. At the public hearing the Council moved to approve the subject PP request. 1. Summary of City Council public hearing_ a. In favor: Amanda McNutt,Brighton Corp. b. In opposition: None C. Commenting: Brian White d. Written testimony: Amanda McNutt,Brighton Corp. e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) public testimony a. Mr.White expressed concern with the high cost of Comprehensive Plan map amendment applications and concerns pertaining to development requirements for his property; a. The Applicant submitted a letter agreeing with the staff report conditions. 3. Key issue(s)of discussion by Council: a. None 4. Council change(s)to Commission recommendation: a. 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Service Accessibility Report PARCEL S1131438975 SERVICE ACCESSIBILITY Overall Score: 1S 7th Percentile Description Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time > 9 min. RED Emergency Services Police Meets response time goals some of the time YELLMN Pathways Within 1/4 mile of current pathways GREEN Transit Not within 1/4 of current or future transit route RED Ultimate configuration (#of lanes in master streets Arterial Road Buildout Status YELLOIN plan) > existing (# of lanes) & road iS in 5 yr work plan School Walking Proximity From 1/2 to 1 mile walking YELLOW Schaal Drivability Not within 2 miles driving of existing or future school RED Either a Regional Park within 1 mile OR a Community Park Walkability Park within 1/2 mile OR Neighborhood Parkwithi- GREEN 1/4 mile walking Report generated on 10-24-2g2E by MERIGIAN'�salle,� City of Meridian I Department Report VII. Exhibits C. Preliminary Plat(date: 7/28/2024) NOIllf1N15NOD NOd iGN-AWNINIINd ® �S u�lll l�llll—�� � 9 �a S]8� 9 � p I I 14 9 O y Z f/7 v~i ri I O m S I &{53 Ln } Cw 0 O¢ anvvau ® Wwmlv�sut 1itl3 O e a_q Q =m0 O ❑Z zza� � a 0 w X 5� d d 5 g i a�§ fI $ Y _ — 3 a 449 as iR s §E d � HAT City of Meridian Department Report VII. Exhibits N01J:)n11I5N0]110!ION-AH VNI W I1311d .4 1 _� x� ti �•I�. I ¢ 14 111111 u 'LM�Iblilwls / / •1 �.� . c a !—�— R / gip /i III Itl if :III 1 2e -- / I TF � II I I l •. �___ •v�� .o Ls 3,Li,91mx .• Y•' .— III�� 1 � ee�w—per es�` vi�ve '` y I C I II e v. se�y sx• —— -- ——'-- _ L SI r\, — 4\ I 222E vr� City of Meridian Department Report VII. Exhibits NO1J:)n1115NO:)HOd ION-A11V NI W I1311d I ilil36 p f 3F Y p Al 71 b ' _7 tT I �• s 09 s_ I Nos a 7i z '� as a = ° AA - � OVO� $ s m� x" a ��] .t• � O moos $ o�F ¢ z '91 r Po® �A I �a�P -- w $aa�¢ a O a A 1� De ®e ®e CJg -8 OOa ®s ®e TIT . xncit3n.o w� OcxxVlr�s II - I as T _ II I N7 II II I I � I = II as cj 2 I I I I rraeis — I I I a I I II a�Gd�,.�8 PIP � .os b°s 3_zs.9�.00x P Lei"fl � IP a U 2@g5@g0 -5;419'1 - ---- - - ---- - - ---- — — — - - ---- - -- - - - -- -- 88j"'ec'a lip xs 15 � City of Meridian Department Report VII. Exhibits A Landscape Plan (date: 7/30/2024) NOI mUISNO3 UOi ION-AkIVNIW 11311d g� 5esasa �I d a s a 6 E� I § o ^ a s x _ a a Y e; @ s¢e a _z Z 5 €I � ^ � " ^ ,a opoFGa oo. � a �gga Ya Gb £ C1 9 g i6. gls d 4'a 4eg® � gRR4my�d i Ig vo y+ RJR'!R w� ER •� - 0 .-. � a���a a $§�. � e€���'�3 � g5e W -lnrJwnwxx �I 0° 'II Os tl0 II i 30 .•.I W��§���y � �e�€a'��.��@@r�8�. 3 �����a%���e�� nW �� _� I i a0 -�'.• '. � i -.r. � �g "'� � €�� a s� a'awes h NVI �¢ FA My 9 -sa §a U a 11 u.' e a^ sip'��dam� a C5W ��a�a4zg �'e4 4}} i u L E yp� 9 Eg aeg .1 •l'.- ak °ad 4 r. .d 335 II__I 1 O'Zldd 33s B�tl€w �y� a g �^ ® eW4gk ni b ltltldtl10N 3tlfLLfl3 1tltld V1ON'3171 M� jj I'n figg y =5 4 g� flee W �G o �4E z r= 'Ipe� — cc €€ 93g €0 9 gg e9ae r, yd a� I NI y� I � P '3MSdD1'S � z r a °fig Q neni S �H^� (C I I City of Meridian Department Report VII. Exhibits NouanNISNOD UOJ ION-AUVNI W Il3Nd �03 � €e s each°;e ���R , i tw gt m p a _�� x " §"fie' x a ffi ff^a� s s.ag-�aa xw s o v vi&1 W z ��� §�agg a � ��� a rpp egg" ,€"-sY �� a� z F.= �F�4 i gig--a C �a9 ��!j iB I eRg�g� may ${� 6r ppG� gy" S g� m :. .. b pgp $ $$ A p W. . 8 � dq y€IP _ a ftl It r ' i f I i id I - > L I -III i _ �` _n pr,�•T -A .III e I J I A o o ® I o �' F S� g a I I I � Z -w- - - _ I II IF �I J -- ------ ----I W Cr - - OII HS'INtld tl10N'3YILLN - � � ^� City of Meridian Department Report VII. Exhibits E. Qualified Open Space Exhibit(date: 6/26/2024)& Site Amenity Detail � 96 ��'a e e 9 88 �F gREg I� ■■ � a Rigs o C9 o a o o 0 0 0 LI 0 1 0 o O 'i O 11 W L I I an I I � I 5 — � I W II = w � W 31MIHY SdOli � � � � aE 1 y Z i qc 5 �p m r s C� i{ Y 3YM31YllMY19frss ---- __— C S 6 6 iw; City of Meridian Department Report VII. Exhibits .- .. • . . � es��='—=�=�K==,mot,...:. '..�... ��� Fi >: j�� ��� o' a o 0 0 0 0 0 0 o m m m m �� i ;ICI ��� �. ��� +�0'� © fn e'1 m m m m �1 4�1 �'�� � 1��� �� ��` ��'�°� ���rntml� � � fir . ,�� � -�;i u �;� ° � © m m ® o m © o �� a d © 4L © ® O d �14 p Gi 0 © m b b o �i �� � � l _- ��� � Y� ' � V ��� - �� i■ �. ,� � "�L. � _� � _ ,� ' - - %-- ����. - - - - - -_ - �_ _ j. ,.�►" p .. �, es* ti. t �`' 1� . \`` .,,� �:��:. �� F. Conceptual Building Elevations Single Family Detached Carriage Lane 7-1Z a _ !i Single Family Attached (paired) Carriage Lane C 1011 �I Jim City of Meridian Department Report VII. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Black Cat East (H-2024-0047) by Sawtooth Development, located at 935 S. Black Cat Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER A In the Matter of the Request for Annexation and Development Agreement Modification,by Sawtooth Development. Case No(s). H-2024-0047 For the City Council Hearing Date of: December 3r1,2024 (Findings on December 17',2024) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of December 3rd, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 3rd, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 3rd, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 17', 2024, incorporated by reference) B. Conclusions of Law I. 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 I I 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 December 3rd, 2024, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 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 Annexation and a Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 3',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 11-6B-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 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.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 11- 613-7C). 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(Black Cat East—H-2024-0047) -2- City Code Title 11(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 § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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 §§ 67-652 1(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 December 3`a,2024. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -3- By action of the City Council at its regular meeting held on the 17 day of December 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 12-17-2024 Attest: Chris Johnson 12-17-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 12-17-2024 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -4- Exhibit A COMMUNITY DEVELOPMENT E IDIAN�-- DEPARTMENT REPORT HEARING 11/7/2024 Legend DATE: Project Location TO: Planning&Zoning Commission Area of impact �= City Limits _ FROM: Nick Napoli,Associate Planner O Analysis �_y 208-884-5533 nnapoli@meridiancity.org ------- `- APPLICANT: Brandon Swanson SUBJECT: H-2024-0047 - Black Cat East %? 9 LOCATION: Located at 935 S.Black Cat Road in the NE 1/4 of the SE '/4 of Section 16,T.3N., R.1 W. I. PROJECT OVERVIEW A. Summary Annexation of 3.62 acres of land with the I-L zoning district to construct an approximately 74,365 square foot industrial building. This application also includes a modification to the development agreement to include this property in the development agreement for Black Cat Industrial (H-2021-0064). B. Recommendation Staff. Approval Commission Recommendation: Approval C. Decision City Council: Approved FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -5- II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential in Ada County - Proposed Land Use(s) Industrial - Existing/Proposed Zoning RUT Ada County Zoning/I-L(Light Industrial) V.A.2 Future Land Use Designation Mixed Employment V.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 7/25/2024 Neighborhood Meeting 7/18/2024 Site posting date 10/28/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District III.D • Comments Received Yes - • Commission Action Required No 1 - • Access W.Grand Mogul Way and N.Black Cat Road(Collector and Arterial roads) • Traffic Level of Service Better than E ' - ITD Comments Received Yes Meridian Public Works Wastewater 1 • Distance to Mainline Stubbed to site • Impacts or Concerns No Meridian Public Works Water • Distance to Mainline Stubbed to site • Impacts or Concerns No Note: See section IV. City/Agency Comments & Conditions or the public record at Public Record for agency comments received on this application. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -6- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview The subject property is within the Ten Mile Interchange Specific Area Plan (TMISAP) and designated as Mixed Employment on the Future Land Use Map(FLUM). This designation is described by the TMISAP as an area to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. Mixed Employment areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises. Mixed density employment will accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. In the Mixed Employment FLUM designation,the preferred zoning is M-E,however other zones may be appropriate when/if it is determined the requesting zone aligns with the vision of the plan and integrates with surrounding properties. The applicant is requesting to annex this property with the I-L zoning district. The reason for their request for this zone is to integrate the proposed development with the existing Black Cat Industrial development that is currently underway, which is also zoned I-L. Staff finds I-L zoning is appropriate for this property based on the development occurring in the area. Table 4: Proiect Overview Description Details History H-2021-0064 AZ;DA Inst#2022-082504 Acreage 3.62 acres B. History and Process This property was part of the initial application for Black Cat Industrial(H-2021-0064),but it was not annexed at that time. The applicant is now seeking annexation to integrate this property into the surrounding development and align it with broader planning efforts in the area. While I-L is not the preferred zone in the Mixed-Employment designation,the City Council previously approved a request for this zone in the surrounding development. Due to this,the applicant requests the same exceptions granted by the City Council in the previous application to ensure cohesive and consistent development. The development agreement stipulates that certain road improvements are required when specific square footage thresholds are met. Currently,the site has 559,295 square feet of industrial space under development, and this application will bring the total to over 600,000 square feet once constructed. When the total exceeds 960,000 square feet,the following improvements shall be completed prior to 1,500,000 square feet being reached per the DA and ACHD recommendations: Black Cat Road will be widened to five lanes between Grand Mogul Drive and Franklin;the intersection of Black Cat and Franklin must be upgraded; and the intersection of McDermott and Franklin will need to be improved with a two-way left turn lane unless Franklin has already been widened to five lanes. Note: City Council previously found that the Center met the goals of the TMISAP. The inclusion of the Property within the Center's boundaries is a continuation of that approval and allows the Property to be developed in accord with the larger industrial business complex. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -7- C. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): The applicant seeks to annex and zone the property as Light Industrial(I-L),which allows for a variety of uses. The narrative states the Black Cat Business Center would provide in- demand manufacturing,heavier office build-out, flex industrial and accessory retail, warehousing and distributing facilities in this region. Currently,the existing Development Agreement limits certain activities, specifically prohibiting"storage facility, self-service"and vehicle impound sales and repair unless conducted entirely indoors. This restriction aims to support industrial users and job creation. The property will remain subject to the same Development Agreement provisions,along with additional requirements as specified in Section III. According to the concept plan,the predominant use appears to be warehousing and distribution,which is consistent with the surrounding area and aligns with the City Council's previous approval. Given this consistency, staff recommends that this parcel be developed in accordance with that approval to ensure an integrated approach. 2. Dimensional Standards (UDC 11-2): The I-L zoning district requires a 35' street setback,20' landscape buffer along collector streets, 25' wide buffer along arterial streets, and allows height up to 50'. The concept plan and elevations submitted appear to meet these requirements. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 20-foot wide landscape buffer is required adjacent to collector streets (W. Grand Mogul Drive), and a 25-foot wide buffer required adjacent to arterial streets(S. Black Cat Rd). These buffers shall be landscaped per the standards in UDC 11-3B-7C. Landscaping requirements will be analyzed with the Certificate of Zoning Compliance. ii. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-313-8. The requirements include 5 ft.perimeter adjacent to streets and islands of at least 50 sq. ft. per every 12 parking spaces. These requirements will be analyzed with the Certificate of Zoning Compliance. iii. Tree preservation A Tree Mitigation Plan should be submitted with the Certificate of Zoning Compliance detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-1OC.5. iv. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along S. Black Cat Road. v. Pathway landscaping It appears that 5 feet of landscaping is provided on both sides of the proposed pathways. However,these requirements will be analyzed with the Certificate of Zoning Compliance. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -8- 2. Parking (UDC 11-3C): i. Nonresidential parking analysis UDC 11-3C-6 requires one space for every two thousand(2,000) sq. ft. of gross floor area in industrial districts. The applicant is proposing 69 parking spaces on the concept plan which exceeds the 37 spaces that are required with the building(74,365 square feet). ii. Bicycle parking analysis A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is not depicted and the plans shall be revised to incorporate the location of the bicycle parking with the Certificate of Zoning Compliance submittal that meet these requirements. The applicant has agreed to include bicycle parking with future submittals. 3. Building Elevations (Comp Plan,Architectural Standards Manual): Goals 5.01.02C and 2.09.03A of the comprehensive plan promote area beautification and community identity through heightened design standards providing distinct and engaging identities. In response,the developer is proposing a large one-story industrial building(with higher ceilings and upper windows to appear as two-story)comprised of tilt-up concrete,moderate to large setbacks from the street,and frontages below the required 30%fenestration requirement along public streets as mentioned in the ASM. Primary entrances are oriented inward toward the parking lots rather than toward the street(N. Black Cat Road). The applicant's narrative states that due to security and visibility concerns, lack of access to directly to Black Cat Road,and frontage parking being discouraged, the light industrial use of the buildings does not support windows across the entire frontage.As an alternative,they propose enhanced glazing at corner entry elements as shown in the renderings. The Architectural Standards Manual requires modulation in the surface plane at intervals of no less than 50 feet. It also requires at least two pedestrian-scale architectural features and physical distinctions to anchor the building, along with a minimum of two different field materials and one accent material. The DA mandates adherence to the TMISAP design guidelines and the ASM. Since the ASM sets a more stringent requirement of 30% fenestration compared to the 20% specified by the TMISAP, compliance with the ASM(30% fenestration) is necessary. However,the applicant may request a design standards exception during the review process to potentially reduce the fenestration to 20%in accordance with the TMISAP. Given the building's prominent location at the corner of Black Cat and 1-84,the applicant shall increase the fenestration to meet the 30%requirement or apply for a design standard exception. This adjustment should be evident on the northern section of the east-facing fagade,which is visible before the overpass. Additionally, staff recommends adding landscaping at the base of the east fagade to create pedestrian-scale elements while helping break up the building's fagade. While staff believes the current proposal may struggle to meet all design requirements outlined in TMISAP for Mixed Employment—such as variations in building height,primary frontage orientation, and ground-floor transparency—the City Council previously determined that the Center met TMISAP goals. Including this Property within the Center's boundaries FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -9- continues that approval and allows for its development in alignment with the larger industrial business complex. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.0213 emphasizes reducing the number of access points onto arterial streets by utilizing strategies such as cross-access agreements, access management, and the creation of frontage and backage roads,while also improving connectivity between local and collector streets. Access is proposed from W. Grand Mogul Drive(a collector street)using an existing curb cut and private drive aisle leading to this property. The road infrastructure in the surrounding area is as follows: W.Franklin Road to the west of the subject property is presently 2 lanes with no curb, gutter or sidewalk. S. Black Cat Road. is presently 2 lanes with no curb,gutter or sidewalk. The ACHD Capital Improvements Integrated Five Year Work Plan(IFYWP) shows the intersection of Franklin Road and McDermott Road to be constructed as a multi-lane roundabout sometime after 2027. Black Cat Road is listed to be widened to 5 lanes between W. Overland Road.to W. Franklin Road in 2036 to 2040. W. Franklin Road. is planned to be widened to 5 lanes between W. McDermott Rd and S.Black Cat Rd sometime after 2028. W. Franklin Road is eventually intended to connect to SH 16 by a signalized intersection. In 2022, a traffic impact study was completed with the previous application and is not required with this application. However,the TIS addressed concerns regarding traffic from this development and it was found that the infrastructure will be able to manage the 2.2 million square feet that will be developed within the broader project. This property was included in that scope. Since this approval,there has been a significant amount of development in the vicinity that is either being built or has been approved. This includes 378,360 square feet of commercial and industrial uses across Black Cat Road as a part of Farmstone(H-2023-0045),256 residential building lots to the northeast as a part of Avani Subdivision(H-2023-0049), 552 Dwelling units as a part of Vanguard Village, 330 single family lots and 240 apartments as a part of Braya Subdivision, and a large amount of commercial, industrial, and residential in the District at Ten Mile,which contribute impacts to the area roadways. These developments also have requirements and restrictions on development until certain road improvements are completed. Specific to this applicant,the development agreement specifies that certain road improvements are required once specific square footage thresholds are reached. Currently,the site features 559,295 square feet of industrial space under development,and this application will increase the total to over 600,000 square feet once constructed. When the total exceeds 960,000 square feet,the following improvements shall be completed prior to 1,500,000 square feet being reached per the DA and ACHD recommendations: Black Cat Road will be widened to five lanes between Grand Mogul Drive and Franklin; the intersection of Black Cat and Franklin must be upgraded; and the McDermott and Franklin intersection will need enhancements, including a two-way left turn lane,unless Franklin has already been widened to five lanes. 2. Multiuse Pathways and Sidewalks (UDC 11-3A-17) (UDC 11-3A-5): The previously approved multi-use pathway is located along W. Grand Mogul Drive. This application proposes an extension of the detached multi-use pathways along the collector road(W. Grand Mogul Drive). However,the applicant has informed staff that the 10-foot multi-use pathway has already been installed. Staff will require the pathway to be shown and FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 10- dimensioned as 10-feet with submittal of the certificate of zoning compliance. The concept plan also includes a 5-foot detached sidewalk along S. Black Cat Road,which terminates in the middle of the parcel. ACHD has approved the construction of a 5-foot detached sidewalk, and staff supports this recommendation because a 5-foot detached sidewalk has already been constructed on N. Black Cat north of this site.While the City usually mandates a 10-foot detached sidewalk along arterial roads,discussions with the applicant,ACHD, and the Parks Department have led staff to favor the 5-foot width in this case. Furthermore, staff recommends installing signage to alert pedestrians about the sidewalk's end. Additionally,the concept plan indicates detached sidewalks of an unspecified width paralleling the new collector street on the north portion of the site. There is no pedestrian connection from this sidewalk to the front entrances for any of the suites. The applicant shall provide a pedestrian connection point to the entrances of the suites. If the pedestrian walkway crosses vehicular driving surfaces, it is required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the development as set forth in UDC 11-3A-15. 2. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. 3. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division Prior to approval of the annexation ordinance, an addendum to the DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. A certificate of zoning compliance shall not be submitted until the amended DA and Ordinance is approved by City Council. The addendum to 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 addendum to the DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 11 - a. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VIII and the provisions contained herein. b. The applicant shall comply with the design standards in the existing development agreement(Instrument# 2022-082504)with the addition of the following provisions. ArehiteeWfal Standards Manual or apply fOF a design standard exeeptie fenestration to meet an average of 3090; of feaestr-a4ion r-e"ir-ed in the ,; in aeeer-danee with TA it • "Notwithstanding M provision in the TMISAP development guidelines or the Architectural Standards Manual, the eastern facade of the conceptual building depicted in Section VIII of the Modification Findings shall satisfX fenestration requirements by incorporating a minimum of 10% fenestration on the northern half of the eastern facade." • The east side of the building shall incorporate landscaping at the base of the building to provide pedestrian scale elements and break up the wall plane. Planning Division comments related to future application submittals: 1. Provide a pedestrian connection point to the entrances of the suites. If the pedestrian walkway crosses vehicular driving surfaces, it is required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks. 2. Signage shall be installed ahead of the pathway ending along N. Black Cat Road to warn pedestrians of the ending walkway. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 12- B. Meridian Public Works +,wastewater olstance to Sewer Awailabde at Site ServirR5 + Sewer Shed ■ Estimated PFOjeCt See appl Itation Sewer ERU's r WERF Declining Palarrcp Project Corrsisteryt y25 with WW Master Plan{Facili rPlan + Impacts{enrroerns • + See Publ le Works Slte S cilfic Condltians Water + Dista rice toWater Water Avail abieatSite Services + PressumZwe • Esti mated Project See appl leatlon Water ER Ur, • )NaterQuality None + Project Consistent Yes with Water Master Plan IfnPacWCGnQrri% Nof1E>- NON-PLAT CONDITIONS PUBLIC 4VOKY4 DEPARTLMENT Site Specific Cond Wow of Approval I.. if a W01 a 1pcated On the site it rnLLst be abanduned per r uiatury nyuirrmci t+,and pmnf of abandonrticni must be provided w the City. 2. Ensure no sewer services pass through infiltration trettcks. 3_ Provide 20'Easements for mains_by&rant laterals and water wvices. Easements should extend up t-r the end of main+hydnindwmLe metrr And l4'beycmd it- 5- No permanent stroc=es(trees,bushes,buildings,carports,trash receptacle walls,fences, infiltration trenches, light poles,et-C_)tobe wilt within the utility casement. General Conditions of Approval I_ Appltcanc sbalI coordinate water and sewer main size and routing with the Public Works Deparunent_ 2. PCr Mvridian City Code(MCC'),the applicant shall be respimsible to install sewer and water urains to and through this devclopmcni. Applicw)t maybe cligiblc For a reimburscn,cni agreemcni for infiwttuclurc enhancem ent pCr MCC 8-6-5. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 13- C. Meridian Park's Department (:�WE ID�N Parks and Recreation Reviewer: Kim Warren J Pathways Project Manager Planner Assigned; Nick Napoli Project Name: Black CatEa3t File No:H-2024-b047—AZ,MDA Date: revised 10.21.2024 The following will be required for developmentof the proposed project: CON DITIDNS OF APPROVAL—PATHWAYS-REVISED 1. The project developer shall design and construct multi-use pathways consistent with the location and specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document Chapter 3). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager_ 2. PriortDfinal approval the applicant shall dedicate a public access easement for A10'*0^de FR- t-„sepa%h ay Rd w;114 a;1Al_C;F2R 1 RAeou1 9P_ detached 10Y wide sidewalks along both sides of W.Grand Mogul Dr- Ease m E!nts sha I I be a minimum of 1V wide(1Q'pathway+2'shoulder eachside). Easement need only be dedicated for multiuse pathways(or portions of the pathway)that lie outside the public ROW. Use standard City tempfute for public artess easement Submit aN easements online through Citizen's Armes PorW. 3. Construct rnulti-use pathways per paving section based on existing site conditions as recommended by project civil engineer in accord with UDC 11-3A-8 and 11-313-12. Prior to final approval the applicant's engineer shall provide written documentation that the pathway segment was constructed per the recommended specifications_ 4. The owner(or representative association)of the property affected by each public access easement shall havean ongoing ob ligation to maintain the multi-use pathway. 5. 6'high open vision fencingshall be installed between pathways and(live)water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan,Chapter 3,page 3-5_ All other fence details per UDC 11- 3A-7. 6. Project d eve lopershall be responsible for obtaining license agreementa rid other permission(s)as required for constructing within irrigation district easements. 7. Should any discrepancy exist between these conditions of approval and the requirements of the irrigation district,the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives.City requirements as stated shall not(nor are they intended to) override those of the irrigation district having jurisdiction over the project area. D. Ada County Highway District(ACHD) FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 14- ACHD Alexis *c i President MI ra+Ydd Gdd,V e reslc�ent ]im Hann,n,Cpmmi55igrrr<r Kenr Ga1tltharpr,{amrn1"or&r baxw McKinney.CAmrnlWprrer Date:October 9,2024 To: Brandon Swanson,Sawtooth Development Elizabeth Koeckeritz,Givens Pursley Staff Contact:Sam Standal,Assistant Traffic Engineer Project Description: Black Cat East Rezone and Annexation Trip Generation_ This development is estimated to generate 330 vehicle trips per day, 33 vehicle trip per hour in the PM peak hour, based on the Institute of Transportation Engineer's Trip Generation Manual,111h edition_ ■ - Traffic I mpact study All ACHD Policies required Area Roadway Level of ACHD Planned Service Improvements Performance M-easures LOS Planning Thresholds in ■ prove is Transit Available:, Comments; The tables above list the existing conciitionsof the surround ing roadways without the proposed development as this application is for annexation connecting you to more FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 15- IV. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Based on previous approvals, City Council finds the proposed development is consistent with the TMISAP designation of Mixed Employment and the proposed development will be a continuation of the Black Cat Industrial Business Complex. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to I-L is not the preferred zoning in Mixed-Employment, however I-L is consistent with the current zoning in this area and the planned uses for the building support the purpose statement of the I- L zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; This application proposes to annex 3.62 acres of property designated as an employment center with the I-L zoning district to allow a "modern industrial business"center with a concept plan that resembles a warehousing and distribution uses. The City Council finds the proposed development will not be detrimental to the public health, safety, and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation and zone of I-L to be in the best interest of the city due to City Councils previous approval for the larger surrounding development. This will allow the property to develop in accord with the larger industrial business complex. IV. ACTION A. Staff: Staff recommend approval of the proposed annexation with the requirement of a Development Agreement. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 16- B. Commission: The Meridian Planning & Zoning Commission heard these items on November 7th, 2024. At the public hearing, the Commission moved to recommend approval of the subject annexation and development agreement modification requests. 1. Summary of Commission public hearing_: a. In favor: Clay Sammis and Elizabeth Koeckeritz b. In opposition: None c. Commenting None d. Written testimony: None e. Staff presenting application: Nick Napoli f Other Staff commenting on application: None 2. Key issue(s) of public testimon: a. None 3. Key issue(s) of discussion by Commission: a. Fenestration on the eastern facade. 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s)ssue(s) for City Council: a. Fenestration on the eastern facade. C. City Council: The Meridian City Council heard these items on December 3rd, 2024. At the public hearing, the Council moved to approve the subject annexation and development agreement modification requests. 1. Summary of the City Council public hearing, a. In favor: Clay Sammis and Elizabeth Koeckeritz b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: None 2. Key issue(s) of public testimony, a. None 3. Key issue(s) of discussion by City Council: a. Fenestration on the eastern facade. 4. City Council change(s)to Commission recommendation: a. Adopt the new DA provision as proposed by the applicant. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 17- V. EXHIBITS A. Project Area Maps o Project Overview) 1. Aerial Legend Project •Area • Impact -. 0 Analysis le�,h 0 E{ m FINDINGS OF • • OF • ORDER FOR 1 11 2. Zoning Map Legend Project Location JIT M1 Area of Impact ! C C2 RUT O Analysis - - m `1 R-8 R-15 R-40 s i . ,O TN-C I-L C-C WE R1 ----- H-E RI RR e � R'�-RI-$ 3. Future Land Use Legend Project Location Area of Impact OAnalysis Mixed `` — m Employment _ High Density �, Residential General _I -Low Med-High Density Ind tricl Density Residential •�� Employment MU-Res MU-Com _ High Density Employment Low Density _ Residential MU-N Medium Density Commercial Residential FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) - 19- 4. Planned Development Map Legend � O Project Location Area of Impact City Limits Planned Parcels OAnalysis J ''I RE El 1 �Illlll�l� 1 i 1 I 9 p � 1 Q Y' 1 1 _ 1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -20- B. Subject Site Photos 3�. - _ S FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -21 - A FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -22- C. Service Accessibility Report Overall Score: 2 1 st Percentile Description Lccation Within 1/2 mile of City Limits YELLM-V Extension Sewer Trunkshed mains ­� 500 ft. from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time > 9 min. RED Emergency Services Police Not enough data to report average response time RED Pathways Within 1/4 mile of future pathways YELLM-V Transit Not within 114 of current or future transit route RED Ultimate configuration (#of lanes in master streets Arterial Road Buildout Status plan) > existing (# of lanes) & road IS NOT in 5 yr work RED plan School Walking Proximity From 1/2 to 1 mile walking YELLOIkf School Drivability Not within 2 miles driving of existing or future school P RED Parklalkability No park within walking distance by parktype RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -23- A Site Plan(date: 7/1/2024) ; lop industrial L I-= u I COMMrWX PAW -_ BULGNGL arm WE PLAN -- - - i --- r--. -- G1.0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -24- E. Building Elevations (date: 7/1/2024) VLMK Cm C9 m ma EM m indwinol T IT T T Tr=- T T T T T T nim �-'T T T T T T T T T III 1 7 mm, —1-119 Elm 11 o6 - y y Yy 1py 17y w y y V—:E-:o Revised Eastern Fagade: M ��rELEV wDm FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -25- F. Annexation Legal Description& Exhibit Map THE Page 1 of 1 LAND GROUP July 11.ZC24 Pfo)ect No.1211412 EXHIBIT A BLACK CAI RUAD—BUILDING L AHNLXArION I]ESCRIPTR}N A parcel of land located in the Northeast[garter of the Southeast quarter of Section 16, 1awr►ship 3 North,Range 1 West,Boise Mer.dian,Ada County,Idaha,being more particularly described as follows- Commencing at the East quarter Corner of Section 16 of said rownship 3 North, Range 1 West,[from which pant the 5ectlon Corner common to SecOons 9,10,1S and 16 of sakd 1 ownshlp 3 North,Range 1 West hea rs South CV 43'6l'West,a distance of 265635 feet distant], hence from sand Last quarter Comef,south OW 43'4!'west,a distance of 99.89 feet an the East line of said Section 16 to the PUIN1 CH BEGINNING, Thence continwrrg Savth OT 43'07"West,a distance of 4A-M feet on said East line; Thence North 29.16'SY West.a dmtance of 341,152 feet Thence North DY 46'01"East,a distance of 454.28 feet; T1r,er,ee South 89' 16' 53" Esst, a distance of 341.44 feet on said least line to the PLMNI UI HILUNNING. he a"e descnhed parcel contains 3-62 acres more or le& PREPARED BY: HIE LAND C:RLNJP,INC. ~L P. 7880 I z �1-11-2D24 t James R.Washbum �PC pf P_lPk 402 Ees7 S4orr Drive.Suee 100,Eagle.Stleho M610 206.1M.4041 thelendgmup rw urn FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Black Cat East—H-2024-0047) -26- - - - RW g,�1 E 114 � m SEC.m zE M- | | | | 2ƒ � ma ?| kQCC OUL3 PM*3E[- CA �1Em m g -,�-- 1 0 | | � § _ | � ,uE?5 3-W 34 H ; LAN, § q a ^7k80 G \ 02. @3 2 S-2 -IM | #,� SECOK SEC-,B | EMS'- � | NDrkm&&Ww.-,@ 121 c _+_»y_ THE Building L _ 91 LAND Black C Industrial S |B GROUP Annexation Description FINDING O FACT,CONCL am OF LAW AND DECISION i ORDER FOR(Black Cat East-x mk-q) -27- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Agreement for Supply to Western States Equipment Company of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services for the Not-To-Exceed amount of$211,914.12 C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: 12/17/2024 Presenter: Consent Estimated Time: N/A Topic: Approval of Agreement for Supply to Western States Equipment Company of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services for the Not-To-Exceed amount of$211,914.12 Recommended Council Action: Approval of Agreement for Supply to Western States Equipment Company of Caterpillar Generators, Generator Parallel Switchgear, Controls, Software, and System Upgrade Services for the Not-To- Exceed amount of $211,914.12 and authorize the Procurement Manager to sign and to issue the resulting purchase order. Background: In addition to Council approval on 10/1/2024 of the Sole Source for Western States Equipment Company, the Public Works Department also requests this Agreement for Supply. 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. AGREEMENT FOR THE SUPPLY OF GENERATOR PARALLEL SWITCHGEAR UPGRADE FOR WRRF PROJECT# 11406.A THIS AGREEMENT FOR SERVICES, SUPPLIES, EQUIPMENT is made this 2nd Day of December, 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, Western States Equipment Company, hereinafter referred to as "Contractor", whose business address is 400 E. Overland Rd., Meridian, ID 83642. INTRODUCTION WHEREAS, the City has a need for Generator Parallel Switchgear Upgrade for WRRF per established specifications; and WHEREAS, the Contractor 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 Contractor shall supply the services, supplies, and equipment 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 within this Agreement and Contractors Estimate# QID155638 by which by this reference are incorporated herein. 1.2 The Contractor 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 Contractor 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. 2. Consideration 2.1 The Contractor 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 amount of$211,914.12. 2.2 The Contractor shall provide the City with a detailed invoice upon delivery Generator Parallel Switchgear Upgrade For WRRF Page 1 of 14 Project# 11406.A 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 Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. City shall pay interest on all late payments, calculated daily, and compounded monthly at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. City shall also reimburse Contractor for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys' fees. 2.3 Except as expressly provided in this Agreement, Contractor 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, Contractor 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 is fixed and agreed firm for the entire length of this Agreement including any subsequent years thereafter. Any proposed pricing modification to Exhibit B "Agreement Pricing Schedule" 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 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 (a) completion of the agreed work, (b) or unless sooner terminated as provided in Section 2.4, Sections 4.2 or 4.3, and Section 5 below or unless some other method or time of termination is listed in Exhibits A or B. Generator Parallel Switchgear Upgrade For WRRF Page 2 of 14 Project# 11406.A 4.2 Should Contractor 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 Contractor. 4.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor at the Contractor'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: 5.1 If,through any cause, Contractor, 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 City 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 Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall, at the option of the City, become its property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent Contractor, and neither Contractor nor any officer, employee or agent of Contractor will be deemed an employee of City. Except as expressly provided in Attachment A, Contractor 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 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor 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 Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. Generator Parallel Switchgear Upgrade For WRRF Page 3 of 14 Project# 11406.A 7. Indemnification and Insurance: 7.1 Contractor 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, resulting from, or in connection with the performance of this Agreement by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of City or its employees. 7.2 Contractor shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, 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, Contractor 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, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor'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 Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Contractor 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. 7.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.4 To the extent of the indemnity in this contract, Contractor'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 Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor'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. Generator Parallel Switchgear Upgrade For WRRF Page 4 of 14 Project# 11406.A 7.5 All insurance coverages for Contractors subs shall be subject to all of the insurance and indemnity requirements stated herein. 7.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 8. Warranty: City acknowledges that (i) Contractor is not the manufacturer of the equipment and goods; (ii) if the equipment and goods include a manufacturer's warranty, Contractor will pass through to City the manufacturer's warranty to the extent permitted by the terms of such warranty; and (iii) the manufacturer's warranty will be subject to all conditions and exclusions set forth therein. Upon request, Contractor shall provide City a copy of the applicable manufacturer's warranty. For services purchased by City from Contractor, Contractor warrants that its services will be performed and completed in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services, with such service warranty extending for twelve (12) months, commencing from completion of the original Services. For example, if the service warranty is for a period of twelve months from completion of the original services,then if Contractor performs a repair pursuant to its service warranty, the warranty period remains twelve months from completion of the original services; the twelve-month service warranty period does not start over with the repair. If replacement parts or goods used by Contractor in connection with the provision of services include a manufacturer's warranty, Contractor will pass such warranty through to City to the extent permitted by the terms of the manufacturer's warranty. Contractor's service warranty will be voided in the event of any of the following: misuse or abuse of goods by City; subsequent repairs performed by City or vendors other than Contractor; use beyond ordinary wear and tear; failure to maintain and operate goods in accordance with the maintenance and operations manual of the manufacturer (including, but not limited to, use of fluids that do not meet the manufacturer's standards or failure to maintain fluid levels recommended by the manufacturer); or damage to the goods or equipment due to theft, vandalism or casualty. During the limited warranty, if any, as provided herein, if, for any reason, the equipment and goods do not perform satisfactorily, Contractor may repair or replace the equipment and goods or any part thereof, at its option, without affecting any of the terms of this Agreement. This remedy does not apply if the equipment and goods have failed or performs less than satisfactorily due to City's improper use of the equipment and goods, accident (including, damage during shipment), neglect, abuse, misuse, or exposure of the equipment and goods to conditions beyond capacity, power, environmental design limits, or operation constraints, as specified by Contractor and/or the equipment and goods manufacturer. City is responsible for all expenses related to repair or replacement due to these causes. CONTRACTOR MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) Generator Parallel Switchgear Upgrade For WRRF Page 5 of 14 Project# 11406.A WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY CONTRACTOR, OR ANY OTHER PERSON ON CONTRACTOR'S BEHALF, EXCEPT AS SPECIFICALLY SET FORTH IN THIS SALES AGREEMENT. ALTHOUGH CONTRACTOR MAY ADMINISTER WARRANTIES ISSUED BY A MANUFACTURER, CUSTOMER ACKNOWLEDGES AND AGREES THAT (1) ANY EXPRESS WARRANTIES BY SUCH MANUFACTURER ARE NOT THE RESPONSIBILITY OF CONTRACTOR ; (2) SUCH MANUFACTURER'S WARRANTY MAY CONTAIN LIMITATIONS; AND (3) CUSTOMER MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES BY CONTRACTOR WHICH ARE NOT COVERED BY SUCH MANUFACTURER'S WARRANTY. 9. Limitation of Liability: In no event will Contractor, its subsidiaries, affiliates, agents or employees be liable for any liquidated, incidental, indirect, exemplary, punitive, enhanced, special, or consequential damages in connection with, arising out of, or relating to this Agreement or furnishing of any equipment, goods, services or other items or any third party's ownership, maintenance, or use of any equipment, goods, services or other items furnished under this Agreement, including, but not limited to, lost profits or revenues, loss of use of the equipment and goods or any associated goods, damage to associated goods, costs of capital, cost of substitute goods, or claims of City for such damages, whether or not the possibility of such damages has been disclosed in advance or could have been reasonably foreseen by City, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. Contractor is not responsible for meeting any federal, state, local or municipal code, rules, regulations, or specifications (whether statutory, regulatory, or contractual), unless City specifies it in writing and Contractor agrees to it in writing. City agrees that it has selected the equipment and goods, and associated equipment and goods, based upon its own judgment and particular needs and disclaims any reliance upon any statements, advice, or presentations made by Contractor. IN NO EVENT SHALL CONTRACTOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS SALES AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF AGREEMENT, WARRANTY, STRICT LIABILITY TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWICE THE TOTAL OF THE AMOUNTS PAID TO CONTRACTOR PURSUANT TO THE APPLICABLE ORDER GIVING RISE TO THE CLAIM. The parties recognize that the pricing associated with equipment and goods reflects this allocation of risk and is the basis of the bargain between the parties. 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: CONTRACTOR: City of Meridian Western States Equipment Company Procurement Manager Attn: Dick Kleint 33 E Broadway Ave. 400 E. Overland Rd. Generator Parallel Switchgear Upgrade For WRRF Page 6 of 14 Project# 11406.A Meridian, ID 83642 Meridian, ID 83642 Phone: 208-489-0417 Phone: 208-473-8985 Email: dick.kleint@wseco.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. 13. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor 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, Contractor 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 Contractor 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 Contractor's records with respect to all matters covered by this Agreement. Contractor 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. Generator Parallel Switchgear Upgrade For WRRF Page 7 of 14 Project# 11406.A 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. 18. Compliance with Laws: In performing the scope of work required hereunder, Contractor 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, Contractor hereby certifies: A. That Contractor 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 Contractor 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 Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, 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. 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 Generator Parallel Switchgear Upgrade For WRRF Page 8 of 14 Project# 11406.A 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: WESTERN STATES EQUIPMENT COMPANY.: BY: BY: z—" KEITH WATTS, Procurement Manager Jesikah Luangaphay, VP, Finance DATED: 12-17-2024 DATED: Dec 2, 2024 Project Manager David Briggs Generator Parallel Switchgear Upgrade For WRRF Page 9 of 14 Project# 11406.A EXHIBIT A SPECIFICATIONS&REQUIREMENTS SCOPE OF WORK Meridian WWTP -Generator Parrallelling Gear Upgrade Project Schedule: Project to begin on or around February 18 of 2025 and will take 4-6 weeks. The City will require a minimum of 2 weeks to demo wire and pull wire before Contractor arrives on site to begin the detailed scope provided below. The City and Contractor will coordinate the schedule for this stage once the projects starts. Project Includes: • Contractor will provide and install four (4) New CAT EMCP 4.4 control panel kits. (one for each generator) o These will replace the existing controls with a newer controls that have paralleling capabilities and remote communication that will communicate generator, engine and switchgear data to your plant SCADA system. • Contractor will provide one (1) CAT EMCP 4.4 Master Control. to be installed by the city. o The Master Control is the dashboard that sums all the information from the four (4) generator controls and allows operation of the entire system via a touch- screen monitor built into the Master Control. • There are eight (8) existing breakers, four (4) on the generator sets and four (4) in the old switchgear cabinets. They will all be tested and certified by Contractor and will remain where they are. o Existing switchgear line-up with bussing and breakers will remain. o Old switchgear controls, gauges and relays will be deactivated, with a coordinated effort between City and Contractor but will not be removed by Contractor. • The master control will be mounted by the city. Delivery of the Master Control shall be a minimum of 4 weeks prior to Contractor beginning their work. Generator Parallel Switchgear Upgrade For WRRF Page 10 of 14 Project# 11406.A • The wire from the generators to the Master Control are to be routed, supplied and pulled by the city. The city has determined the existing conduits and switchgear will be sufficient. o Wire schedule will be provided by Contractor with the submittal documents. Delivery of the Master Control shall be a minimum of 4 weeks prior to Contractor beginning their work. • System commissioning and testing will be joint effort between Meridian SCADA team (Marshal) and Contractor's startup team. o Confirm City SCADA system can obtain all information required from the master controller. Jacobs needs to be provided with a data map by Contractor before the start up meeting. o Contractor will provide data map(s)to the City and Jacobs Engineering with the Master Controller or shortly afterwards before the generator demo takes place. • Contractor will provide drawings with detailed schematics and wire schedules showing where wires are to be terminated (transfer switch, etc.) and is responsible for terminating them as agreed to within this scope of work. • Contractor understands the City will provide emergency power as needed as emergency power is not included in this scope of work. • The following contains detail as to what existing wiring is to be removed/ replaced - and state who will be doing this work. o Wires to be replaced are the control wires from the Engine Controls to the switchgear and to the Master Control performed by the City of Meridian. o Contractor will inform the city what type of wire to run and how many and assist by answering questions either on site or over the phone and through drawings/documents reviewed by approximately 11.22.24 with what wires to remove. o Large main AC lead wires from breaker to breaker to buss will remain. o Additional wiring may need to be added from the City ATS (outside) to the switchgear. Contractor will look at the ATS to see how many wires are currently pulled from the ATS to the Switchgear. Western States also needs to check and see if"Form C" contacts are in the ATS. Pulling wire from the ATS to the gear (if required) are the responsibility of the City. Generator Parallel Switchgear Upgrade For WRRF Page 11 of 14 Project# 11406.A • The following details exactly what will be provided with the "wire schedule " by Contractor. o The wire schedule will be provided by Contractor also putting together the EMCP 4.4 engine control kits. o The Contractor will create the wire schedule upon the Contractor's receipt of the PO from the City. o The reason for this is they are custom panels designed for your site. • Please define who is responsible for terminating, and labeling all the wiring o Contractor will label and terminate all the control wires from the generators to the Master Control. o City of Meridian will pull the wire and coil up in the switchgear, and Master Control as coordinated by Contractor and as specified in Contractor's provided drawings/documents. • Please define who is providing as-builds for each generator and for the gear/ main controller. o Contractor will provide as-builds. o Due to this being a custom project, the as-build drawings will be provided approximately 4 weeks after completion. • Please confirm Contractor will be inspecting the existing electrical buss and re-torquing all connections as if it were a new install. o Contractor will NOT inspect the buss or retorquing the buss connections. o Contractor or its employees are not licensed electricians. • Please confirm a detailed testing and start up plan, which includes all SCADA interfacing, will be included. o Contractor will be performing the startup on the generators and testing of the paralleling switchgear system. o Contractor will provide register numbers (data map) and help the City's SCADA project management team by answering questions over the phone or in person. o A start up plan submitted by Contractor must be approved by the City a Minimum of 4 weeks (assumed January 20, 2025) before the beginning of demo which is anticipated to begin February 18, 2025. Generator Parallel Switchgear Upgrade For WRRF Page 12 of 14 Project# 11406.A o An in-person start up meeting will be held approximately January 27, 2025, with Contractor, Jacobs Engineering, and City after the plan has been approved and before the demo has begun. o Data map to be included with document(s)to be approved by the City. • Please identify how much of the 4-6-week shutdown time is allocated for the city to perform demo, install etc. o Contractor and City will work in the room together to minimize down time. o Contractor will do a walk through with the City's project management team prior to beginning work. o The Master Control is currently located at the Contractor's facility, and it will be delivered to the City upon the Contractor's receipt of PO from the City. o The generator shutdown date will be approximately February 18, 2025. At final acceptance, a one (1) year warranty will be provided. Generator Parallel Switchgear Upgrade For WRRF Page 13 of 14 Project# 11406.A EXHIBIT B AGREEMENT PAYMENT SCHEDULE Agreement includes the purchase/supply/delivery of Generator Parallel Switchgear Upgrade for WRRF including Any incidentals as required for this chemical. Line Item pricing below will be used for invoice verification and any additional increases/decreases in work requested by City. The City will pay the Contractor based on this actual quantity purchased /supplied /delivered of these services, supplies, and equipment in accordance with the Agreement documents. AGREEMENT PRICING SCHEDULE Estimated Item No. Description Quantity UOM Total Cost 1 Generator Parallel Switchgear Upgrade For WRRF 1 LS $211,914.12 Generator Parallel Switchgear Upgrade For WRRF Page 14 of 14 Project# 11406.A 2024-11 -27 Agreement For Supply - Generator Parallel Switchgear Upgrade For WRRF (WSE Comments 12-2-24) Final Audit Report 2024-12-03 Created: 2024-12-02 By: Fallon Urquhart(Fallon.Urquhart@wseco.com) Status: Signed Transaction ID: CBJCHBCAABAARVnmtclx3lNMm6P QRVoYzavLYO9rQGf "2024-11 -27 Agreement For Supply - Generator Parallel Switchg ear Upgrade For WRRF (WSE Comments 12-2-24)" History Document created by Fallon Urquhart (Fallon.Urquhart@wseco.com) 2024-12-02-10:15:36 PM GMT Document emailed to Jesikah Luangaphay Qesikah.luangaphay@wseco.com) for signature 2024-12-02-10:25:12 PM GMT Email viewed by Jesikah Luangaphay Qesikah.luangaphay@wseco.com) 2024-12-03-0:22:26 AM GMT Document e-signed by Jesikah Luangaphay Qesikah.luangaphay@wseco.com) Signature Date:2024-12-03-0:22:44 AM GMT-Time Source:server Agreement completed. 2024-12-03-0:22:44 AM GMT Adobe Acrobat Sign 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 Approval 6,1(6s Date: 10/1/2024 estor(Print Nam Purchasing L1 4 JAW Approval: Departme t Manager Signature P chasing Manager CUERPILLAR" Caterpillar Inc. 100 NE Adams Street Peoria,IL 61629 September 25,2024 Mr. Keith Watts,CPPB Procurement Manager City of Meridian,Finance 33 E. Broadway Avenue Meridian,Idaho 83642 Re: Authorized Caterpillar Dealer Dear Mr.Watts: Western States Equipment Co. with its primary offices at 500 E. Overland,Meridian, ID 83642 ("Dealer"),is an authorized independent dealer of various models of Cat®branded machines, equipment, engines, oils, and spare parts("Cat®products"). As an authorized Cat dealer,Dealer provides prompt, competent services for Cat®products in the entire State of Idaho(the"Service Territory"). Dealer is the only Cat dealer with approved business locations in the Service Territory;however,Caterpillar dealers may sell or service Cat®products outside of their respective Service Territory. If you have any questions concerning Caterpillar or Cat dealers,or require additional information, please contact me at the number below. Sincerely, Doupamilton Director Regional Dealer Finance Americas Distribution& Service Division Western& Canada Region (309)675-8472 DJK•cgh125SEP2024 cc: Brian C. Larsen,Vice President,General Counsel,The Terteling Company Inc. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to Cascade Enterprises, Inc. for Well# 29 Pumping Facility Upgrades for the Not-To-Exceed Amount of$233,000.00 (::� VE N DIAN:--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: December 17, 2024 Presenter: Consent Estimated Time: N/A Topic: Approval of Construction Contract to Cascade Enterprises, Inc. for Well# 29 Pumping Facility Upgrades for the Not-To-Exceed Amount of$233,000.00 Recommended Council Action: Approval of Construction Contract to Cascade Enterprises, Inc. for Wel## 29 Pumping Facility Upgrades for the Not-To-Exceed amount of$233,000.00 and authorize the Procurement Manager to sign and to issue the resulting purchase order. Background: • This Construction Contract is the result of Formal Bid# PW-2508-10461.Q as three (3) bids were received. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 12/18/2024 REQUESTING DEPARTMENT Public Works Project Name: Well#29 Pumping Facility Upgrades Project Manager: Brent Blake Contract Amount: $233,000.00 Contractor/Consultant/Design Engineer: Cascade Enterprises, Inc. Is this a change order? yes ❑ No 0 Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 62 Budget Available(Purchasing attach report): Department 3490 Yes 0 No ❑ Construction 0 GL Account 96129 FY Budget: FY 25 Task Order ❑ Project Number: 10461.Q Enhancement: Yes 0 No ❑ Professional Service ❑ Supplies or Equipment ❑ Will the project cross fiscal years? Yes❑ No 0 Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑� No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes ❑✓ No ❑ If no please state circumstances and conclusion: Date Award Posted: December 6,2024 7 day protest period ends: December 13,2024 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 003516134 Expiration Date: 10/31/2025 Corporation Status Active Insurance Certificates Received(Date): 12/10/2024 Expiration Date: 12/31/2024 Rating: A+ Payment and Performance Bonds Received(Date): 12/10/2024 Rating: 100% Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: TBD Approval Date December 17,2024 By: City Council Purchase Order NO.: TBD Date Issued: TBD WH5 submitted TBD (Only for PW Construction Projects) NTP Date: TBD Contract Request Checklist.5.24.2016.Final CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL# 29 PUMPING FACILITY UPGRADES PROJECT # 10461 . Q THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 6th Day of December, 2024 , and entered into by and between the City of Meridian , a municipalcorporation organized under the laws of the State of Idaho, hereinafter referred to as "City" , 33 East Broadway Avenue, Meridian , Idaho 83642 , Cascade Enterprises , Inc. , hereinafter referred to as "Contractor' , whose business address is 8067 W. Mossy Cup St. , Boise, ID 83709 and whose Idaho Public Works Contractor License # is PWC-C-003516134 . INTRODUCTION WHEREAS , the City has a need for services involving Well# 29 Pumping Facility Upgrades; and WHEREAS , the Contractor is specially trained , experienced and competentto perform and has agreed to provide such services; NOW, THEREFORE , in consideration of the mutual promises , covenants, terms and conditions hereinafter contained , the parties agree as follows: TERMS AND CONDITIONS 1 . Scope of Work: 1 . 1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed , all services and work, and comply in all respects , as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1 .2 All documents , drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If anysuch work is copyrightable , the Contractor may copyright the same , except that, asto any work which is copyrighted by the Contractor, the City reserves a royalty-free, non- exclusive, and irrevocable license to reproduce , publish and use such work, orany part thereof, and to authorize others to do so . 1 . 3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal , state and City laws, ordinances , regulations and resolutions . The Contractor Well# 29 Pumping Facility Upgrades Project# 10461 .Q 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. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied , as part of this Agreement. IA Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to . The Schedule of Work may be revised from time to time upon mutual written consent of the parties . I Consideration 2 . 1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B " Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $233 , 000 . 2 . 2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants , of fees earned and costs incurred for services provided during the billing period , which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2. 3 Except as expressly provided in this Agreement, Contractor 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 or material escalations. Specifically, Contractor 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. I Term : 3. 1 This agreement shall become effective upon execution by both parties , and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2 , 3 . 3, and Section 4 below or unless some other method or time of termination is listed in Exhibits A or B . 3.2 Should Contractor 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 Contractor. Well# 29 Pumping Facility Upgrades Project# 10461 .Q 3 . 3 Should City fail to timely remit payment to Contractor as provided in Section 28 , Contractor, at the Contractor'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 . 4. Liquidated Damages : Substantial Completion shall be accomplished within 120 (One Hundred Twenty) calendar days from Notice to Proceed . This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities , both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500 (Five Hundred Dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed , the Contractor shall have 150 Days (One Hundred Fifty) calendar days to complete the work as described herein . Contractor shall beliable to the City for any delay beyond this time period in the amount of $500 (Five Hundred Dollars) per calendar day. Such payment shall be construed tobe liquidated damages by the Contractor in lieu of any claim or damage because ofsuch delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion . 5. Termination : 5 . 1 If, through any cause, Contractor, its officers, employees , or agents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants , agreements , or stipulations of this Agreement, falsifies anyrecord 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 City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate of such termination . Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents , data , and reports prepared by Contractor under this Agreementshall , at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5 .2 Notwithstanding the above, Contractor shall not be relieved of liability tothe City for damages sustained by the City by virtue of any breach of this Agreement Well# 29 Pumping Facility Upgrades Project# 10461 . Q by Contractor, and the City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount ofdamages due the City from Contractor is determined . This provision shallsurvive the termination of this agreement and shall not relieve Contractor of bliability to the City for damages . 6. Independent Contractor: 6 . 1 In all matters pertaining to this agreement, Contractor shall be acting as an independent Contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor 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 ofthe personnel of the City in the performance of this agreement shall be made bythe City. 6. 1 Contractor, its agents, officers , and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Contractors and not as employees of the City. 6 .2 Contractor shall determine the method , details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor 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 Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7, Sub-Contractors : Contractor shall require that all of its sub-Contractors be licensed per State of Idaho Statute # 54- 1901 & 54- 1902 . 8 . Removal of Unsatisfactory Employees : The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9 . Indemnification and Insurance : 9. 1 Contractor shall indemnify and save and hold harmless City and it'selected officials, officers, employees , agents, and volunteers from and for any and all losses, claims, actions , judgments for damages , or injury to persons or propertyand losses and expenses and other costs including litigation costs and attorney'sfees, arising Well# 29 Pumping Facility Upgrades Project# 10461 . Q out of, resulting from , or in connection with the performance of this Agreement by the Contractor, its servants, agents , officers , employees , guests , and business invitees, and not caused by or arising out of the tortious conduct of City or its employees . Contractor shall maintain , and specificallyagrees that it will maintain , throughout the term of this Agreement, liabilityirisurance , in which the City shall be named an additional insured in the minimumamounts as follow: General Liability One Million Dollars ($ 1 , 000, 000) per incidentor occurrence , Automobile Liability Insurance One Million Dollars ($ 1 , 000 , 000) perincident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof 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 , Contractor covenants and agrees to indemnify and save and hold harmlessCity from and for all such losses , claims , actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subContractors and resulting in or attributable topersonal injury, death , or damage or destruction to tangible or intangible property, including use of. Contractor shall provide City with a Certificate of Insurance , or other proof of insurance evidencing Contractor'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 Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed , Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City PurchasingAgent with a copy to Meridian City Accounting , 33 East Broadway Avenue, Meridian , Idaho 83642 . 9 . 2 Insurance is to be placed with an Idaho admitted insurerwith a Best's rating of no less than A- . 9. 3 Any deductibles, self-insured retention , or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond , cash or letter of credit guaranteeing payment of losses and related investigations , claim administration and defense expenses . 9A To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers , officials, employees and volunteers. Any insurance or self-insurance maintained bythe Cityor the City's elected officers , officials , employees and volunteers shall be excess ofthe Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9 . 5 The Contractor'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. Well# 29 Pumping Facility Upgrades Project# 10461 .Q 9. 6 All insurance coverages for subContractors shall be subject to all of the insurance and indemnity requirements stated herein . 9 . 7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subContractors. 10 . 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 . 11 . Bonds : Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC , which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than X. In the event that the contract is subsequently terminated for failure to perform , the Contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services . 12. Warranty : All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work . 13 . 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 Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes : The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items Well# 29 Pumping Facility Upgrades Project# 10461 . Q purchased by the City and used by a Contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing . 15. Meridian Stormwater Specifications : All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual . The CSWMP manual containing the procedures and guidelines can be found at this address : http ://www. meridianCity. oral/environmental , aspx?id = 13618 . Contractor shall retain all stormwater and erosion control documentation generated m site during construction including the SWPPP manual , field inspections and amendments . Prior to final acceptance of the job by the City the Contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N . O .T. with the EPA form shall be provided to the City with the documents. These documents shall be retained , reviewed and approved by the City prior to final acceptance of the project. 16 . ACHD : Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees , fines , or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with , the term and scope of this Agreement. 17. Reports and Information : 17 . 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 asthe City may request pertaining to matters covered by this Agreement. 17. 2 Contractor 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 everyother means of recording upon any tangible thing , any form of communication or representation including letters, words , pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections : At any time during normal business hours and as often as the City may deem Well# 29 Pumping Facility Upgrades Project# 10461 .Q necessary, there shall be made available to the City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor 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 datarelating to all matters covered by this Agreement. 19. 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. 20. Equal Employment Opportunity : In performing the work herein , Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U . S . Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion , sex, national origin , age, political affiliation , marital status , or handicap . Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion , sex, national origin, age, political affiliation , marital status , or handicap . In performing the Work required herein, CONTRACTOR 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. 21 . Employment of Bona Fide Idaho Residents : Contractor must comply with Idaho State Statute 44- 1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents as employees on any job under any such contract except where under such contracts fifty (50) or less persons are employed , the Contractor may employ ten percent ( 10%) nonresidents, provided , however, in all cases employers must give preference to the employment of bona fide residents in the performance of said work. 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. 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 Well# 29 Pumping Facility Upgrades Project# 10461 . Q 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. 24. 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 . 26 . 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 . 26. 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 . 27. Assignment: It is expressly agreed and understood by the parties hereto , that Contractor shall not have the right to assign , transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent of City. 28 . Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing . City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission . Retainage of five percent (5%) of the current contract value will be withheld from the final pay application (s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 29. Cleanup : Contractor shall keep the worksite clean and free from debris . At completion of work and prior to requesting final inspection , the Contractor shall remove all traces Well# 29 Pumping Facility Upgrades Project# 10461 . Q of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed . 30 . Order of Precedence : The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31 . Compliance with Laws : In performing the scope of work required hereunder, Contractor shall comply Vball applicable laws , ordinances , and codes of Federal , State , and localgovernments. 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 . Certifications . Pursuant to Idaho Code §§ 67-2359 and 67-2346 , Contractor hereby certifies : A. That Contractor 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 Contractor 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 . 32 . 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: CONTRACTOR : City of Meridian Cascade Enterprises , Inc. Procurement Manager Attn : Joseph Hendricks , President 33 E Broadway Ave . 8067 W. Mossy Cup St. Meridian , ID 83642 Boise , ID 83709 208-489-0417 Phone : 208-3434009 Email : joseph@cascade-enterprises, corn Idaho Public Works Contractor License#: PWC-C-003516134 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 . Well# 29 Pumping Facility Upgrades Project# 10461 .Q 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: CASCADE ENTERPISI�S; I-NC.: BY: BY: - KEITH WATTS, Procurement Manger JOSEPH/' ENDRIC S, President 12-17-2024 4 DATED: DATED: Approved by Council Date: (if needed) 12-17-2024 Project Manager: Brent Blake Well# 29 Pumping Facility Upgrades Project# 10461.Q EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID ( PW-2508 -10461 . Q ) ALL ADDENDUMS , ATTACHMENTS , AND EXHIBITS included in the Invitation to Bid Package # ( PW-2508 -10461 . Q) , are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the current version of the City of Meridian Supplemental Specifications to the ISPWC (and any Addendums) . The overall project includes upgrading the following components , and associated appurtenances , within the existing Well #29 Pumping Facility Building : • Well pump and Motor Variable Frequency Drive • Heating , Ventilation and Air Conditioning • Discharge Piping The City will supply the Variable Frequency Drive . The Contractor will supply the Well Pump and Motor, Heating , Ventilation and Air Conditioning , Discharge Piping . See the following separate attached document . • Document 5 - Drawings~Plans For Well# 29 Pumping Facility Upgrades (29 Pgs. ) Well# 29 Pumping Facility Upgrades Project# 10461 . Q EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Contract shall not exceed $233 , 000 . 00 . MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 120 Days From Date of NTP Milestone 2 Final Completion 1 150 Days From Date of NTP PRICING SCHEDULE Contract includes furnishing all labor, materials , equipment and incidentals as required for Well# 29 Pumping Facility Upgrades per ITB BID# PW-2508-10461 . Q . NOT-TO-EXCEED AMOUNT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$233,000.00 Contract 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 Contractor based on actual quantities of each item of work in accordance with the contract documents. CONTRACT PRICING SCHEDULE Item Quantity Description Required Unit Unit Price Total Cost No. q 1 Mobilization, Asset Management, O&M 1 LS $14, 000 , 00 $149000, 00 2 Pump Removal 1 LS $ 13,000. 00 $13, 000. 00 3 Vertical Turbine Pump, WL Transducer 1 LS $ 110, 000, 00 $ 110,000,00 4 12" Inch Flow Meter, 12" Inch Dip 1 LS $19, 000.00 $ 193000, 00 5 HVAC 1 LS $38, 000, 00 $38, 000 . 00 6 Misc. (Grating, Chlorine Injection , Structural) 1 LS $3%000 . 00 $39, 000, 00 Well# 29 Pumping Facility Upgrades Project# 10461 .Q w IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to Irminger Construction, Inc. for Well 31- Water Treatment Facility-Construction for the Not-To-Exceed Amount of$1,599,528.00 (::� VE N DIAN:--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: December 17, 2024 Presenter: Consent Estimated Time: N/A Topic: Approval of Construction Contract to Irminger Construction, Inc. for Well 31-Water Treatment Facility-Construction for the Not-To-Exceed Amount of$1,599,528.00 Recommended Council Action: Approval of Construction Contract to Irminger Construction, Inc. for Well 31-WaterTreatment Facility-Construction for the Not-To-Exceed amount of $1,599,528.00 and authorize the Procurement Manager to sign and to issue the resulting purchase order. Background: • This Construction Contract is the result of Formal Bid# PW-2506-10650.h. Seven (7) bids were received. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 12/18/2024 REQUESTING DEPARTMENT Public Works Project Name: Well 31-Water Treatment Facility-Construction Project Manager: Tyson Glock Contract Amount: $1,599,528.00 Contractor/Consultant/Design Engineer: Irminger Construction, Inc. Is this a change order? yes ❑ No ❑� Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 62 Budget Available(Purchasing attach report): Department 3490 Yes 0 No ❑ Construction 0 GL Account 96175 FY Budget: FY 25 Task Order ❑ Project Number: 10650.h Enhancement: Yes ❑ No 0 Professional Service ❑ Supplies or Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑� No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes ❑✓ No ❑ If no please state circumstances and conclusion: Date Award Posted: November 13,2024 7 day protest period ends: November 20,2024 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 26529 Expiration Date: 1/31/2026 Corporation Status Active Insurance Certificates Received(Date): 11/26/2024 Expiration Date: 3/11/2025 Rating: A- Payment and Performance Bonds Received(Date): 11/26/2024 Rating: 100% Builders Risk Ins.Req'd: Yes 0 No ❑ If yes,has policy been purchased? In-Progress (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: TBD Approval Date December 17,2024 By: City Council Purchase Order NO.: TBD Date Issued: TBD WH5 submitted TBD (Only for PW Construction Projects) NTP Date: TBD Contract Request Checklist.5.24.2016.Final CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 31-WATER TREATMENT FACILITY-CONSTRUCTION PROJECT # 10650.h THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 22nd Day of November, 2024, and entered into by and between the City of Meridian, a municipalcorporation organized under the laws of the State of Idaho, hereinafter referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, Irminger Construction, Inc., hereinafter referred to as "Contractor", whose business address is 21227 Van Slyke Rd., Wilder, ID 83676 and whose Public Works Contractor License # is PWC-C-026529. INTRODUCTION WHEREAS, the City has a need for services involving Well 31-Water Treatment Facility-Construction; and WHEREAS, the Contractor is specially trained, experienced and competentto perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If anysuch work is copyrightable, the Contractor may copyright the same, except that, asto any work which is copyrighted by the Contractor, the City reserves a royalty-free, non- exclusive, and irrevocable license to reproduce, publish and use such work, orany part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and City laws, ordinances, regulations and resolutions. The Contractor Well 31-Water Treatment Facility-Construction Project# 10650.h 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. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Nat-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $1,599,528.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor 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 or material escalations. Specifically, Contractor 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. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibits A or B. 3.2 Should Contractor 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 Contractor. Well 31-Water Treatment Facility-Construction Project# 10650.h 3.3 Should City fail to timely remit payment to Contractor as provided in Section 28, Contractor, at the Contractor'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. 4. Liquidated Damages: Substantial Completion shall be accomplished within 210 (Two Hundred Ten) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefitof the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor small be liable to the City for any delay beyond this time period in the amount of $300 (Three Hundred Dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 240 (Two Hundred Forty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of$300 (Three Hundred Dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because ofsuch delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, Contractor, its officers, employees, or agents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord 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 City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate of such termination. Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe City for damages sustained by the City by virtue of any breach of this Agreement by Contractor, and the City may withhold any payments to Contractor for the Well 31-Water Treatment Facility-Construction Project# 10650.h purposes of set-off until such time as the exact amount ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of tliability to the City for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent Contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor 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 ofthe personnel of the City in the performance of this agreement shall be made bythe City. 6.1 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Contractors and not as employees of the City. 6.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor 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 Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-Contractors be licensed per State of Idaho Statute # 54-1901 & 54-1902. 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 Contractor shall indemnify and save and hold harmless City and it'selected officials,officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or propertyand losses and expenses and other costs including litigation costs and attorney'sfees, arising out of, resulting from, or in connection with the performance of this Agreement by Well 31-Water Treatment Facility-Construction Project# 10650.h the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain ands ecificall a rees that it will maintain throughout the term of this Agreement, liabilit insurance in which the City shall be named an additional insured in the minimumamounts as follow: General Liability One Million Dollars ($1,000,000) per incidentor occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000)perincident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof 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, Contractor covenants and agrees to indemnify and save and hold harmlessCity from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs,agents, representatives or subContractors and resulting in or attributable topersonal injury, death, or damage or destruction to tangible or intangible property, including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor'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 Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City PurchasingAgent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor'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 Cityor the City's elected officers, officials, employees and volunteers shall be excess ofthe Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor'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. Well 31-Water Treatment Facility-Construction Project# 10650.1) 9.6 All insurance coverages for subContractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subContractors. 10. 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. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a park hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the Contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. 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 Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items Well 31-Water Treatment Facility-Construction Project# 10650.h purchased by the City and used by a Contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http:llwww.meridianCity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated rn site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the Contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 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 asthe City may request pertaining to matters covered by this Agreement. 17.2 Contractor 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. Well 31-Water Treatment Facility-Construction Project# 10650.h 18. Audits and Inspections: 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 Contractor's records with respect to all matters covered by this Agreement. Contractor 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 datarelating to all matters covered by this Agreement. 19. 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. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VIl of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR 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. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents as employees on any job under any such contract except where under such contracts fifty (50) or less persons are employed, the Contractor may employ ten percent (10%) nonresidents, provided, however, in all cases employers must give preference to the employment of bona fide residents in the performance of said work. 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. Well 31-Water Treatment Facility-Construction Project# 10650.h 23. 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. 24. 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. 25. 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. 26. 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. 27. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent of City. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. Well 31-Water Treatment Facility-Construction Project# 10650.h 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall comply vhall applicable laws, ordinances, and codes of Federal, State, and localgovernments. 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. Certifications. Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies: A. That Contractor 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 Contractor 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. 32. 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: CONTRACTQR: City of Meridian Iriminger Construction, Inc. Procurement Manager Attn: Travis Conger 33 E Broadway Ave. 21227 Van Slyke Rd. Meridian, ID 83642 Wilder, ID 83676 208-489-0417 Phone: 208-800-9616 Email: iccitravis@gmail.com Public Works Contractor License#: PWC-C-026529 Well 31-Water Treatment Facility-Construction Project# 10650.h 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. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: IRMINGER CONSTRUCTION, INC.: BY: BY: KEITH WATTS, Procurement Manger TRAVIS CONG , President 12-17-2024 DATED: DATED: Approved by Council Date: (if needed) 12-17-2024 Project Manager Tyson Glock Well 31-Water Treatment Facility-Construction Project# 10650.h EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID (PW-2506-10650.h) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # (PW-2506-10650.h), are by this reference made a part hereof. SPECIFICATIONS 1 SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (1SPWC), the current version of the City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See the following separate attached document: • Document 5 - Technical Specifications For Well 31-Water Treatment Facility-Construction (498 Pgs.) • Document 6 - Drawings-Plans For Well 31-Water Treatment Facility-Construction (84 Pgs.) • Document 7 - Geotechnical Report (26 Pgs.) Well 31-Water Treatment Facility-Construction Project# 10650.h EXHIBIT B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Contract shall not exceed $1 ,599,528.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 210 Days From Date of NTP Milestone 2 Final Completion 240 Days From Date of NTP PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for Well 31-Water Treatment Facility-Construction per ITB BID# PW-2506-10650.h. NOT-TO-EXCEED AMOUNT.............................................$'1,599,528.00 Contract 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 Contractor based on actual quantities of each item of work in accordance with the contract documents. CONTRACT PRICING SCHEDULE Item Quantity Description Required Unit Unit Price Total Cost No. 1 Mobilization (5%) 1 LS $35,261.00 $35,261.00 2 Construction Traffic Control 1 LS $3,604.00 $3,604.00 3 Storm Water and Erosion Control 1 LS $572.00 $572.00 4 Clearing and Grubbing/Demolition (Non-Building) 1 LS $14,190.00 $14,190.00 5 Tree Removal 2 EA $1,915.00 $3,830.00 6 Asphalt Paving 4,230 SF $9.00 $38,070.00 7 8" PVC Sanitary Sewer 147 LF $111.00 $16,317.00 8 4' Dia. Manhole < 10 Feet Deep 1 LS $7,129.00 $7,129.00 9 Air Gap Discharge Structure 1 LS $16,611.00 $16,611.00 Well 31-Water Treatment Facility-Construction Project# 10650.h 10 6" PVC Water Main 22 LF $378.00 $8,316.00 11 8" HDPE Water Main 147 LF $513.00 $75,411.00 12 Abandon Existing Water Main & Cap 1 LS $3,436.00 $3,436.00 13 1-112" Inch Water Service Connection 1 LS $8,574.00 $8,574.00 14 Connect to Existing Water Main 1 LS $13,344.00 $13,344.00 15 Connect to Existing Manhole 1 EA $985.00 $985.00 16 8' Steel Fence 230 LF $198.00 $45,540.00 17 20' Swing Gate 1 EA $8,447.00 $8,447.00 18 3.5' Swing Gate 2 EA $3,379.00 $6,758.00 19 Concrete Flatwork (Sidewalk, Steps) 35 SY $756.00 $26,460.00 20 Drainage Sump 1 LS $15,743.00 $15,743.00 21 Pipe Bollards 9 EA $817.00 $7,353.00 22 Landscaping (Includes New Landscaping, Re-Sod, 1 LS $37,863.00 $37,863.00 Sprinkler Repair/Relocation) 23 Relocate Electrical Service 1 LS $9,573.00 $9,573.00 24 Gas Service Line (For Future Service) 1 LS $704.00 $704.00 25 Removal of Building (Demolition) 1 LS $9,573.00 $9,573.00 26 Remove and Retain Equipment 1 LS $3,379.00 $3,379.00 27 Building & Tank Foundations and Floor Slab 1 LS $98,723.00 $98,723.00 28 Building (Includes Roof, Gutters, Building 1 LS $238,934.00 $238,934.00 Coatings, Stairs, Handrails, etc. 29 Catwalk Framing and Grating 1 LS $58,107.00 $58,107.00 30 Electrical (Site, Building & Equipment) 1 L5 1$338,991.00 $338,991.00 31 Instrumentation and Control 1 LS $59,239.00 $59,239.00 32 HVAC Equipment 1 LS $42,558.00 $42,558.00 33 Plumbing 1 LS $30,953.00 $30,953.00 34 Process Piping and Equipment 1 LS $81,068.00 $81,068.00 Well 31-Water Treatment Facility-Construction Project# 10650.h 35 Workbench 1 EA $4,313.00 $4,313.00 36 Wall Cabinet 1 EA $1,661.00 $1,661.00 37 Chlorine Analyzer 2 EA $8,221.00 $16,442.00 38 Sodium Hypochlorite Metering Pump 1 LS $22,016.00 $22,016.00 39 Sodium Hypochlorite Storage Tank 1 LS $13,940.00 $13,940.00 40 Sodium Hypochlorite Containment Tank 1 LS $36,309.00 $36,309.00 41 Install Filter Equipment Package 1 LS $16,856.00 $16,856.00 42 Startup and Commissioning 1 LS $36,366.00 $36,366.00 43 Well Pump Replacement 1 LS $68,671.00 $68,671.00 44 1" Inch Water Service Connection (Irrigation) 1 LS $13,058.00 $13,058.00 45 Relocate Yard Hydrant (Includes Vacuum 1 LS $2,030,00 $2,030.00 Breaker, Drain Pipe Modifications 46 Exploratory Excavation 3 EA $750.00 $2,250.00 Well 31-Water Treatment Facility-Construction Project# 10650.h v IDIAN� AGENDA ITEM ITEM TOPIC: Dog Licensing Designee Agreements Between the City of Meridian and Meridian Veterinary Hospital, Pet Care Clinic, and Settler's Park Veterinary Hospital fE R DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 18th day of November, 2024, 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, and Meridian Veterinary Hospital, hereinafter referred to as "Licensing Designee," whose business address is 421 W Franklin Road, Meridian, Idaho 83642 . A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee' s issuance of dog licenses on City' s behalf. By entering into this agreement, both parties seek to : 1 ) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3 (D) . B. Time of Performance: This agreement shall be effective from January 1 , 2025 to December 31 , 2025 , C. Designation of authority: City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of Licensing Designee: 1. Issuance of dog licenses : Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3 (A)(2), including, but not limited to : a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e. , whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies . 2024 DOG LICENSING DESIGNEE AGREEMENT ® PAGE 1 OF 5 3. Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times. 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City' s behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City' s behalf; and b. A true and correct copy of the Licensing Designee ' s monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth ( IOth) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Clerk' s review and accounting of Licensing Designee' s issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee' s obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee' s assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City : 1. Provision of dog license tags : City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee' s logs . In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 5 F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City- G. Hold Harmless : In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees. H. 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, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows : Meridian Veterinary Hospital, 421 W Franklin Road, Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited : In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: 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. M. Audits and Inspections : At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee' s records with respect to all matters covered by this Agreement. 2024 DOG LICENSING DESIGNEE AGREEMENT 6 PAGE 3 OF 5 N. Compliance with Laws : In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1 . Written notice: If, through any cause, Licensing Designee, 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 Meridian 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 Licensing Designee at least fifteen ( 15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen ( 15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City' s behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. 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. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 2024 DOG LICENSING DESIGNEE AGREEMENT a PAGE 4 OF 5 S. 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. T. ApprovaI required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: MERIDIAN VETERINARY HOSPITAL Designee's Signature r} Print Name CITY OF MERIDIAN BY: Robert E. Simison, Mayor 12-17-2024 Attest: Chris Johnson, City Clerk 12-17-2024 2024 DOG LICENSING DESIGNEE AGREEMENT®PAGE 5 oP 5 I DAMIEN DIAN �-- - HO DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 18th day of November, 2024, 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, and Settlers Park Veterinary Hospital, hereinafter referred to as "Licensing Designee, " whose business address is 3220 N . Meridian Road, Meridian, Idaho 83646 . A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee ' s issuance of dog licenses on City' s behalf. By entering into this agreement, both parties seek to : 1 ) encourage and facilitate the licensing of all dogs within the City of Meridian, and 2) implement the provisions of Meridian City Code section &2-3 (D) . B. Time of Performance : This agreement shall be effective from January 1 , 2025 to December 31 , 2025 . C. Designation of authority : City hereby authorizes and empowers Licensing Designee to issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code. . D . Responsibilities of Licensing Designee : 1 . Issuance of dog licenses : Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section &2-3 (A) (2), including, but not limited to : a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e. , whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dogs and/or whether replacement license tag will indeed replace validly issued, lost tag . b . Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies . 3 . Official log: Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times . 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 1 of 5 4. Administrative fee: City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk: a. All dog license fees collected by Licensing Designee on City's behalf, and b. A true and correct copy of the Licensing Designee's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Cleric no later than the tenth (IOth) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy: If, following the Meridian City Cleric's review and accounting of Licensing Designee's issuance of dog licenses, the Meridian City Cleric notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy. Licensing Designee's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City: 1. Provision of dog license tags: City shall provide dog license tags to Licensing Designee. 2. Monthly accounting: In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. 3. Annual accounting: The Meridian City Cleric shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags,the Meridian City Cleric shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 2024 DOG LICENSING DESIGNEE AGREEMENT PAGE 2 OF 5 G. Hold Harmless: In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City fiom and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the F tortious conduct of City or its employees. H. 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, addressed to City as follows: City Clerk, City of Meridian, 33 E. Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows: Settlers Park Veterinary Hospital, 3220 N. Meridian Road, Meridian, Idaho 83646 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. 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. J. Assignment: It is expressly agreed and understood by the parties hereto,that Licensing Designee shall not have the right to assign,transfer,hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited: In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity, national origin or ancestry, age or disability. L. Reports and Information: 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. M. Audits and Inspections: At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee's records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the 2024 DOG LICENSING DESIGNEE AGREEMENT•PAGE 3 OF 5 proposed change. Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If,through any cause, Licensing Designee, 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 Meridian 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 Licensing Designee at least fifteen(15) calendar days written notice. Licensing Designee may terminate this agreement at any time by giving at least fifteen(15) calendar days written notice to City. 2. Remittance to City: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Cleric shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy. Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee. This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages. Q. 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. R. Entire agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by City. LICENSING DESIGNEE: 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 5 LICENSING DESIGNEE: SETTLERS PARK VETERINARY HOSPITAL Design e's Signatt— BY: Q mAu j VA %l i� bv io Print Name CITY OF MERIDIAN BY: Robert E. Simison,Mayor - - 024 Attest: Chris Johnson, City Clerk 12-17-2024 2024 DOG LICENSING DESIGNEE AGREEMENT■PAGE 5 OF 5 f1E IDIAN :--- � IDAHO DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this 18th day of November, 2024, 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, and Pet Care Clinic, hereinafter referred to as "Licensing Designee," whose business address is 1151 E . Fairview Avenue, Meridian, Idaho 83642 . A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of City and of Licensing Designee with reference to Licensing Designee' s issuance of dog licenses on City ' s behalf. By entering into this agreement, both parties seek to : 1 ) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3 (1)) . B . Time of Performance : This agreement shall be effective from January 1 , 2025 to December 31 , 2025 . C. Designation of authority : City hereby authorizes and empowers Licensing Designee to . issue dog licenses on behalf of City in accordance with all applicable provisions of Meridian City Code . D. Responsibilities of Licensing Designee . 1 . Issuance of dog licenses : Licensing Designee shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3 (A) (2), including, but not limited to : a. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e. , whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog ; and/or whether replacement license tag will indeed replace validly issued, lost tag . b. Collection of appropriate license fee. 2. Rabies education. Licensing Designee shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies . 3 . Official log : - Licensing Designee shall keep an official, monthly, written log of all dog licenses issued by Licensing Designee on the form provided by City, and shall keep such written log complete and current at all times . 2024 DOG LICENSING DESIGNEE AGREEMENT • PAGE 1 of 5 4 . Administrative fee : City hereby authorizes Licensing Designee to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City ' s behalf. 5. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, Licensing Designee shall submit to the Meridian City Clerk : a. All dog license fees collected by Licensing Designee on City ' s behalf; and b. A true and correct copy of the Licensing Designee ' s monthly log, completed in full . Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth ( 1 Oth) day of the month following the month for which the fees were collected and the monthly log completed. 6. Remission of discrepancy : If, following the Meridian City Clerk ' s review and accounting of Licensing Designee ' s issuance of dog licenses, the Meridian City Clerk notifies Licensing Designee of a discrepancy in fees collected and data reported by Licensing Designee in the log or quantity of unissued tags, Licensing Designee shall remit to City funds in the amount of such discrepancy . Licensing Designee ' s obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of Licensing Designee ' s assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of City : 1 . Provision of dog license tags : City shall provide dog license tags to Licensing Designee , 2 . Monthly accounting : In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy . 3 . Annual accounting: The Meridian City Clerk shall conduct an annual audit to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee ' s logs . In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify Licensing Designee in writing and Licensing Designee shall remit to City funds in the amount of the discrepancy. F. Independent Contractor: In all matters pertaining to this agreement, Licensing Designee shall be acting as an independent contractor, and neither Licensing Designee, nor any officer, employee or agent of Licensing Designee, will be deemed an employee of City . The selection and designation of the personnel of City in the performance of this agreement shall be made by City . 2024 DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 5 G. Hold Harmless : In all matters pertaining to this Agreement, Licensing Designee shall save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and/or losses and expenses caused or incurred by Licensing Designee, its servants, agents, employees, guests, and business invitees in the course of implementing the terms of this Agreement, and not caused by or arising out of the tortious conduct of City or its employees . H. 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, addressed to City as follows : City Clerk, City of Meridian, 33 E . Idaho Avenue, Meridian, Idaho 83642, or to Licensing Designee as follows . Pet Care Clinic, 1151 E . Fairview Avenue, Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. 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. J. Assignment: It is expressly agreed and understood by the parties hereto , that Licensing Designee shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of City. K. Discrimination Prohibited : In performing the Services set forth herein, Licensing Designee shall not discriminate against any person on the basis of race, color, religion, sexual orientation or gender identity , national origin or ancestry, age or disability . L. Reports and Information : 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. M. Audits and Inspections : At any time during business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Licensing Designee' s records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performingthe scope of services required hereunder, Licensing Designee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments . O. Changes : Proposed changes to any portion of this Agreement shall be submitted in writing . The party to whom the change is proposed shall have thirty (30) days to accept or reject the 2024 DOG LICENSING DESIGNEE AGREEMENT N PAGE 3 OF 5 proposed change . Changes which are mutually agreed upon by and between the City and Licensing Designee shall be incorporated into this Agreement by written amendment signed by both parties . P . Termination : 1 . Written notice : If, through any cause, Licensing Designee, 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 Meridian 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 Licensing Designee at least fifteen ( 15 ) calendar days written notice . Licensing Designee may terminate this agreement at any time by giving at least fifteen ( 15) calendar days written notice to City . 2. Remittance to City : In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by Licensing Designee pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the City, become its property, and Licensing Designee shall remit to City all licensing fees collected by Licensing Designee on City ' s behalf and all unissued dog license tags . Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3 ) of this Agreement, and Licensing Designee shall remit to City funds in the amount of the discrepancy . Licensing Designee shall not thereby be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Licensing Designee . This provision shall survive the termination of this agreement and shall not relieve Licensing Designee of its liability to the City for damages . Q . 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. R. Entire agreement : This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. S . 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. T. Approval required : This Agreement shall not become effective or binding until approved by City . LICENSING DESIGNEE : 2024 DOG LICENSING DESIGNEE AGREEMENT • PAGE 4 OF 5 PET CARE CLMC Designee's Signaturof BY: p Print Name CITY OF MERIDIAN BY: Robert E. Simison,Mayor 12-17-2024 l Attest: Chris Johnson, City Clerk 12-17-2024 i li i I I I I 2024 DOG LICENSING DESIGNEE AGREEMENT•PAGE 5 OF 5 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2025 Net-Zero Budget Amendment in the Amount of$5,000.00 for Water Tower Championship Sponsorship 11/20/2024 1:15 PM City of Meridian FY2025 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): If Fund# Dept.# G/L# Proj.# G/L#Description Total W IDL AN - 01 1310 41200 11576 Wages I H O 01 1310 41206 11576 PT/Seasonal Wages 01 1310 41210 11576 Overtime Please only complete the fields highlighted 01 1310 41304 11576 Uniform Allowance in Orange. 01 1310 42021 11576 FICA $ Amendment Details 01 1 1310 42022 11576 1PERSI I $ Title: Water Tower Championship 01 1 1310 1 42023 11576 Worker's Comp $ Department Name: Mayor's Office 01 1 1310 1 42025 11576 lEmployee Insurance 1 $ Presenting Department Name: Mayor's Office Total Personnel Costs $ Department#: 1310 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 1310 52710 1 11576 Community Events Expenses $ 5,000 $ 5,000 Project#: 11576 01 1310 11576 $ - 01 1310 11576 $ Is this for an Emergency? ❑ Yes 0 No 01 1310 11576 $ New Level of Service? ❑ Yes 0 No 01 1310 11576 $ 01 1310 11576 $ Clerks Office Stamp 01 1310 11576 $ 01 1310 11576 $ 01 1310 11576 $ 01 1310 11576 $ 01 1310 11576 $ 01 1310 11576 $ 12-17-2024 01 1310 11576 $ Date of Council Approval Total Operating Expenditures $ 5,000 $ $ 5,000 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement _ Date 01 1310 11576 01 1310 11576 1 yauid 111-901-90-94 01 1310 11576 Department Director 01 1310 11576 FRETVIEWED 01 1310 11576 d Lavoie at 1:48 pm,Nov 20,2024 jfields 11.20.24 01 1310 11576 Chief Financial Officer Total Capital Outlay $ - Revenue/Donations Approved Luke Cavener via email 11.23.24 Fund# Dept.# G/L# Proj.# G/L#Description Total Cou ison �4-- 01 1310 34800 11576 Donation from CapEd Credit Union $ 5,000 ( 11-26-24 01 1310 11576 Q 01 1310 11576 1 Mayor Total Revenue/Donations $ 5,000 Total Amendment Request $ - City of Meridian FY2025 Budget Amendment Form F:\Budget\FY2025\FY2025 Amendments\1.Pending\FY2025 Budget Amendment Form_MO_Water Tower Championship 11/20/2024 1:15 PM 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: Mayor's Office Funding 2025 2026 2027 2028 2029 Title: Water Tower Championship Personnel $ - $ $ $ $ Iiutii iYions for Submitting Budget Amendments: Operating $ 5,000 $ $ $ $ D Department will send Amendment with Directors siorature to Finance(Budget Manager)for review Capital $ - D Finance will send Amencment to Courcil Lia son fc sigratire Total $ $ 5,000 $ $ $ $ ➢Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 5,000 ➢ Mayarwill send signed Amendment to Finance(Budget Manager) Evaluation Questions > Finance(Budget Manager)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. > Department will add❑opyof Amendment toCouncil Agenda using MunicodeAgenda Manager 1. Describe what is being requested? Accepting donated revenue and seeking spending authority for expenses related to the Water Tower Championship Program for community events and engagement. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The program was created during this budget cycle and sponsorship funding for the program was secured post-budget development. 3. What is�anation for not submitting this budget refiring the next fiscal year budget cycle? This is an active program during the current school year. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Funding for this program is through donated revenue from CapEd Credit Union. 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? Yes-Support public events that contribute to a vibrant community(supporting community health,collaboration with stakeholders(school district,etc.)). 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) HINci 9.Any additional comments? Total Amendment Request $ - 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 F:\Budget\FY2025\FY2025 Amendments\l.Pending\FY2025 Budget Amendment Form_MO_Water Tower Championship E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution 24-2496: Approval of lease of Meridian City Hall office space to Congressman Russ Fulcher for District Office for the Not-To-Exceed Amount of$1,881.00 per month CITY OF MERIDIAN RESOLUTION NO . 24=2496 BY THE CITY COUNCIL , CAVENER, LITTLE ROBERTS , OVERTON, STRADER, TAYLOR, WHITLOCK A RESOLUTION APPROVING LEASE AGREEMENT WITH REPRESENTATIVE RUSSELL FULCHER FOR OFFICE SPACE IN MERIDIAN CITY HALL ; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN ; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , the City owns real property located at 33 E . Broadway Avenue, in Meridian , identified as Parcel no . R5672000010 , a portion of which , Suite 251 , is currently unused by City ( "Lease Premises " ) , and City is authorized by Idaho Code section 50- 1401 to manage real property owned by the City in ways which the judgment of the city council deems to be in the public interest ; WHEREAS , the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Representative Russell Fulcher as a district office ; WHEREAS , the City Council of the City of Meridian hereby finds that the Lease Premises are not otherwise needed for City purposes , and pursuant to Idaho Code section 50 - 1407 , the Mayor and Council hereby resolve and authorize the lease of Lease Premises to Representative Fulcher ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS : Section 1 . That the terms of the District Office Lease Amendment and District Office Lease Attachment, attached hereto and incorporated herein , are just and equitable , and the same are hereby approved as to both form and content. Section 2. That the Mayor is authorized to execute said instruments for and on behalf of the City of Meridian . Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval . ADOPTED by the City Council of the City of Meridian , Idaho , this 17th day of December, 2024s APPROVED by the Mayor of the City of dian , Idaho , this 17th day of December, 2024 . �P�Ep AUG G . APPROVED : �o� TEST : 0dZ c �wul IDIAN E 1DAHo } Mayor R 51mison �y �EpL C J s nsontf C er c �0��l�R Of the TREP�J� RESOLUTION AUTHORIZING LEASE AGREEMENT WITH REP . FULCHER PAGE 1 OF 1 District Office Lease Amendment - Instructions THE OFFICE OF THE ADMIISTRATIVE COUNSEL MUST APPROVE THE DISTRICT OFFICE LEASE AMENDMENT AND ATTACHMENT PRIOR TO SIGNATURE. The term for a District Office Lease Amendment for the 119th Congress may not commence prior to January 3,2025. A Member/Member-elect should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year.For the 119th Congress,leases should end on January 2,2027,rather than December 31,2026. • The Member/Member-elect is required to personally sign lease documents. • A District Office Lease Attachment("Attachment")for the 119th Congress must accompany this Amendment. • Prior to either party signing a District Office Lease Amendment,the Member/Member-elect must submit the proposed Amendment,accompanied by the District Office Lease Attachment for the 119th Congress ("Attachment"),to the Office of the Administrative Counsel("Administrative Counsel")via e-mail in PDF form(leasesAmail.house.gov)or fax (202-226-0357)for review and approval. • If approved, Administrative Counsel will advise the parties that they can execute the lease documents. If changes are necessary,Administrative Counsel will contact the office of the Member/Member-elect. The Member/Member-elect will work with the lessor to incorporate all necessary edits to the lease documents.The parties must resubmit revised lease documents to Administrative Counsel until Administrative Counsel approves the lease documentation package. • After both parties have executed an approved Lease Amendment, accompanied by the Attachment, a copy must be submitted to Administrative Counsel via e-mail in PDF form (leaseskmail.house.gov) or fax(202-226-0357) for final countersignature and processing. • Lessor must complete a U.S. House of Representatives Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form to allow the House Office of Finance to initiate monthly rental payments pursuant to an approved lease. This form should be submitted along with the completed lease packet. Questions regarding the form should be directed to the Office of Finance(VendorEFTAmail.house.gov;202-226-2277). Instructions for completing the District Office Lease Amendment("Amendment"): • Section 1 —Insert the time period covering the previous lease that is being amended and the office's street address, including the city, state and ZIP. • Section 2—Insert the new termination date(if the lease is being extended). The Amendment must terminate on or before January 2,2027. If the purpose of the Amendment is not to change the terminate date, insert"N/A"in the space provided. • Section 3—Insert the amount of monthly rent for the extended term. In the blank space, insert any changes or additions to the terms of the lease. If there are no other changes to your existing lease, write"NONE"in the space provided. V.S. Yfouse of Representatives Washington, D.C. 20515 District Office Lease Amendment (Page 1 of 2— 119th Congress) 1. Prior Lease Term.The undersigned Landlord("Lessor") and Member of the U. S. House of Representatives("Lessee")agree that they previously entered into a District Office Lease ("Lease")(along with the District Office Lease Attachment),which covered the period from January 3, 2023 to January 2, 2025 for the lease of office space located at 33 East Broadway Ave. Ste 251 in the city, state and ZIP of Meridian, ID 83646 2. Extended Term.If applicable,the above referenced Lease is extended through and including January 2, 2027 . (This District Office Lease Amendment ("Amendment")may not provide for an extension of beyond January 2, 2027,which is the end of the constitutional term of the 119th Congress. 3. Rent and Any Other Changes.The monthly rent for the extended term of the Lease shall now be $1,881.00 . All other provisions of the existing Lease shall remain unchanged and in full effect, except for the following additional terms,which are modified as indicated in the space below [If no additional terms are to be modified,write the word"NONE"below]. NONE 4. District Office Lease Attachment for the 119th Congress. This District Office Lease Amendment shall have no force and effect unless and until accompanied by an executed District Office Lease Attachment for the I I9th Congress and the District Office Lease Attachment for the 119th Congress attached hereto supersedes and replaces any prior District Office Lease Attachment. 5. Counterparts. This Amendment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 6. Section Headings.The section headings of this Lease are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] V. S. Yfouse of Representatives Washington , D . C . 20515 District Office Lease Amendment ( Page 2 of 2 — 119th Congress ) IN WITNESS WHEREOF , the parties have duly executed this District Office Lease Amendment as of the later date written below by the Lessor or the Lessee . City of Meridian Russell Fulcher Print Nance ofLessoi/Landlord Print Name of Lessee By : (2; ) / t Lessor i nature Lessee Signature Name : Robert E . mison Title : Mayor Ile O pUG Ug r , '�o Date Q Attest : o of Chris J h n , City C r - 17-2024 0Ui 1� No 5 y�c�NrER of theS��P This District Office Lease Amendment must be accompanied i0th an executed District Office Lease Attachment. I District Office Lease Attachment - Instructions The District Office Lease Attachment("Attachment")must accompany every Lease or Amendment submitted for a Member/Member-elect's District Office. THE OFFICE OF ADMINISTRATIVE COUNSEL MUST APPROVE ANY LEASE, AMENDMENT,OR ATTACHMENT PRIOR TO SIGNATURE. The term of a District Office Lease or Amendment for the 119th Congress may not commence prior to January 3,2025. A Member/Member-elect should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 119th Congress,leases should end on January 2,2027,not December 31,2026. • The Member/Member-elect is required to personally sign lease documents. • The Lessor must complete the amenities checklist in Section A("Lease Amenities"), including both the"required amenities" and"optional amenities"portions. • Section B("Additional Lease Terms") of the Attachment SHALL NOT have any provisions deleted or changed. • Prior to either party signing a Lease or an Amendment,the Member/Member-elect must submit the proposed Lease or Amendment, accompanied by the Attachment,to the Office of Administrative Counsel("Administrative Counsel")via e-mail in PDF form (leases(&mail.house.goy)or fax(202-226-0357) for review and approval. • If approved,Administrative Counsel will advise the parties that they can execute the lease documents. If changes are necessary,Administrative Counsel will contact the office of the Member/Member-elect. The Member/Member-elect will work with the lessor to incorporate all necessary edits to the lease documents. The parties must resubmit revised lease documents to Administrative Counsel until Administrative Counsel approves the lease documentation packet. • After both parties have executed an approved Lease or the Amendment, accompanied by the Attachment, a copy must be submitted to Administrative Counsel via e-mail in PDF form (leaseskmail.house.gov) or fax(202-226-0357)for final countersignature and processing. • Lessor must complete a U.S. House of Representatives Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form to allow the House Office of Finance to initiate monthly rental payments pursuant to an approved lease. This form should be submitted along with the completed lease packet. Questions regarding the form should be directed to the Office of Finance (VendorEFTkmail.house. oovv; 202-226-2277). • Lessor shall provide a copy of any assignment, estoppel certificate,notice of a bankruptcy or foreclosure,or notice of a sale or transfer of the leased premises to Administrative Counsel via e-mail in PDF form(leases@mail.house.gov). V.S. ,Mouse of Representatives Washington,D.C. 20515 District Office Lease Attachment (Page 1 of 5— 119th Congress) SECTION A (Lease Amenities) Section A sets forth the amenities provided by the Lessor to be included in the Lease. Except as noted below,the amenities listed are not required for all district offices. To be completed by the Lessor(required amenities): ❑ * High-Speed Internet Available Within the Leased Space. Please list any internet providers known to provide service to the property: in * Interior Wiring CAT 5e or Better within Leased Space. To be completed by the Lessor(optional amenities): ❑ Amenities are separately listed elsewhere in the Lease. (The below checklist can be left blank if the above box is checked.) The Lease includes(please check and complete all that apply): ❑ Lockable Space for Networking_Equipment. L'J Telephone Service Available. lin Parking. Assigned Parking Spaces 52 Unassigned Parking Spaces ❑ General Off-Street Parking on an As-Available Basis ❑ Utilities. Includes: L'J Janitorial Services. Frequency: Monday through Friday evenings I!n Trash Removal. Frequency: Monday through Friday evenings Carpet Cleaning. Frequency: Annually Window Washing. ❑ Window Treatments. ❑ Tenant Alterations Included In Rental Rate. ❑ After Hours Building Access. ❑ Office Furnishings. Includes: L'J Cable TV Accessible. If checked,Included in Rental Rate: ❑ Yes F No Building Manager. F Onsite F On Call Contact Name:Max Jensen Phone Number: (208) 908-9037 Email Address: mjensen@meridiancity.org V.S. ,Mouse of Representatives Washington,D.C. 20515 District Office Lease Attachment (Page 2 of 5— 119th Congress) SECTION B (Additional Lease Terms) 1. Incorporated District Office Lease Attachment. Lessor(Landlord)and Lessee (Member/Member-elect of the U.S.House of Representatives)agree that this District Office Lease Attachment("Attachment")is incorporated into and made part of the Lease("Lease") and, if applicable,District Office Lease Amendment("Amendment")to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S.House of Representatives (the"House")nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House (the"CAO")to Lessor to satisfy Lessee's rent obligations under the Lease—which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House—shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel")must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor,until Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing the last page of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute,Lessor agrees to contact the Office of Finance,U.S. House of Representatives, at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause,pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee and shall not be paid by the CAO on behalf of the Lessee. 8. Death,Resignation or Removal. In the event Lessee dies,resigns or is removed from office during the term of the Lease,the Clerk of the House may, at his or her sole option, either: (a) terminate the Lease by giving thirty(30)days' prior written notice to Lessor; or(b)assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease,the commencement date of such thirty(30) day termination notice V.S. ,Mouse of Representatives Washington,D.C. 20515 District Office Lease Attachment (Page 3 of 5— 119th Congress) shall be the date such notice is delivered to the Lessor or, if mailed,the date on which such notice is postmarked. 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member-elect before taking office. Should the Member-elect not take office to serve as a Member of the 119th Congress,the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance,U.S. House of Representatives,Attn: Kellie Wilson,via e-mail at FCLeasePayments@mail.house.gov, and with the Administrative Counsel by e-mail at leases@mail.house.gov. 11. Assignments. Lessor shall provide thirty(30)days prior written notice to Lessee before assigning any of its rights, interests or obligations under the Lease, in whole or in part,by operation of law or otherwise. Lessor shall promptly file a copy of any such assignment notice with Administrative Counsel by e-mail at leases@mail.house.gov. Lessee and the House shall not be responsible for any misdirected payments resulting from Lessor's failure to file an assignment notice in accordance with this section. 12. Sale or Transfer of Leased Premises. Lessor shall provide thirty(30) days prior written notice to Lessee in the event(a) of any sale to a third party of any part of the leased premises, or(b)Lessor transfers or otherwise disposes of any of the leased premises, and provide documentation evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale or transfer notice with Administrative Counsel by e-mail at leases@mail.house.gov. 13. Bankruptcy and Foreclosure. In the event(a)Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily), (b)the leased premises is foreclosed upon, or(c)of any similar occurrence,Lessor agrees to promptly notify Lessee in writing. Lessor shall also promptly file a copy of any such notice via e-mail with the Office of Finance,U.S. House of Representatives,Attn: Kellie Wilson,via e-mail at FCLeasePayments@mail.house.gov, and with Administrative Counsel by e-mail at leases@mail.house.gov. 14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building)upon the request of the Lessor. Such an estoppel certificate shall require the review of Administrative Counsel, prior to Lessee signing the estoppel certificate. Lessor shall promptly provide a copy of any such estoppel certificate to Administrative Counsel by e-mail at leases@mail.house.gov. 15. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense,all public and common areas of the building including,but not limited to, all sidewalks,parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 16. Maintenance of Structural Components. Lessor also agrees to maintain in good order,repair or replace as needed, at its sole expense, all structural and other components of the premises including,but not limited to,roofs, ceilings,walls(interior and exterior), floors,windows, doors, foundations, fixtures, and all mechanical,plumbing, electrical and air conditioning/heating V.S. ,Mouse of Representatives Washington,D.C. 20515 District Office Lease Attachment (Page 4 of 5— 119th Congress) systems or equipment(including window air conditioning units provided by the Lessor) serving the premises. 17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests,caused by Lessor's failure to fulfill its obligations under Sections 15 and 16. 18. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent,which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. 20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes(including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance,U.S. House of Representatives,with all banking information necessary to facilitate such payments. 23. Refunds. Lessor shall promptly refund to the CAO,without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment,the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. 25. Construction. Unless the clear meaning requires otherwise,words of feminine,masculine or neuter gender include all other genders and,wherever appropriate,words in the singular include the plural and vice versa. 26. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, arms-length,marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. V. S. Abuse of 1Zepresen. tatives Washington , D . C . 20515 District Office Lease Attachment ( Page 5 of 5 — 119th Congress ) 28 . Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 29. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee . City of Meridian Russell Fulcher Print Nance of Lessor/Landlord Print Name of Lessee 126 . By : X Lessor Signa ire Lessee Signature Title : MAYOR e Attest * Date Chris Joh n, ity ler 47- From the Member' s Offic , who is the point of contact for questions? Name Phone &mail @mail .house.gov This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration, Signed Date (Administrative Counsel) i I I I i U.S. House of Representatives Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form INSTRUCTIONS Internal Revenue Code 6109,31 U.S.C.3322,31 CFR 210 and the 1996 Debt Collection Improvement Act require all entities that do business with the United States Government to provide a Tax Identification Number(TIN)and Electronic Funds Transfer(EFT)information for payment. PL 93-579 protects your privacy and mandates that the information never be published or used for any other purpose than to pay you. Please complete all sections below,sign and return via the email or fax number listed. RETURN FORM TO: vendorEFTa@mall.house.gov FAX NUMBER: (202)225-6914 SECTIONI UNITED STATES HOUSE OF REPRESENTATIVES INFORMATION ADDRESS US HOUSE OF REPRESENTATIVES-ACCOUNTING,3110 O'NEILL HOUSE OFFICE BUILDING,WASHINGTON DC 20515 AGENCY IDENTIFIER 53-6002523 AGENCY LOCATION CODE 4832 TELEPHONE NUMBER (202)226.2277 SECTION II PAYEE/COMPANY INFORMATION NAME AS SHOWN ON YOUR INCOME TAX RETURN BUSINESS NAME/DISREGARDED ENTITY NAME OR DBA,IF DIFFERENT THAN NAME City of Meridian ON YOUR INCOME TAX RETURN ADDRESS/CITY/STATE/ZIP Enter the correct Tax Identification Number type 33 East Broadway Avenue SOCIAL SECURITY NUMBER(SSN) EMPLOYER TAX ID NUMBER(EIN) Meridian, ID 83646 =—m-= or s z — 6 0 0 o z z s CONTACT PERSON NAME PURCHASE ORDER ADDRESSICITY/STATEIZIP Keith Watts 33 East Broadway Avenue, Meridian, ID 83646 EMAIL PO EMAIL kwatts@meridiancity.org Purchasing@meridiancity.org TELEPHONE NUMBER _7FAX NUMBER TELEPHONE NUMBER FAX NUMBER 208-489-0417 208-887-4813 208-888-4433 208-887-4813 REMIT TO ADDRESS CHECK APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION(required) 0 Individual/Sole Proprietor or ❑C Corporation ❑S Corporation ❑Partnership ❑Trust/Estate Exemptions(codes apply only to certain Single Member LLC entities,not individuals): Limited Liability Company.Check the tax classification: ❑C corporation ❑S corporation ❑Partnership Exempt payee code(if any) Note.For asingle-member LLC that is disregarded,check the appropriate box for the tax classification of the single-member owner. Exemption from FATCA reporting code Government Entity. Check the tax classification: ❑Federal ❑State ❑r Local (if any) (Applies to accounts maintained outside ❑Other the U.S.) SECTIONIII FINANCIAL INSTITUTION INFORMATION US) BANK NAME First Interstate Bank TELEPHONE NUMBER 208-319-2426 NINE-DIGIT ROUTING TRANSIT NUMBER 092901683 DEPOSITOR ACCOUNT TITLE City of Meridian, General Deposit DEPOSITOR ACCOUNT NUMBER 16000005377 LOCKBOX NUMBER TYPE OF ACCOUNT • CHECKING ()SAVINGS 0 LOCKBOX SECTIONIV SOCIO-ECONOMIC INFORMATION Type of Business ©Large Business-No Socio-Economic Designations ()Minority OSmBusiness ()Sm-Disadv/Minority ()Sm-Disadv Only QSmMin Only Sm-Disadvantaged Business Prog ©8(a)Firm OHUBZone Program ©HUBZone Eligible ()Emerging Small Business OWomen-Owned Business Other Preference Programs ©Buy Indian ODirected to JWOD Non-Profit ©No Preference/Not Listed ()Small Business Set-Aside ()Very Small Business Set-Aside Veteran Owned Status ©Non-Vet Owned SmBus ()Other Vet Owned SmBus OServ-Disabled Vet Other Bus ()Sere-Disabled Vet Owned SB ()Vet-Owned Other Bus Size of Business: ()(A)50orless O(B)51-100 O(C)101-250 ()(D)251-500 O(E)501-750 O(F)751-1,000 O(G)Over 1,000 O(M)1 million orless N)1.1-2 million (P)2.1-3.5 million (R)3.1-5 million O(S)5.1-10 million O(T)10.1-17 million O(Z)Over 17 million SECTION V CERTIFICATION OF DATA BY PAYEE/COMPANY NAME Keith Watts TITLE/POSITION Procurement Manager SIGNATURE DATE 12-17-2024 TELE 208-489-0417 USHR v.112017 ms Instructions for Completing U.S. House of Representatives Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form Section I -Agency Information — Includes the name and address, agency identifier, agency location code and telephone number for the House of Representatives. Section II - Payee/Company Information — Print or type the name of the payee/company and address that will receive payment, social security or taxpayer ID number, contact person name, telephone number and email of the payee/company. Print or type the purchase order and remit to addresses if different from the payee/company address. Check the appropriate boxes for federal tax classification. Section III - Financial Institution Information —Print or type the name and address of the payee/company's financial institution who will receive the ACH payment, ACH coordinator name and telephone number, nine-digit routing transit number, depositor(payee/company) account title and account number. Check the appropriate box for type of account. Payee/Company may include a voided check with this form. ACH Account Information Located on a Check or Deposit Ticket FINANCIAL INSTITUTION NAME name of the financial institution to which the payments are to be directed ROUTING TRANSIT NUMBER(RTN) financial institution's 9 digit routing transit number; found on the bottom of a check or deposit ticket or from your Financial Institution ACCOUNT TITLE employee's or vendor's name on the account ACCOUNT NUMBER account number at the financial institution 1. Routing Transit Number(RTN) THOAS�,ANpEaN -nine digits located between 425K.�bSMTSTFIE#f two symbols. This number AHYWHM.FL W45 identifies the bank holding your account and check processing center. F TMllh{}Rl}EORI ROc $ 2. Account number-this is your complete account number. f � �_ T - •-, _--_- _1,�,1,h,, , Your account number can be up to 17 digits. Please include 'W' ' leading zeros. �IR70e1oobi4� 3. ACH Routing Transit Number- Automated Clearing House routing number, use this 1:200000€ 001: L 234 E6?39C1-1 3 01 number for your Routing Transit Number(RTN)if you bank with SunTrust Bank. 4. Check number-This 3 4 information is not necessary- do not provide Section IV -Socio-Economic Information —Check the boxes for each category, if applicable: type of business, small disadvantaged business program, HUBZone program, emerging small business, women-owned business, other preference programs, Veteran owned status and size of business. Detailed information related to Small Business programs can be found at http://www.sba.gov/. Section V-Certification of Data By Payee/Company— Print or type the name, title/position and phone number of the Authorized official. The Authorized official must sign and date the form. E IDIAN�- )AH AGENDA ITEM Department Reports E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Discussion of Request from Ada County and Ada County Emergency Medical Services District concerning Countywide Development Impact Fees C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Work Session From: William L. M. Nary, City Attorney Meeting Date: December 17, 2024 Presenters: Steve Rutherford,Ada County Chief Estimated Time: 45 minutes Operating Officer Leon Letson,Ada County Community Planning Manager Kurt Starman, Deputy City Attorney Topic: Request from Ada County and the Ada County Emergency Medical Services District Concerning Countywide Development Impact Fees Recommended Council Action: Consider a request from Ada County and the Ada County Emergency Medical Services District (collectively"County") concerning development impact fees and provide additional direction. Background: The County wishes to adopt countywide development impact fees to partially fund coroner-, EMS-, and jail-related capital improvements associated with new development. The proposed fees, which total $750 per single-family housing unit, would be similar to the countywide development impact fees collected by the Ada County Highway District. Unlike ACHD, however,the County cannot collect development impact fees within the incorporated cities without each city's participation. In order for the County to proceed, every incorporated city must: (1) enter into an intergovernmental agreement with the County; (2) adopt the County's capital improvements plans ("CIPs"); and (3) adopt an ordinance. The County initially presented this concept to the City Council in 2022. The purpose of this agenda item is to receive an update from the County and discuss potential next steps. If the City Council is receptive to the County's request, the City may want to consider a four-step implementation plan, as follows: 1. Approve a limited intergovernmental agreement that only addresses the County's CIPs at this time (see attached example). The agreement, in and of itself, would not require the City to adopt the CIPs, nor would it require the City to adopt countywide development impact fees. The City would agree, however,to consider the CIPs. 2. If the limited intergovernmental agreement is approved,the City would then consider adopting the CIPs in accordance with the Idaho Development Impact Fee Act. The basic steps would include: a. The Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee would forward its written comments to the City in accordance with the Idaho Development Impact Fee Act. b. The Planning and Zoning Commission would conduct a public hearing concerning the CIPs and forward its recommendation to the City Council. c. The City Council would conduct a public hearing and make its determination. If adopted, the CIPs would be added to the City's Comprehensive Plan. 3. If the City adopts the CIPs, it would then pause until all the other cities have adopted (a) the CIPs and (b) the ordinances necessary to collect countywide development impact fees. 4. If all the other cities timely adopt the CIPs and necessary ordinances, the City would then consider adopting an ordinance to collect countywide development impact fees.A successor intergovernmental agreement would also be necessary at that time. Attachments - Exhibit A: Excerpt from the Coroner Capital Improvement Plan and Development Impact Fee Study* - Exhibit B: Excerpt from the EMS Capital Improvement Plan and Development Impact Fee Study* - Exhibit C: Excerpt from the Summary of Jail Capital Improvement Plan and Development Impact Fee Study* - Exhibit D: Draft Ada County and City of Meridian Intergovernmental and Joint Powers Agreement Concerning Capital Improvements Plans for County System Improvements (for informational purposes only; subject to change) *Full copy available at:https://adacounty.id.gov/developmentservices/administration/impact-fees/ EXHIBIT A : Excerpt from Coroner CIP & DIF Study Ada County, Idaho 2024 Capital Improvement Plan and Development Impact Fee Study Credi Regardless of the methodology, a consideration of "credits" is integral to the developm of a legally va ' impact fee methodology . There are two types of " credits ," each with specific d distinct characteristics, ut both of which should be addressed in the calculation of development ' pact fees . The first is a credit due possible double payment situations . This could occur when co ibutions are made by the property owner ward the capital costs of the public facility covered by a impact fee . This type of credit is integrated into t impact fee calculation . The second is a credi ward the payment of a fee for dedication of public sites or rovements provided by the develo and for which the facility fee is imposed . This type of credit is ad ssed in the administration nd implementation of a facility fee program . FEE METHODOLOGIES Of the fee methodologies discussed above, the i ental expansion method and the cost recovery method are used to calculate the coroner imp fees for a County . Where capacity is sufficient to serve current demand the incremental expansi method documen he current Level of Service ( LOS ) for each type of public facility . While the co of the impact fee study i aptured through the cost recovery method . Additionally, Ada Cou anticipates working with the cities collect the coroner impact fee countywide . The following t le summarizes the method (s ) used to derive e coroner impact fee in Ada County. Figure 1 . Sum m of Impact Fee Methodologies ExpansionFee Categsiry Service Area Cost Incremental Plan�Based Cost Recov . Xnero Countywide Impact Fee Coroner Facilities Person & Ve ' cle Study Trips CAPITAL IMPROVEMENT PLAN The coroner development impact fee is based on the existing level of service provided for coroner facilities . The development impact fee is calculated for residential and nonresidential development . To serve projected growth at current levels of service, the coroner will need to provide 2, 653 square feet of new facility space over the next ten years . Listed in Figure 2 Ada County is in the process of constructing a new facility for the County Coroner on Touchmark Way in Meridian, Idaho . The facility is being constructed to serve the existing demand along with potentially 40 years of growth . The coroner services will expand within the new facility to accommodate growth - related needs and continue providing the current level of service . The Touchmark Way facility was financed through revenue bonds issued by the Idaho Health Facility Authority ( IHFA) that are serviced by an annual appropriation lease between IHFA and the County which is set to renew annually through 2050 . As a result, the impact fee collection will pay the growth -share of the County' s annual lease obligation related to the new facility. Figure 2 . Coroner Capital Improvement Plan 10mYear Square Current Capital Improvement Plan Feet Cost Touchmark Way Office 1 39 ,6001 $ 46, 696, 637 Total 39,600 $ 46,696,637 5 TischlerBise FISCAL I ECONOMIC I PLANNING Ada County, Idaho 2024 Capital Improvement Plan and Development Impact Fee Study MAXIMUM SUPPORTABLE DEVELOPMENT IMPACT FEES BY TYPE OF LAND USE Figure 3 provides a schedule of the maximum supportable development impact fees by type of land use for Ada County . The fees represent the highest supportable amount for each type of applicable land use and represents new growth ' s fair share of the cost for capital facilities . The County may adopt fees that are less than the amounts shown . However, a reduction in impact fee revenue will necessitate an increase in other revenues, a decrease in planned capital expenditures , and/or a decrease in levels of service . The fees for residential development are to be assessed per housing unit based on type . For nonresidential development, the fees are assessed per square foot of floor area (for illustrative purposes the nonresidential fee is listed per 1, 000 square feet of development) . Nonresidential development categories are consistent with the terminology and definitions contained in the reference book, Trip Generation 11th Edition , published by the Institute of Transportation Engineers . These definitions are provided in the Appendix A. Land Use Definitions . Importantly, the Ada County Coroner' s Office provides a countywide service and benefit. Thus , the impact fee study has calculated the maximum supportable fee based on a countywide level of service . In this case, Figure 3 lists the maximum amounts for all development within Ada County. Figure 3 . Summary of Maximum Supportable Development Impact Fees - Countywide Coroner Development . . . Residential (per housing unit) Single Family Multifamily Nonresidential (per 1,000 square feet) Retail Office Industrial Institutional 6 TischlerBise FISCAL I ECONOMIC I PLANNING EXHIBIT B: Excerpt from EMS CIP & DIF Study Ada County, Idaho 2024 Capital Improvement Plan and Development Impact Fee Study CAPITAL IMPROVEMENT PLAN The EMS development impact fee is based on the existing level of service provided for EMS facilities.The development impact fee is calculated for residential and nonresidential development. Figure 2 shows that to serve projected growth at current levels of service, EMS will need to provide 12,215 square feet of new facility space, 1.59 acres of land, 6.0 new vehicle units, and 41.9 new equipment units over the next ten years. Figure 2. EMS Summary of Demand for Projected Growth FacilityType 10-Year Need 10-Year Cost Station Space 12,215 square feet $7,096,915 Station Land 1.59 acres $516,750 Apparatus 6.0 vehicles $2,123,508 Equipment 41.9 units $796,100 Total $10,533,273 Listed in Figure 3 are the capital improvement plans for facility expansion for the next ten years. The planned expansions are consistent and exceed growth-related needs to continue providing the current level of service. Figure 3. EMS Capital Improvement Plan 10-Year Growth-Related Capital Plan Unit I Cost per Unitl Total Cost New Facility Space Station: Floating Feather/Horseshoe Bend 3,246 square feet $581 $1,885,926 Station: Federal Way/Amity 3,246 square feet $581 $1,885,926 Station: Fairview and Cloverdale 3,246 square feet $581 $1,885,926 Station: Lake Hazel/Five Mile 3,246 square feet $581 $1,885,926 Station: 10 Mile/Franklin 3,246 square feet $581 $1,885,926 Subtotal 16,230 square feet $9,429,630 New Facility Land 5 New Stations(1-1.5 acres per station) 1 7.5 acres 1 $325,0001 $2,437,500 Subtotal 7.5 acres $2,437,500 New Apparatus Ambulance w/required capital equipment 1 10 vehicles 1 $353,9181 $3,539,177 Subtotal 10 vehicles $3,539,177 New Equipment Portable radios 20 units $7,644 $152,886 Mobile/station radios 20 units $8,298 $165,952 Subtotal 40 units $318,838 Station Cost $11,867,130 Apparatus Cost $3,539,177 Equipment Cost $318,838 Grand Total $15,725,145 5 TischlerBise FISCAL I ECONOMIC I PLANNING Ada County, Idaho 2024 Capital Improvement Plan and Development Impact Fee Study Maximum Supportable Development Impact Fees by Type of Land Use Figure 4 provides a schedule of the maximum supportable development impact fees by type of land use for Ada County.The fees represent the highest supportable amount for each type of applicable land use and represents new growth's fair share of the cost for capital facilities. The County may adopt fees that are less than the amounts shown. However,a reduction in impact fee revenue will necessitate an increase in other revenues, a decrease in planned capital expenditures, and/or a decrease in levels of service. The fees for residential development are to be assessed per housing unit based on type. For nonresidential development, the fees are assessed per square foot of floor area (for illustrative purposes the nonresidential fee is listed per 1,000 square feet of development). Nonresidential development categories are consistent with the terminology and definitions contained in the reference book,Trip Generation 11th Edition, published by the Institute of Transportation Engineers. These definitions are provided in the Appendix A. Land Use Definitions. Importantly,the Ada County Paramedics provide a countywide service and benefit. Thus, the impact fee study has calculated the maximum supportable fee based on a countywide level of service. In this case, Figure 4 lists the maximum amounts for all development within Ada County. Figure 4.Summary of Maximum Supportable Development Impact Fees—Countywide DevelopmentEMS Maximum Supportable Residential (per housing unit) Single Family Multifamily Nonresidential (per 1,000 square feet) Retail Office Industrial Institutional 6 TischlerBise FISCAL I ECONOMIC I PLANNING EXHIBIT C: Excerpt from Jail CIP & DIF Study Ada County, Idaho 2024 Capital Improvement Plan and Development Impact Fee Study CAPITAL IMPROVEMENT PLAN The jail development impact fee is based on the existing level of service provided for jail facilities. The development impact fee is calculated for residential and nonresidential development.To serve projected growth at current levels of service,the jail will need to provide 16,555 square feet of new ancillary facility space and 178 new jail beds over the next 10 years. Listed in Figure 2 are the capital improvement plans for facility expansion for the next 10 years. The planned expansions are consistent with growth-related needs to continue providing the current level of service. Important to note is that of the total $16 million ancillary facility costs, only $12.5 million will be captured by the impact fees. The CIP also includes non- growth-related projects which will be funded with non-impact fee revenue. Figure 2.Jail Capital Improvement Plan 10-Year Jail 10-Year General Fund Capital Improvement Plan Square Feet Total Cost Impact Fee &Other Sources Pod E Expansion (294 beds) 39,984 $32,843,108 $19,936,000 $12,907,108 Pod E Locker Rooms 3,000 $2,464,219 $2,464,219 $0 Warehouse 10,562 $6,967,817 $6,967,817 $0 Second Secured Entrance 6,719 $6,352,666 $6,352,666 $0 New Booking Room 1,000 $270,229 $270,229 $0 Kitchen Remodel 4,609 $4,992,463 $0 $4,992,463 Camera Installation - $1,322,421 $0 $1,322,421 Restroom& Locker Room Remodel - $138,831 $0 $138,831 Jail Management System Upgrade - $4,000,000 $0 $4,000,000 Total 65,874 $59,351,755 $35,990,932 $23,360,823 Growth-Related Pod Expansion $19,936,000 Pod Expansion Revenue $19,936,000 Growth-Related Pod Expansion Funding Gap $0 Growth-Related Anc.Facility Expansion $16,054,932 Anc.Facility Expansion Revenue $12,499,025 Growth-Related Anc. Facility Funding Gap $3,555,907 5 TischlerBise FISCAL I ECONOMIC I PLANNING Ada County, Idaho 2024 Capital Improvement Plan and Development Impact Fee Study MAXIMUM SUPPORTABLE DEVELOPMENT IMPACT FEES BY TYPE OF LAND USE Figure 3 provides a schedule of the maximum supportable development impact fees by type of land use for Ada County.The fees represent the highest supportable amount for each type of applicable land use and represents new growth's fair share of the cost for capital facilities. The County may adopt fees that are less than the amounts shown. However,a reduction in impact fee revenue will necessitate an increase in other revenues, a decrease in planned capital expenditures, and/or a decrease in levels of service. The fees for residential development are to be assessed per housing unit based on type. For nonresidential development, the fees are assessed per square foot of floor area (for illustrative purposes the nonresidential fee is listed per 1,000 square feet of development). Nonresidential development categories are consistent with the terminology and definitions contained in the reference book,Trip Generation 111n Edition, published by the Institute of Transportation Engineers. These definitions are provided in the Appendix A. Land Use Definitions. Importantly, the Ada County Jail provides a countywide service and benefit. Thus, the impact fee study has calculated the maximum supportable fee based on a countywide level of service. In this case, Figure 3 lists maximum amounts for all development within Ada County. Figure 3.Summary of Maximum Supportable Development Impact Fees-Countywide DevelopmentJail Maximum Supportable Residential (per housing unit) Single Family Multifamily Nonresidential(per 1,000 square feet) Retail Office Industrial Institutional 6 TischlerBise FISCAL I ECONOMIC I PLANNING EXHIBIT D ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS [Idaho Code §§ 67-8204A & 67-23281 Parties to Agreement: Ada County County Ada County Board of Commissioners 200 W. Front Street, Third Floor Boise, Idaho 83702 I City of Meridian City City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian, Idaho 83642 THIS ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS ("Agreement") is entered into this date of ("Effective Date") by and between Ada County("County") and the City of Meridian("City") as an intergovernmental agreement as provided for in Idaho Code § 67- 8204A. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth, and for other good and valuable consideration hereby acknowledged by the Parties to this Agreement, the Parties hereby mutually promise, covenant, and agree as follows: SECTION 1 DEFINITIONS For all purposes of this Agreement, the following terms have the definitions as herein provided in this Section unless the context of the term clearly requires otherwise: 1.1 Act: Means and refers to the Idaho Development Impact Fee Act, Chapter 82, Title 67, Idaho Code as it may be amended or restated from time to time. 1.2 Advisory Committee: Means and refers to the Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee, which shall serve as the development impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to prepare and recommend the Capital Improvements Plans ("CIPs") and any amendments, ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 1 revisions, or updates of the same. 1.3 Agreement: Means and refers to this Ada County and City of Meridian Intergovernmental and Joint Powers Agreement Concerning Capital Improvements Plans for County System Improvements. 1.4 Capital Improvements Plans and/or CIPs: Means and refers to, collectively, the May 24, 2024 Jail Capital Improvement Plan and Development Impact Fee Study, the May 24, 2024 EMS Capital Improvement Plan and Development Impact Fee Study,and the Coroner Capital Improvement Plan and Development Impact Fee Study,all of which were prepared for and adopted by the County. 1.5 City: Means and refers to City of Meridian, Idaho, Party to this Agreement. 1.6 City Council: Means and refers to the City Council of the City of Meridian, Idaho. 1.7 County: Means and refers to Ada County, Idaho, Party to this Agreement. 1.8 Party/Parties: Means and refers to the County and/or the City, as the Parties in this Agreement, depending upon the context of the term used in this Agreement. 1.9 Service Area: Means and refers to a service area as defined in the Act at Idaho Code § 67-8203(26). Said Service Area shall encompass the entirety of Ada County, including all the incorporated cities. 1.10 System Improvements: Means and refers to capital improvements to public facilities designed to provide service to a service area as defined in the Act at Idaho Code § 67-8203(28). SECTION 2 PURPOSES & AUTHORITY 2.1 The purpose of this Agreement is to provide a structure that will enable, but not require, the City to adopt the CIPs. The CIPs are intended to promote and accommodate orderly growth and development, protect the public health, safety, and general welfare of residents countywide, and to further the best interests of the Parties. 2.2 Idaho Code § 67-2328 authorizes public agencies in Idaho to exercise jointly any power, privilege, or authority authorized by the Idaho Constitution, statute, or charter. The Parties, each being a public agency, hereby agree to exercise jointly their respective powers,privileges, and authorities in accordance with Title 67, Chapter 82, Idaho Code. 2.3 Idaho Code § 67-8204A provides that the County and City have authority to enter into an intergovernmental agreement for the purpose of developing joint plans for capital improvements. ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 2 2.4. The County is responsible for providing coroner-and jail-related services on a countywide basis. 2.5. The County is experiencing considerable growth and development, and the County's ability to provide coroner- and jail-related services are affected by said development. 2.6 The County has provided the City with the CIPs, which were prepared in accordance with the requirements of Idaho Code § 67-8208 in consultation with the Advisory Committee as provided in Idaho Code §§ 67-8205 and 67-8206(2). 2.7 The Ada County Board of Commissioners has adopted the CIPs in accordance with Idaho Code §§ 67-8206(3) and 67-8208(1). 2.8 The County has requested that the City adopt the CIPs in accordance with the Act, and the City is willing to consider said request. The Parties acknowledge and agree, however,that the City Council cannot and shall not be bound by this Agreement to adopt the CIPs. 2.9 That by reason above stated, the Parties have determined it is necessary and desirable to enter into this Agreement. SECTION 3 ADVISORY COMMITTEE 3.1 Advisory Committee. The Ada County/Ada County Ambulance District Development Impact Fee Advisory Committee shall serve as the development impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to prepare and recommend the CIPs and any amendments, revisions, or updates of the same. 3.1.1 Administration and Staffing. The County shall provide for the administration and staffing of the Advisory Committee. Advisory Committee members shall be appointed in accordance with the requirements of Idaho Code § 67-8205. 3.1.2 Charge. The Advisory Committee shall serve as an advisory committee to the Ada County Board of Commissioners and City Council and is charged with the responsibilities set forth in Idaho Code § 67-8205(4). 3.1.3 Written Comments. The County shall cause the Advisory Committee to file its written comments concerning the CIPs with the City on or before March 31, 2025, to provide the City with ample time to consider the CIPs prior to the termination of this Agreement. SECTION 4 SERVICE AREA 4.1 Idaho Code § 67-8203(26) provides that the Parties can identify a geographic area by an intergovernmental agreement in which specific public facilities provide services to ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 3 development within that geographic area on the basis of sound planning or engineering principles or both. 4.2 The CIPs and this Agreement define the Service Area as the entirety of Ada County, including all the incorporated cities. SECTION 5 COSTS SPECIFIC TO COUNTY 5.1 The County shall pay the following costs: 5.1.1 All costs associated with the Advisory Committee; and 5.1.2 All County costs associated with drafting this Agreement and any amendment or termination of the same; and 5.1.3 All costs associated with the County's performance of this Agreement; and 5.1.4 All legal costs and fees associated with any action brought by a third party concerning the validity of the CIPs or this Agreement. SECTION 6 CITY COUNCIL ACTION 6.1 After the Advisory Committee files its written comments concerning the CIPs with the City in accordance with the Act and Section 3.1.3 of this Agreement,the City shall consider the adoption of the CIPs in accordance with the Act. 6.2 If the City adopts the CIPs, the City agrees to consider the possibility of adopting a City ordinance concerning the countywide development impact fees delineated in the CIPs,but only after (a) the Parties negotiate and agree on a new intergovernmental agreement for that purpose and (b) all the incorporated cities in Ada County have adopted (1) the CIPs and(2)the ordinances necessary to implement countywide development impact fees. 6.3 The Parties acknowledge and agree that: 6.3.1 Nothing in this Agreement shall be construed as requiring the City to adopt the CIPs; and 6.3.2 Nothing in this Agreement shall be construed as requiring the City to adopt an ordinance implementing countywide development impact fees. SECTION 7 INDEMNIFICATION 7.1 To the extent permitted by law, County shall defend, indemnify, and hold the City, its ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 4 officers, agents, and employees harmless for all claims, losses, actions, damages, judgements, costs, expenses arising out of or in connection with any acts or omissions of the County related to the CIPs or this Agreement. In the event of such claim, County shall defend such allegations,and County shall bear all costs,fees,and expenses of such defense, including,but not limited to, all attorney fees and expenses, court costs, and expert witness fees and expenses. SECTION 8 TERM/TERMINATION/AMENDMENT 8.1 Term. This Agreement shall terminate on December 31, 2025, unless terminated earlier in accordance with Section 8.2 of this Agreement. 8.2 Party Termination. This Agreement may be terminated by either Party upon ninety(90) day notice in writing to the other Party. 8.3 Amendment. This Agreement may be amended only by written agreement of the Parties. SECTION 9 NOTICE AND DELIVERY OF DOCUMENTS 9.1 Notices. All notices,requests or demands to a party hereunder shall be in writing and shall be given or served upon the other party by US. Mail or email addressed as set forth below. 9.2 Contact Information. The contact information for purposes of notice to and/or the delivery of documents to the County is as follows: Ada County Development Services Attn: Director 200 W. Front Street, Boise, ID 83702 dswebportalcontactus@adacounty.id.gov With Copy to: Ada County Prosecutor's Office Attn: Chief Civil Deputy 200 W. Front Street, Room 3191 Boise, Idaho 83702 adacountyprosecutor@adacounty.id.gov 9.3 The contact information for purposes of notice to and/or the delivery of documents to the City is as follows: ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 5 City of Meridian Attn: City Clerk 33 E. Broadway Ave. Meridian, Idaho 83642 cjohnson@meridiancity.org SECTION 10 GENERAL PROVISIONS 10.1 Third Party Beneficiaries. Each Party to this Agreement intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 10.2 Electronic and Non-Electronic Signatures: The County and City may execute this Agreement using handwritten signatures or electronic signatures, in accordance with Idaho's Uniform Electronic Transactions Act. The Parties acknowledge and agree that both signature methods are equally valid and binding for the purposes of this Agreement. 10.3 Severability. Should any term or provision of this Agreement or the application thereof to any person, parties, or circumstances, for any reason be declared illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, and this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein. 10.4 Choice of Law and Venue. This Agreement shall be governed and interpreted by the laws of the state of Idaho. Venue shall be Ada County, Idaho. 10.5 Entire Agreement. This Agreement constitutes the entire understanding between the Parties.This Agreement supersedes any and all statements,promises,or inducements made by either Party, or agents of either Party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both Parties. 10.6 Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. 10.7 Attorneys' Fees. If either Party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing Party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 10.8 Assignment. No Party may assign this Agreement or any interest therein. ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 6 IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners By: Rod Beck, Commissioner By: Ryan Davidson, Commissioner By: Thomas Dayley, Commissioner ATTEST: Trent Tripple, Ada County Clerk City of Meridian By: Mayor Robert E. Simison ATTEST: Chris Johnson, City Clerk ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR COUNTY SYSTEM IMPROVEMENTS —PAGE 7 Ada County December 17, 2024 Impact Fee Study Summary 2 TischlerBiseGalena | www.tischlerbise.com feasibilityReal estate and market •enhancementInfrastructure finance/revenue •Capital improvement planning•analysesFiscal/economic impact •financing strategiesImpact fees/infrastructure • TischlerBiseGalena Idaho Experience Caldwell Hwy. Caldwell Rural Ada CountyBoiseBurleyCaldwell DistrictFire District Canyon County Cascade Fire Canyon CountyCareyCascadeDonnelly EMSDistrict Eastside Fire Eastside Hwy. DriggsEagle Fire DistrictElmore CountyEmmett DistrictDistrict Gem County Fire Homedale Fire Filer Fire DistrictGem CountyHaileyHayden DistrictDistrict Houser Fire Kootenai County Idaho FallsJerome CountyKelloggKootenai County DistrictFire District Lakes Hwy. Marsing Fire McCall Fire KunaKuna Fire DistrictMcCall DistrictDistrictDistrict Melba Fire Meridian Rural MicaKidd Fire Middleton Fire MeridianMiddleton DistrictFire DistrictDistrictDistrict Middleton Parks Nampa Fire North Ada Co. Northern Lakes Mountain HomeNampa DistrictDistrictFire DistrictFire District Northside Fire Post Falls Hwy. ParmaPayettePayette CountyPost Falls DistrictDistrict Rock Creek Fire Shoshone Shoshone Fire Spirit Lake Fire St. Maries’ Fire Sandpoint DistrictCountyDistrictDistrictDistrict Timberlake Fire Star Fire DistrictSun ValleyTeton CountyTwin FallsValley County District Whitney Fire Wilder Fire Worley Fire VictorWest Pend DistrictDistrictDistrict Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com Sheriff, Jail, EMS, Coroner•Delay and new CIPs require an updated study•New leadership/CIPs/priorities•Commissioners did not act on report•Approved by DIFAC•County completed study in 2021•3 Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com Sheriff unincorporated areas only••Methodologies•4 CostIncrementalCost Fee CategoryService AreaPlan-Based RecoveryExpansionAllocation Impact Fee Person & SheriffUninc. CountySheriff Facilities StudyVehicle Trips Impact Fee Person & JailCountywideJail Facilities StudyVehicle Trips EMS Stations, Impact Fee Person & EMSCountywideEMS Land, EMS Vehicles, StudyVehicle Trips and EMS Equipment Impact Fee Person & CoronerCountywideCoroner Facilities StudyVehicle Trips Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com 125,000 new residents & 50,300 new homes (23% increase)•Countywide Residential Projections•5 Base YearTotal Ada County20232024202520262027202820292030203120322033Increase Population544,590568,015591,946602,628613,310623,991634,673645,355653,566661,776669,987125,397 Percent Increase4.3%4.2%1.8%1.8%1.7%1.7%1.7%1.3%1.3%1.2%23.0% Housing Units Single Family182,342190,171198,180201,750205,321208,891212,462216,033218,774221,515224,25641,914 Multifamily37,83339,41741,00541,71642,42643,13743,84744,55845,11045,66246,2158,382 Total Housing Units220,175229,588239,185243,466247,747252,028256,309260,591263,884267,177270,47150,296 Source: COMPASS (Community Planning Association of Southwest Idaho) Traffic Analysis Zone Model; City & Fire District Impact Fee Studies; TischlerBise analysis Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com 43,000 new jobs & 17 million square feet (18% increase)•Countywide Nonresidential Projections•6 Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com Summary•Coroner•EMS•Jail•7 Jail TischlerBiseGalena | www.tischlerbise.com Detailed analysis of Ada County demand on jail (considering State demand)•Previous study attributed $50M Pod F expansion to growth•Revised CIP to only include Pod E and consider growth’s share of project•Changes from 2021 Study•countywide-Residential & nonresidential development •Current level of service based on jail beds and ancillary jail facility sq. ft.•Incremental expansion•8 Jail TischlerBiseGalena | www.tischlerbise.com 99% of capacity from Ada County•Jail Demand from Ada County•9 Ada County Jail Jail Operational Capacity949 State Prisoners Held200 Portion of Station Prisoners Out-of-County (5%)10 Portion of Jail Capacity Out-of-County1% Jail TischlerBiseGalena | www.tischlerbise.com Calls for service used to determine res vs •10 Annual Calls Land Usefor Service% of Total Residential42,77932% Nonresidential15,95812% Traffic75,36756% Total134,105100% Base Year Land UseVehicle Trips% of Total Residential1,138,87455% Nonresidential948,25645% Total2,087,130100% Adj. Calls for Land UseService% of Total Residential83,90563% Nonresidential50,20037% Total134,105100% Source: Ada County Sheriff's Office Jail TischlerBiseGalena | www.tischlerbise.com Jail Utilization Forecast•11 Jail TischlerBiseGalena | www.tischlerbise.com Jail Bed LOS & Cost Analysis•12 Operational CurrentAda County BedsAda County FacilityCapacity (Beds)Utilization \[1\]99%Replacement Cost \[2\] Jail949100%940$105,280,000 Total949940$105,280,000 Level-of-Service StandardsResidentialNonres Proportional Share63%37% Share of Beds588352 2023 Population/Nonres. Vehicle Trips544,590948,256 Beds per 1,000 Persons/Vehicle Trips1.080.37 Cost AnalysisResidentialNonres Beds per 1,000 Persons/Vehicle Trips1.080.37 Average Cost per Bed \[2\]$112,000$112,000 Capital Cost per Person/Vehicle Trip$121$41 \[1\] Jail population model forcasts 100% utilization by the beginning of 2024 \[2\] Based on Pod E expansion of 294 beds at $32,843,108 including contingencies and FFE Jail TischlerBiseGalena | www.tischlerbise.com Jail Ancillary Facility LOS & Cost Analysis•13 TotalAda CountyAda County FacilitySquare FeetPortion 99%Replacement Cost Medical Unit24,60724,361$20,010,220 Work Release12,98012,980$5,612,125 Juvenile Detention49,01249,012$40,258,763 ASCO Vehicle Maintenance1,3571,357$366,634 Total87,95687,710$66,247,743 Level-of-Service StandardsResidentialNonres Proportional Share63%37% Share of Square Feet54,87732,833 2023 Population/Nonres. Vehicle Trips544,590948,256 Square Feet per 1,000 Persons/Vehicle Trips100.834.6 Cost AnalysisResidentialNonres Square Feet per 1,000 Persons/Vehicle Trips100.834.6 Average Cost per Square Foot$755$755 Capital Cost per Person/Vehicle Trip$76$26 Source: Ada County Sheriff's Office Jail TischlerBiseGalena | www.tischlerbise.com Jail CIP meets & exceeds future needs based on current LOS•14 10-Year Jail10-Year Capital Improvement PlanSquare FeetTotal CostImpact Fee Pod E Expansion (294 beds)39,984$32,843,108$19,936,000 Pod E Locker Rooms3,000$2,464,219$2,464,219 Warehouse10,562$6,967,817$6,967,817 Second Secured Entrance6,719$6,352,666$6,352,666 New Booking Room1,000$270,229$270,229 Kitchen Remodel4,609$4,992,463$0 Total65,874$53,890,503$35,990,932 Growth-Related Pod Expansion$19,936,000 Pod Expansion Revenue$19,936,000 Growth-Related Pod Expansion Funding Gap$0 Growth-Related Anc. Facility Expansion$16,054,932 Anc. Facility Expansion Revenue$12,499,025 Growth-Related Anc. Facility Funding Gap$3,555,907 Jail TischlerBiseGalena | www.tischlerbise.com. = $310/KSFNonresUniform Uniform Residential = $715/unit2021 Study Results:Maximum Supportable Impact Fee •15 FeeCostCost Componentper Personper Vehicle Trip Jail Beds$121.00$41.00 Jail Ancillary Facilities$76.00$26.00 Impact Fee Study$0.13$0.11 Gross Total$197.13$67.11 Net Total$197.13$67.11 Residential Persons perMaximum Housing TypeHousing UnitSupportable Fee Residential (per housing unit) Single Family2.62$516 Multifamily1.81$357 Nonresidential Vehicle TripsMaximum Development Typeper KSFSupportable Fee Nonresidential (per 1,000 square feet) Retail14.06$944 Office5.42$364 Industrial2.44$163 Institutional5.39$361 Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com Summary•Coroner•EMS•Jail•16 EMS TischlerBiseGalena | www.tischlerbise.com Calls for service data used to attribute demand•Changes from 2021 Study•EMS facilities, apparatus, equipment, share of impact fee study•Residential & nonresidential development•Current level of service based on population and nonresidential vehicle trips•Incremental Expansion•17 EMS TischlerBiseGalena | www.tischlerbise.com 5 new stations-Equates to 4 Related Need @ current LOS-Year EMS Facility Growth-10•18 Facility Type10-Year Need10-Year Cost Station Space12,215square feet$7,096,915 Station Land1.59acres$516,750 Apparatus6.0vehicles$2,123,508 Equipment41.9units$796,100 Total$10,533,273 EMS TischlerBiseGalena | www.tischlerbise.com Meets & exceeds need to keep up with growth•EMS CIP•19 10-Year Growth-Related Capital NeedsUnitCost per UnitTotal Cost New Facility Space Station: Floating Feather/Horseshoe Bend3,246square feet$581$1,885,926 Station: Federal Way/Amity3,246square feet$581$1,885,926 Station: Fairview and Cloverdale3,246square feet$581$1,885,926 Station: Lake Hazel/Five Mile3,246square feet$581$1,885,926 Station: 10 Mile/Franklin3,246square feet$581$1,885,926 Subtotal16,230square feet$9,429,630 New Facility Land 5 New Stations (1-1.5 acres per station)7.5acres$325,000$2,437,500 Subtotal7.5acres$2,437,500 New Apparatus Ambulance w/ required capital equipment10vehicles$353,918$3,539,177 Subtotal10vehicles$3,539,177 New Equipment Portable radios20units$7,644$152,886 Mobile/station radios20units$8,298$165,952 Subtotal40units$318,838 Station Cost$11,867,130 Apparatus Cost$3,539,177 Equipment Cost$318,838 Grand Total$15,725,145 EMS TischlerBiseGalena | www.tischlerbise.com. = $78.61/KSFNonresUniform Uniform Residential = $181/unit2021 Study Results:Maximum Supportable Impact Fee•20 FeeCostCost Componentper Personper Vehicle Trip EMS Facilities$44.91$12.96 EMS Land$3.25$0.98 EMS Vehicles$13.45$3.89 Equipment$5.04$1.46 Impact Fee Study$0.14$0.10 Gross Total$66.79$19.39 Net Total$66.79$19.39 Residential Persons perMaximum Housing TypeHousing UnitSupportable Fee Residential (per housing unit) Single Family2.62$175 Multifamily1.81$121 Nonresidential Vehicle TripsMaximum Development Typeper KSFSupportable Fee Nonresidential (per 1,000 square feet) Retail14.06$273 Office5.42$105 Industrial2.44$47 Institutional5.39$104 Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com Summary•Coroner•EMS•Jail•21 Coroner TischlerBiseGalena | www.tischlerbise.com occupancy of new facility when it opens2023 study examines current level of service based on anticipated •2021 attributed 25,800 sq ft at Morris Hill Center, but really only 11,000 sq ft•Changes from 2021 Study•Coroner facilities and share of impact fee study•Residential & nonresidential development•Current level of service based on population and nonresidential vehicle trips•Incremental Expansion•22 Coroner TischlerBiseGalena | www.tischlerbise.com Calculates to current LOS of 12,578 sq ft•with an estimated 40% current utilization rate of facilityAda County accounts for 79% of autopsies conducted by Coroner •23 CoronerSquare FeetConst. CostCost + Bond InterestFinancing Cost per Sq Ft New Facility at Touchmark 39,600 $32,379,992$46,696,637$1,179 Coroner's Office Sq Ft Distribution Ada County Partnership Ada County Case TypeShareShareTotal Square Feet Autopsies79%21%31,444 FacilityAda CountyCurrent CoronerUtilizationSq FtUtilization Sq Ft Touchmark Way Facility40%31,44412,578 Source: Ada County Coroner's Office Coroner TischlerBiseGalena | www.tischlerbise.com. = $38.25/KSFNonresUniform Uniform Residential = $88/unit2021 Study Results:Maximum Supportable Impact Fee •24 FeeCostCost Componentper Personper Vehicle Trip Coroner Facilities$22.47$2.74 Impact Fee Study$0.19$0.05 Gross Total$22.66$2.79 Net Total$22.66$2.79 Residential Persons perMaximum Housing TypeHousing UnitSupportable Fee Residential (per housing unit) Single Family2.62$59 Multifamily1.81$41 Nonresidential Vehicle TripsMaximum Development Typeper KSFSupportable Fee Nonresidential (per 1,000 square feet) Retail14.06$39 Office5.42$15 Industrial2.44$7 Institutional5.39$15 Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com Summary•Coroner•EMS•Jail•25 Ada County Impact Fee Study TischlerBiseGalena | www.tischlerbise.com Maximum Supportable Impact Fees •26 Unincorporated Maximum Development TypeSheriffJailEMSCoronerSupportable Fee Residential (per housing unit) Single Family$558$516$175$59$1,308 Multifamily$449$357$121$41$968 Nonresidential (per 1,000 square feet) Retail$2,068$944$273$39$3,324 Office$797$364$105$15$1,281 Industrial$358$163$47$7$575 Institutional$792$361$104$15$1,272 Incorporated Maximum Development TypeSheriffJailEMSCoronerSupportable Fee Residential (per housing unit) Single Family-$516$175$59$750 Multifamily-$357$121$41$519 Nonresidential (per 1,000 square feet) Retail-$944$273$39$1,256 Office-$364$105$15$484 Industrial-$163$47$7$217 Institutional-$361$104$15$480 Discussion TischlerBiseGalena | www.tischlerbise.com Boise, ID I 208.515.7480 I colin@tischlerbise.comTischlerBiseGalenaColin McAweeney E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Shift Differential Policy Discussion Mayor Robert E. Simison City Council Members: C� E IDIAN Luke Cavener, President Liz Strader,Vice President Brian Whitlock Doug Taylor John Overton Anne Little Roberts MEMORANDUM TO: Mayor Robert Simison, City Council FROM: Debbie Hoopes, Human Resources Director CC: Bill Nary, City Attorney&Risk Manager, Laurelei McVey, Public Works Director, Steve Siddoway, Parks Director, Tracy Basterrechea, Police Chief DATE: 12/11/2024 RE: New Policy and Procedure—3.4.6 Shift Differential Duties and Compensation Summary The City of Meridian has struggled to recruit and retain staff for critical 24/7/365 operations in its police department and wastewater treatment facilities. Since the Wastewater Treatment Plant began 24- hour staffing in 2021, high turnover in night shift positions has resulted in 11 vacancies and increased retraining costs. Similarly, police recruiters face stiff competition from other agencies offering shift differential pay. Shift differential pay—typically 3% for swing shifts and 5% for night shiftscompensates employees for working undesirable hours, improving recruitment, retention, and staffing levels. A 2023 analysis by Public Works, Police, and HR confirmed that such policies are standard for continuous operations. A study by SHRM (Society for Human Resource Management) shows that 92% of organizations nationwide provide a shift differential to employees. Recommendation: Approve the adoption of a shift differential policy to enhance staffing stability and competitiveness. �WEI� City of Meridian Standard Operating Policy Number 3.4.6 Shift Differential Duties and Compensation Purpose: To set forth the City's policy regarding shift differential pay for eligible employees working non-standard shifts. Policy: Shift differential is premium pay intended to compensate an employee for working non-standard, less desirable hours. For this policy, shift differential shall apply to non-unionized, regular full-time employees who are regularly scheduled to work during the defined swing or night shift hours except as otherwise noted in the Shift Differential Duties and Compensation Standard Operating Procedures. This policy shall be implemented pursuant to the Shift Differential Duties and Compensation Standard Operating Procedures. Authority& Responsibility: Department Directors or designees shall be responsible for administering this policy. Approval Date:xx/xx/xxxx �WEI� City of Meridian Standard Operating Procedures Number 3.4.6 Shift Differential Duties and Compensation Purpose: To set forth the City's procedures regarding shift differential pay for eligible employees working non- standard shifts. Procedures and Related Information: I. All non-unionized, regular full-time employees who are regularly scheduled to work during the defined swing or night shift hours are eligible for the shift differential pay. a. Regularly assigned means employees that are assigned to work a defined shift on a regular basis. Shift differential is not intended for short-term coverage, one-off events, special events, training, or call outs. b. Employees are eligible for shift differential pay during their probationary period if regularly assigned to the swing/night shifts. a. Employees participating in the Police FTO program are not eligible for shift differential pay while in this program. Once these employees complete the program,they are eligible, if they are regularly assigned to a swing/night shift. c. Shifts/schedules will not be altered or changed for the sole benefit of obtaining shift differential pay. d. Temporary shift coverage—if a department supervisor deems swing or night shift coverage is needed for a short-term,temporary basis (shift coverage based on minimum staffing requirements),they may temporarily assign another employee to a swing or night shift. The employee, who is providing fill-in coverage, will be eligible for shift differential pay. e. Shift differential pay will only apply to hours worked. All other types of leave, such as sick,vacation, holiday, civil duty, bereavement, paid administrative leave, wellness, parental leave, or any other leave type,will not be paid at the shift differential rate but at the employee's regular rate. f. Shift differential pay will be applied to the employee's regular hourly rate, not at their overtime rate, if applicable. II. Exceptions: a. Shift differential pay does not apply during City authorized training or travel events. b. The Department may move an employee, at any time and without notice, off swing/ night shift to accommodate necessary training, and necessary daytime work duties such as court, shift coverage, or events. Employees will not be paid shift differential pay for hours worked outside the defined shift hours. Approval Date:xx/xx/xxxx III. Shift Differential Hours 1. Shift differential pay will be provided to eligible employees based on the following: • A three (3%) percent shift differential is paid to employees in an eligible classification for all hours of a shift worked when that shift begins after 1:00 p.m. • A five (5%) percent shift differential is paid to employees in an eligible classification for all hours of a shift worked when that shift begins after 7:00 p.m. IV. On-Call/Call Out: 1. Shift differential pay does not apply to hours earned via on-call/standby or hours earned during a call-out, regardless of the hours that the call out occurs. The additional compensation for these types of hours is covered under Policy/Procedure 3.4.5 and Police 1034, (On-Call/Call Out Duties and Compensation). Approval Date:xx/xx/xxxx W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 24-2495: A Resolution of the City Council of the City of Meridian Adding City of Meridian Standard Operating Policy 3.4.6, Regarding Shift Differential Duties and Compensation; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2495 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN ADDING CITY OF MERIDIAN STANDARD OPERATING POLICY 3.4.6, REGARDING SHIFT DIFFERENTIAL DUTIES AND COMPENSATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Meridian City Code section 1-7-3 and City of Meridian Policy 1.3, the City Council has authority over the policies of the City of Meridian; and WHEREAS, the Police Department and Public Works Department have proposed a new policy, Policy 3.4.6, regarding shift differential duties and compensation, in order to ensure consistency and equity for eligible employees working non-standard shifts; and WHEREAS,the City Council finds it in the best interest of the City of Meridian to add Policy 3.4.6 to the City of Meridian's Standard Operating Policies; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian Standard Operating Policy 3.4.6, regarding shift differential duties and compensation, as set forth in Exhibit A attached hereto, shall be added to the City of Meridian's Standard Operating Policies. Section 2. That this resolution shall be in full force and effect immediately upon its passage. ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of December, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of December, 2024. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION ADDING STANDARD OPERATING POLICY 3.4.6 PAGE 1 �WEI� City of Meridian Standard Operating Policy Number 3.4.6 Shift Differential Duties and Compensation Purpose: To set forth the City's policy regarding shift differential pay for eligible employees working non-standard shifts. Policy: Shift differential is premium pay intended to compensate an employee for working non-standard, less desirable hours. For this policy, shift differential shall apply to non-unionized, regular full-time employees who are regularly scheduled to work during the defined swing or night shift hours except as otherwise noted in the Shift Differential Duties and Compensation Standard Operating Procedures. This policy shall be implemented pursuant to the Shift Differential Duties and Compensation Standard Operating Procedures. Authority& Responsibility: Department Directors or designees shall be responsible for administering this policy. Approval Date:xx/xx/xxxx �WEI� City of Meridian Standard Operating Procedures Number 3.4.6 Shift Differential Duties and Compensation Purpose: To set forth the City's procedures regarding shift differential pay for eligible employees working non- standard shifts. Procedures and Related Information: I. All non-unionized, regular full-time employees who are regularly scheduled to work during the defined swing or night shift hours are eligible for the shift differential pay. a. Regularly assigned means employees that are assigned to work a defined shift on a regular basis. Shift differential is not intended for short-term coverage, one-off events, special events, training, or call outs. b. Employees are eligible for shift differential pay during their probationary period if regularly assigned to the swing/night shifts. a. Employees participating in the Police FTO program are not eligible for shift differential pay while in this program. Once these employees complete the program,they are eligible, if they are regularly assigned to a swing/night shift. c. Shifts/schedules will not be altered or changed for the sole benefit of obtaining shift differential pay. d. Temporary shift coverage—if a department supervisor deems swing or night shift coverage is needed for a short-term,temporary basis (shift coverage based on minimum staffing requirements),they may temporarily assign another employee to a swing or night shift. The employee, who is providing fill-in coverage, will be eligible for shift differential pay. e. Shift differential pay will only apply to hours worked. All other types of leave, such as sick,vacation, holiday, civil duty, bereavement, paid administrative leave, wellness, parental leave, or any other leave type,will not be paid at the shift differential rate but at the employee's regular rate. f. Shift differential pay will be applied to the employee's regular hourly rate, not at their overtime rate, if applicable. II. Exceptions: a. Shift differential pay does not apply during City authorized training or travel events. b. The Department may move an employee, at any time and without notice, off swing/ night shift to accommodate necessary training, and necessary daytime work duties such as court, shift coverage, or events. Employees will not be paid shift differential pay for hours worked outside the defined shift hours. Approval Date:xx/xx/xxxx III. Shift Differential Hours 1. Shift differential pay will be provided to eligible employees based on the following: • A three (3%) percent shift differential is paid to employees in an eligible classification for all hours of a shift worked when that shift begins after 1:00 p.m. • A five (5%) percent shift differential is paid to employees in an eligible classification for all hours of a shift worked when that shift begins after 7:00 p.m. IV. On-Call/Call Out: 1. Shift differential pay does not apply to hours earned via on-call/standby or hours earned during a call-out, regardless of the hours that the call out occurs. The additional compensation for these types of hours is covered under Policy/Procedure 3.4.5 and Police 1034, (On-Call/Call Out Duties and Compensation). Approval Date:xx/xx/xxxx