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Home My WebLink About2025-05-06 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 06, 2025 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Brian Whitlock ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve (with the exception of Item 5) made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the April 22, 2025 City Council Work Session 2. Approve Minutes of the April 22, 2025 City Council Regular Meeting 3. Xylem Dewatering Solutions Water Main Easement (ESMT-2025-0032) 4. Progress Avenue. Flex Office Building "A" Water Main Easement No. 1 (ESMT- 2025-0038) 5. Centerville Subdivision No. 2 Water Main Easement No. 1 (ESMT-2025-0041) 6. Take 5 Oil Water Main Easement (ESMT-2025-0042) 7. Lavender Place Subdivision Pedestrian Pathway Easement (ESMT-2025-0043) 8. Luna Hospice Water Main Easement (ESMT-2025-0044) 9. Elevate Self Storage Full Release of Sanitary Sewer Easement (ESMT-2025-0046) 10. Final Plat for Apex Northwest No. 6, by Brighton Corporation, generally located near the northwest corner of S. Locust Grove Rd. & E. Lake Hazel Rd. 11. Findings of Fact, Conclusions of Law for Jump Time (H-2025-0011) by Eric Anderson, located at 2805 E. Franklin Rd. 12. Development Agreement (965 E. Ustick Rd. H-2024-0063) Between City of Meridian and MMW&T LLC for Property Located at 965 E. Ustick Rd. 13. Interagency Agreement between the City of Meridian and Ada County Highway District for Meridian Intersection and Pedestrian Safety (MIPS) Project Implementation 14. Approval of Construction Contract to Gentry Civil Corp, for E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement and Authorize the Procurement Manager to sign and to issue the resulting Purchase Order 15. Art Purchase and Installation Agreement Between Lorelle Rau and the City of Meridian 16. Resolution 25-2515: A Resolution of the City Council of the City of Meridian Directing the City Clerk to Destroy and/or Supervise the Destruction of Certain Semi-Permanent and Temporary Records; and Providing an Effective Date 17. Resolution No. 25-2516: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 18. Building Safety Month Proclamation 19. 2026-2031 Strategic Plan Development ADJOURNMENT 5:15 PM Meridian City Council Work Session May 6, 2025. A Meeting of the Meridian City Council was called to order at 4.31 p.m. Tuesday, May 6, 2025, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug Taylor and Anne Little Roberts. Members Absent: Brian Whitlock. Other Present: Chris Johnson, Bill Nary, Vince Koontz, Kyle Ludwig, Steve Taulbee and Dean Willis. ROLL-CALL ATTENDANCE _X_ Liz Strader Brian Whitlock _X_Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is May 6, 2025, at 4.31 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Got one item that we are going to pull from our Consent Agenda we will get on our next action, but other than that I move that we adopt the agenda as resented. Strader: Second. Simison: I have a motion and a second to adopt the agenda. 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 April 22, 2025 City Council Work Session Meridian City Council Work Session May 6,2025 Page 2 of 16 2. Approve Minutes of the April 22, 2025 City Council Regular Meeting 3. Xylem Dewatering Solutions Water Main Easement (ESMT-2025-0032) 4. Progress Avenue. Flex Office Building "A" Water Main Easement No. 1 (ESMT-2025-0038) 5. Centerville Subdivision No. 2 Water Main Easement No. 1 (ESMT- 2025-0041) 6. Take 5 Oil Water Main Easement (ESMT-2025-0042) 7. Lavender Place Subdivision Pedestrian Pathway Easement (ESMT- 2025-0043) 8. Luna Hospice Water Main Easement (ESMT-2025-0044) 9. Elevate Self Storage Full Release of Sanitary Sewer Easement (ESMT-2025-0046) 10. Final Plat for Apex Northwest No. 6, by Brighton Corporation, generally located near the northwest corner of S. Locust Grove Rd. & E. Lake Hazel Rd. 11. Findings of Fact, Conclusions of Law for Jump Time (H-2025-0011) by Eric Anderson, located at 2805 E. Franklin Rd. 12. Development Agreement (965 E. Ustick Rd. H-2024-0063) Between City of Meridian and MMW&T LLC for Property Located at 965 E. Ustick Rd. 13. Interagency Agreement between the City of Meridian and Ada County Highway District for Meridian Intersection and Pedestrian Safety (MIPS) Project Implementation 14. Approval of Construction Contract to Gentry Civil Corp, for E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement and Authorize the Procurement Manager to sign and to issue the resulting Purchase Order 15. Art Purchase and Installation Agreement Between Lorelle Rau and the City of Meridian 16. Resolution 25-2515: A Resolution of the City Council of the City of Meridian Directing the City Clerk to Destroy and/or Supervise the Meridian City Council Work Session May 6,2025 Page 3 of 16 Destruction of Certain Semi-Permanent and Temporary Records; and Providing an Effective Date 17. Resolution No. 25-2516: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm going to move that we vacate Item No. 5 from the Consent Agenda. With that I move that we would approve the amended Consent Agenda. For the Mayor to sign and the Clerk to attest. Strader: Second. Simison: Have a motion and a second to amend and 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 were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 18. Building Safety Month Proclamation Simison: So, with that we will move on to Item 18, which is Building Safety Month Proclamation. Bruce, Sam, team, who -- whoever, if you would like to join me at the podium. Turn around. If you all want to come on this side. That way the community can see your bright smiling faces today. That's the value and benefit of this. So, I'm not going to lead into this, because it looks like your fearless leader has some note cards to go into. Oh. But I will go ahead and read the proclamation. I will just start off by saying this has one of the funist beginnings of any proclamation I have ever done, because, you know, it's -- it's exciting, you know, from that standpoint. So, whereas Game On, the theme for Building Safety Month 2025, encourages us all to get involved and raise awareness about building safety on a personal, local and global scale and whereas each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic Meridian City Council Work Session May 6,2025 Page 4 of 16 investment at home and in the community and to acknowledge the essential service provided to all of us by local, state, tribal, territorial and federal building safety and fire prevention departments in protecting lives and property and whereas our confidence in the resilience of these buildings that make our community is achieved through the devotion and vigilant guardians, building safety and fire prevention officials, architects, engineers, builders, trades people, design professionals, laborers, plumbers and others in the construction industry, who work year round to ensure the safe construction of buildings and whereas modern building codes include safeguards to protect the public from natural hazards, such as snow storms, wildland fires, floods and earthquakes and whereas the City of Meridian is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both with everyday life and when disaster strikes. Therefore, I, Mayor Robert E. Simison, proclaim the week of May 2025 as Building Safety Month in the city of Meridian and encourage all citizens to join us as we participate in Building Safety Month activities and recognize those that help to strengthen our community and protect us in the buildings that we live, work and raise our families. Dated the 6th day of May 2025. So, with that, Mr. Director, I will hand this to you and turn the microphone over to you or any member of your team that you would like to speak. Freckleton: Thank you, Mayor and Council. I want to just tell you how much we appreciate this recognition. This proclamation. It helps to reinforce the importance of -- of the building codes and -- and the work that the men and women of the -- the building services section for Meridian go through every single day to make sure that our built environment in the city is safe and sound for our citizens. So, Bret Caulder was going to be here to talk, but he went home sick today. But he did have a big long speech written. So, I apologize you won't get to hear that. But thank you very much for your support and anybody else have anything? No? Okay. Thank you. 19. 2026-2031 Strategic Plan Development Simison: Thank you. All right. With that, Council, we will move on to Item 19, which is the 2026-2031 Strategic Plan Development. I'm going to turn this over to Vincent, but before Vincent launches into his conversation this will be the last time we hear about the strategic plan from Vincent. So, if you -- in case you have not yet heard, Vincent will be with us through another nine days -- well, technically seven work days I think we are down to -- before he goes and takes another position with a competing entity that we shall remain nameless in that context, but it gives him an opportunity to grow professionally with the team, which is one of those things that I know he has been striving for and so we are excited to see him take that next step. So, he is going to go over where we are at this point in time, but I imagine we will probably put a pin in things after this presentation as we evaluate our resource allocation as we move forward in this context. So, with that, Vincent, I will turn this over to you. Koontz: Thank you, Robert. Mr. Mayor, Members of Council, I'm here to review our current strategic plan from 2021 to 2025 and also share with you a potential framework for our next strategic plan. So, I hope to discuss some highlights and lessons for our Meridian City Council Work Session May 6,2025 Page 5 of 16 current strategic plan today. What is left to do with our current strategic plan. What has happened in relation to our new strategic plan framework and what is coming up next. For our 2021 to 2025 strategic plan we have accomplished many important priorities for the community and in the memo there is more details as to some of the accomplishments that we have -- we have -- we have accomplished over the -- over time. We have worked to improve -- we have worked to improve communications with -- with our internal staff and to the community. There were a lot of operational items in the current strategic plan and we look to define and focus on big picture priorities for our next strategic plan. We would also like to evaluate key results and goals through our leadership team and elected officials for our new strategic plan. There is several things left to do in our current strategic plan. One is the Linder Road right of way approval and construction, evaluating a Business Improvement District in downtown and finalizing review of ordinances and policies, which have been in front of Council over the past couple years. We would also like to finalize improvements to our community pathway network, which were identified and prioritized during our strategic plan and also develop a long-term strategy for downtown parking. In our new plan what have we done so far from October to January I conducted assessments with our strategic -- with our City Council, our director team and the Mayor and asked them how things are working with their current plan, what we would like to see changed and what implications those have for our community and for our overall plan structure. I reviewed the assessment data with our Mayor and our senior leadership team during the months of March and April. We reviewed and updated our focus area statements for concise language and updates, which I provided to you earlier last week. One of the recommendations that I'm recommending for our next plan is that we have a flexible plan focused on actionable, achievable, big picture improvements for our community and truly make it a community plan. So, what's happened during our focus area assessments? As I mentioned during -- during those months of March and April we reviewed our focus area statements, evaluated them for conciseness and for completeness and made sure that the words made sense, because words matter in our strategic plan and the vision for our community. We recommended updates to that team and the Mayor and Council President reviewed those focus area updates. And, then, last week I sent those to you for consideration and review. So, what's next? I would like Council to review, update and approve the focus area changes. For the framework hopefully you can choose Council Members to work on the strategic goals and results with the executive team that you form and schedule visioning and brainstorming sessions to help flesh out what our goal should be for our community, what we should accomplish and what kind of results we want to achieve. Let me go over some strategic plan terminology, because everybody loves all of these terms. So, our focus areas, those are foundational statements that will help define our vision and mission, which are essential to build strategic goals, key results and strategies. Our goals will help articulate what we look to improve, achieve or determine for outcomes for our community. Key results, projects or outcomes. These statements support the goals, utilize smart terminology and define what should be accomplished and tells us what we are making better. The strategies that we develop through the departments will be a plan of action designed to achieve goals and objectives with well-articulated project plans, resources and key success points along the way. Also outlines some of what Council should collaborate on and Meridian City Council Work Session May 6,2025 Page 6 of 16 provide input for. Council will examine our focus areas, help and create and adopt goals and define what key results should look like through the strategic plan period. And, hopefully, by the end of the year you will adopt a strategic plan framework for our community. The executive branch has a slightly different role. Also to examine our focus areas, help to create and adopt Council goals with Council, define what key results will look like and what they should be achieved -- what should be achieved and adopt a framework by the end of CY-2025. They also will create strategies in alignment with the goals and key results. How will we communicate and evaluate? Well, you will -- you will be provided project based updates from the director team on a semi-annual basis. You will evaluate and update the plan on an annual basis by evaluating the key results and strategies and how well we have done with them. There will be an annual report towards the adopted goals and, then, monthly updates will be had between the director team and the Mayor on the executive side. Plan of action phase one. We have already -- we have already been working on some of these things, but for the remainder -- from May to July we look to affirm our focus area statements and the language and do our goal setting sessions by brainstorming and creating goals, by asking what can we impact, what are our strengths, what are our opportunities, aspirations and results we would like to achieve. Phase two would involve strategic engagement with our stakeholders and our community and inform our staff of the priorities that we look to achieve. We would also adopt a framework which includes our focus areas, goals and key results. Phase three would include strategy development and implementation. Strategies would be developed by the executive branch through departments by developing key touch points and deliverables and, then, after we develop those strategies we would implement and kick off and communicate our plan to the community, to our staff and publish the document that you would work on over the next five years and that's the overview that I have for the strategic plan for the City of Meridian and I'm happy to answer any questions you might have. Simison: All right. Thank you, Vincent. And, Council, if I could just add a few things before we get into discussion, is, you know, I wasn't in your conversations with Vincent. You know, I took Vincent's -- you know, when he came back and shared his general viewpoint on what Council had stated. So, when the directors and I had a conversation about the items that were presented and I asked Council President should -- should we hold on to these or should we come forward and -- and see where the Council conversation goes and Councilman Cavener -- or Council President Cavener said let's put it out there. We really would -- I think that they generally stay true to what was there and that was kind of the general consensus, but they were a reflection of -- I think maybe some of the areas where some of the departments found some challenges in the wording and also trying to get them streamlined a little bit, so that they -- they just were easier to digest, not just for the city, but maybe for the public in that context. If you feel like we need to have a full-on conversation and want to explore those we are happy to do that. Don't feel like this is like, you know, being put forward with an up or down vote. But we just wanted to give you the context of where this was bringing -- coming forward to you for today and whether we want to do that today or we want to have a separate conversation about those we can do that. So, with that, Council, questions, comments, thoughts? Meridian City Council Work Session May 6,2025 Page 7 of 16 Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: A couple kind of elementary questions not having been part of any of this when this was developed initially. When I see the value of kind of Council input and -- and the director's input, I guess a question I have for you, Vincent, and maybe, Mayor, you can chime in, too. Is this a document that is more useful and more used in executing the decisions? So, kind of you with your directors, Mr. Mayor, or -- or how is that interaction with the Council involvement with this? I'm trying to just get a sense like who is it really for? Like who is the primary beneficiary of this plan, besides the city at large. Koontz: Councilman Taylor, typically the strategic plan has been a guiding document that brings forward the -- the Council would review our -- and create our goals as a body and adopt those large priorities for the city and the goals that we want to set and the Council body has been involved in that discussion previously. The last -- last strategic plan we -- we brought Council in kind of a similar way, we asked them to brainstorm on the focus areas and the goals and, then, that helps develop that framework, so the departments can go create the strategies and the actions and the activities and the work that would be involved in creating the plan. So, the Council would be involved in the creating of the focus areas, affirming the language in the focus areas, creating those goals that we want to establish for our community and you asked who the audience is for this and -- and, really, it should be -- and I believe it is a community plan with -- with components that the executive branch executes. The Council's role is to adopt that framework, adopt those goals, create those key results that we want to achieve, what we look to accomplish, our outcomes we want to accomplish and, then, the executive branch can go create those strategies and those -- those work items in order to accomplish those things over time and they would report back on progress to those things. Council's role additionally is to support the strategic plan through budget and through policy and through influence as elected officials. Taylor: Mr. Mayor, a quick follow up on that. So, just kind of in -- kind of an additional question. If you could just talk for a minute a little bit, then, how the strategic plan kind of is interwoven with the Comprehensive Plan and, then, just our budget making process, you know. And I understand the -- the comment the strategic plan should inform our -- kind of like a bigger picture on that, but we create some specific outcomes in the comp plan that we would like to see in addition to the future land use map and how we want to develop. But I would just kind of like to understand does the comp plan help us interpret -- or inform what the strategic plan should be or the strategic plan inform the comp plan when we redo that? So, just trying to see how those kind of intertwine with each other and kind of how they -- we would like -- how I should be thinking about this as we go forward. Koontz: Mr. Mayor, Members of Council, Councilman Taylor, the Comprehensive Plan is definitely that long-term development plan for the -- for the community and what we have done traditionally in the past is we have looked at some of the shorter term, more Meridian City Council Work Session May 6,2025 Page 8 of 16 strategic minded pieces and policies from the Comprehensive Plan and we integrated them into the strategic plan. So, yes, all of those are forming this document and informing what the strategic plan should be and, yes, the budget should be a part of that as well. But the Comprehensive Plan is not all included in the strategic plan, but there is definitely elements of it in the strategic plan document, whether those be short-term goals, for longer term items that are in that -- that guiding document, but I look at those as guiding documents, that that Comprehensive Plan, we are looking to do an update to it, that should also inform some of our strategic plan goals and strategies that exist and that's currently in the strategic plan that we have currently adopted. There is a number of those initiatives in that plan, too. Simison: Councilman Taylor, if you can figure out which came first, the chicken or the egg, because that's really where there is a -- you know, you -- you don't want there to be conflict in either document, but if there is a directional change that should exist, you know, right now since we do have an adoptive comp plan I don't think we would want something in the strategic plan that was in direct contradiction to that. No different than other plans we may adopt that may be in conflict with our Comprehensive Plan, we don't want to have that precedent, but if the Council says over the next -- you know, one of our strategic plan items is to review certain portions of our comp plan that maybe -- you think should be moved in that direction. I think that there can be an evaluation part to this that pushes those question marks about those type of elements and, evidently, if -- you know, I -- I would hope that we don't have -- especially in the comp plan, but, you know, our Fire Department has a plan, Public Works has a plan, they all have a plan of some sort and so they all feed into the content as best they can. But, ultimately, if the Council thinks we should go one direction, I hope that the directors would evaluate their current strategic plan and make sure that it's updated appropriately to align. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Thanks, Vincent. I guess a couple questions, maybe a couple comments. I thought it was interesting that you focused a lot on Council goals capitalized in -- in this presentation. Can you kind of expand on that in terms of what do you feel like is the difference of it being Council goals versus a -- like in my mind the last time we did this strategic plan was a very collaborative effort. It involved the City Council, it involved the Mayor's office, like do you foresee that changing or happening differently? Koontz: Mr. Mayor, Members of Council, Council Woman Strader, I highlighted Council goals because as a body I think it's important to have you adopt what goals for our community as elected officials and they are adopted goals by our Council, by our elected officials, and so I highlighted those as -- as Council, because one of the things I think I have heard from the discussions we have had is if we are going to have big priorities we need to make sure that our body and the Council agrees on what should our big priorities be and if words matter and you as a body believe, you know, where we Meridian City Council Work Session May 6,2025 Page 9 of 16 are going to go as a community over the next ten years, I think there should be some congruence that our Council as a body agrees on those things and that -- that's generally the feedback I got from directors and to give us a flexible plan we need to hear from our elected officials on what our big goals should be, what should our priorities be, what are our results that we want to have. If we are going to be -- if we are going to say we are going to be a premier community by 2035, what are those things that we need to do? What are those things we need to have in that time period? And so that was one of the reasons I highlighted that. I don't disagree that, you know, our goals should be established by the entire organization, but that was highlighted because of that fact. Strader: Mr. Mayor, a couple follow-ups. Simison: Council Woman Strader. Strader: Thank you. No. That's helpful. I just kind of wanted to like get your philosophy there. So, I guess a recommendation I would have is I found it a bit cumbersome to have to flip back and forth between the original focus areas document and the updated focus areas document. I think if you do a merge and compare and create a red line that would really help everybody. I did have some comments. I think the changes are pretty subtle. I think overall they are very similar goals. I think the -- the -- the things that popped out at me -- and I would like more time, actually, to provide feedback about the focus areas and the goals. I want to make sure we are being ambitious enough. I think that's really important. I felt like a lot of the modifications we are kind of tweaking or dialing back what we are trying to achieve. I will just give one example. Our previous focus areas talked about being one of the safest cities in the west. I thought that was really important. I do think it's important that we compare ourselves to other cities and it's important to me that we can compare ourselves and say that we are the safest, if not one of the safest cities in the west. So, I -- I felt like just kind of that movement around safety still being important, but kind of taking out that language I feel like that made that less ambitious. So, that's just one example. There were some changes in the public health and safety focus area that kind of -- I felt like narrowed the focus to emergency services and kind of took out some of the environmental health and infrastructure considerations that I thought were important. I do think those areas are covered elsewhere, but I'm not sure that those changes made sense. So, there were just a few different things that I thought, you know, this is really important and if the focus areas are kind of the central thesis of what our goal is for every area, I think -- I think we all need to look at it harder and actually I felt like, if anything, we need to be a little bit more ambitious. That -- that would just be my general feedback and I think if we are going to set a strategic plan we should aim high. I think that's important. And so I just want us to have an opportunity maybe to take a couple weeks to -- and you are not going to be here, so now I'm like what are we going to do? But I think we need to take a little bit of time and kind of go through this together in more detail either individually and maybe you could gather feedback or something. I don't know how you want this all to work with you departing nine days. So, just throwing all that out there for the group. Meridian City Council Work Session May 6,2025 Page 10 of 16 Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Kind of along the lines of what Council Vice-President Strader said, I have a -- I'm thinking of a scenario and I'm kind of curious if this would be a strategic plan thing or a comp plan thing. Chicken or the egg. I don't know. But let's -- this is an exercise. Let's say I had an idea that was probably shared by several of us up here that we wanted Meridian strategically over the next ten years to be -- to get to a point where it was a city that was recognized for being very welcoming for entrepreneurs, for come be creative, we are going to open our arms, we are going to -- you can experiment with -- with technologies here. You can partner with the city. Something where we are trying to be a lot more aggressive to cultivate higher wage jobs, creative forward thinking tech driven kind of a thing. Is that something where we would highlight in a strategic plan? Here are some things we would like to reach for as a city to kind of -- part of being a premier city where, you know, I -- I don't want to compare it to like an Austin, Texas, but they have been very aggressive in pursuing those kinds of things. Let's say if Meridian wanted to have something like that, is that a strategic plan focus area? Is that a comp plan thing? I'm just kind of -- kind of curious, because to Council Woman Strader's point, there probably are some areas where we can, you know, have a strategic plan that is a -- like, you know, that's our -- an ambitious goal to strive towards, in addition to doing a good job running a great city and what we have, but are there some things that could cause us to reach a little bit? Where would we put those ideas? Koontz: Mr. Mayor, Members of Council, Councilman Taylor, what -- what you are talking about is the more aspirational piece, the visionary piece, the kind of what we will have, what we will be in ten years or five years and so those always have a place in a strategic plan. It's a matter of how do we get there and what are the steps we need to put in place and that's where the writing good goals and saying what the results are going to be and what is the outcome we look to achieve. It's easy to say we would like to be like the tech center for the Valley. Like, well, how do we do that? What do we need to put in place to do those things? But putting an aspirational statement out there about what we want to be and that vision we want to have is great, but it's -- it's always the devil is in the details about where we are going to -- what we are going to do, what we are going to accomplish, how we are going to pay for it and if it is one of those -- and what staff are going to work on it. So, that is in that strategic plan. So, that's what -- and I think that illustrates the point of why we need to set great goals for our -- with our Council body, because those are important and if we say, hey, we would like to be this in five years, how are we going to get there? What are we going to do? What are we going to put in place? So, it's great to have those visionary statements, because that -- that really sets the tone for what your strategic plan should be. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session May 6,2025 Page 11 of 16 Strader: I will just like maybe -- as an example I will chime in on that. I would like to support what Councilman Taylor just said. Like I think that's a great example of something where we could get ambitious together and try to find some alignment, because I think Meridian becoming a hub of technology and innovation is a really great goal. I'm guessing the majority of our Council would be very interested in, if not everybody I'm sure. So, like I think that's a great example of like an ambitious goal that we could talk about sharing. I think, you know, hanging out a shingle to be the safest, if not one of the safest cities in the western United States I think is a great goal. I think maybe if people have ideas we throw them out in this meeting or we can take them and maybe have a follow up. But I do think like getting more ambitious together I think would be really good for our next plan. Cavener: Mr. Mayor? Cavener: Council Cavener. Cavener: Vince, first just really want to thank you. You have been a unique breath of fresh air in the halls of City Hall and I have always enjoyed our conversations and your willingness to challenge. I always appreciate somebody who is willing to push back on what I think is the best plan and you have been willing to do that diplomatically. Where I'm -- Council may be a little concerned is not quite knowing what the future holds for this plan, what it holds for staffing, I'm reluctant for us to start what -- what about this? What about that? I don't want us just to go through that exercise without a road map for implementation. So, I -- I think that all of us maybe have some ideas. I think probably some of us came with ideas, certainly have ideas after talking with Vince, but I'm not quite sure now is the right time for us to start elevating that without a road map for what implementation would look like and I don't know, Mr. Mayor, if you have got info to share on that or kind of what your plan is. That -- that would be helpful for me to know kind of what next steps would look like. Simison: I have no next steps at this point in time. Like I say, this is -- all kind of came in on Monday. Was that -- did we talk on Monday? Yeah. It was last week in that context. But, no, we -- and part of it, you know, Dave is out sick today, so I don't even have the supervisor here today so they can say, oh, here is what I think I can do, because he and I have not had that contact. We -- we want to get this in front of Council, see what their reaction was and, then, really, it will help us make a determination by filling the position and what to be focused on in that context. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: What might make sense, then, is maybe over the next 30 days if you can figure out what that road map is, you indicate that to Council, then, depending on timing this is something we could continue the conversation either before we move into budget season or if this is something that we could revisit in the fall after budget is set. Meridian City Council Work Session May 6,2025 Page 12 of 16 Simison: I think that that's -- you know, traditionally 90 days to -- to fill a position, so -- and sometimes these cannot be the easiest positions to fill. We -- we have had that experience in the past. It takes a special person that wants to do this type of work to begin with. But, yes, I think that that works and I'm sure Dave is either watching or he will go back and watch this and we can help evaluate a path forward, because we -- we want to get there. We don't want to just pause completely, but I just don't know how, much along with everything else that we are going to be taking on in the next three months, that I can dedicate resources here that don't exist, so -- Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Yeah. And just in terms of giving you some feedback of, you know, giving this -- putting this in front of us and kind of getting a sense where council would be interested in going, I view this as a -- I'm really fascinated with this idea. You know, Vincent, you and I talked a little bit about how this could translate into some operational excellence and maybe inform policies that we may or may not want to kind of look into. I like the idea of, you know, coming -- the timeline is fine and the implementation, you know, however we get there. At some point I would like to kind of dive into how this could be a bit more of an aspirational document with goals and -- and recognizing -- challenging the City Council to help kind of identify goals. I see Meridian interestingly kind of at an interesting inflection point with our growth and kind of -- rapid growth and I almost view like the next stage of maturing into like a -- I don't know, sort of this -- just evolving into that next thing whatever that looks like and I -- I think we have an opportunity, as you know, with the city leadership and the -- the Council and the Mayor to kind of chart a path forward where we what do we want to do? Because we are not well defined as one thing yet and it would be kind of a very -- I think fruitful conversation that would welcome the -- the input from the business community, from other thought leaders as to like where do you see Meridian and how could that inform what -- where we want to go. So, I like the idea. I appreciate the opportunity to kind of take a moment and reflect on this and kind of see what we have had, how it's been good or bad, some of the feedback on that and, then, really spend some time thinking about how can we use this to get ourselves outside of just the budget conversation or just the land use conversation into where do we want to go. Because the bigger picture discussion could inform how we may want to consider budget discussions and land use. So, I -- I appreciate the opportunity and sad to see you go. Wish you well with your next step, but thanks for your -- your work on that. But, Mayor, I just kind of want to provide my -- my thoughts on how I envision this exercise and what we may or may not want to do with this, you know, when we get to that. Overton: Mr. Mayor? Simison: Councilman Overton. Meridian City Council Work Session May 6,2025 Page 13 of 16 Overton: Kind of a slightly different take on this and the comments have been great. Don't get me wrong. In fact, a lot of the comments hit on things that are very important. But there is always a disconnect when we are looking at this and looking at aspirational viewpoints and that is the connection to our employees when they look at such a document and we are talking about what we want to do they are going well -- everything we are hearing and everything we are hearing with budget how -- how does that translate to us and I think there has always been a struggle with a strategic plan and how it ties into the everyday employee and how they do their job. I think we have to remember as leaders to not just want to do something that's lofty and aspirational, we have to do something that's also realistic that they can understand that they can buy into as well. So, I think putting a pin in it for right now is probably a really good idea, because this is a -- this is a very important project to try to get right to find that balance that meets all those goals. But, again, Vincent, I appreciate all the work you have done. It's fantastic. We will miss you. Wish you the best. Thank you. Koontz: Mr. Mayor, Members of Council, Councilman Overton, I -- I echo that, too. You know, being someone that's been here for the past seven and a half years it is important for our employees that they see something in our strategic plan. What does it mean for them and however we articulate that I think that's absolutely important, because, you know, working here the last seven and a half years I have thoroughly enjoyed my time here, but just working with all these great individuals, like I can tell you that they -- they care about the things that you say and the actions you take and so that's important and so make sure you do, so -- Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor, Vincent, thank you so much. I can't help but compare what we are looking at now. This is so hard that I can't see you or be by the mic. Can't help but compare the first strategic plan to where we are now and it's such a big improvement. I know there are -- to me they are a living, breathing document. So, we are always working on them, always, you know, striving to see how it impacts us and how what we are doing impacts it. So, I would love to see these ideas take formation and -- and see where we can take this, but always keeping our employees in mind as we do this. And on a personal note, you are going to be missed, Vince. I got to know Vince before he was even here through the Chamber and so I have had the privilege of working with him for a while and wish you the very very best, but you will be missed. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm just -- I don't give a false praise ever and I'm a pretty blunt person, but, Vincent, you are just one of my favorite people -- professionals of the city. Kind of viewed you as a -- like combination of our personal DOGE, our personal innovation Meridian City Council Work Session May 6,2025 Page 14 of 16 team. I mean I feel like you did so many things and have done so many things for us and just want to compliment you, because change is hard and I think it's hard to be the change leader in an organization and helping to push innovation in government is -- is unusual and it's been amazing to see you. I think you have made amazing strides internally and -- and with your partners, especially the directors and trying to help them with some of their thorniest challenges. So, I just really appreciate you. I'm really sad that you are leaving us, but I'm happy for you, because it must be an amazing opportunity. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Didn't mean to talk as much, I just have lots of thoughts, but Councilman Overton's point I really appreciate that and I -- I don't -- I don't probably have the perspective of someone who worked as an employee and tried to interpret all the things that came from them from Council, so I'm -- that's kind of what one of my leading question was, who is the strategic plan for? Is it for employees? Is it for us? I'm still struggling with that a little bit, because I -- I would make the argument a strategic plan with sort of visionary ideas would be interesting for the employees to say I get to be part of working towards this goal, but, then, they got to do the day-to-day stuff to make things churn and work and so that could be a little bit like what do I focus on? So, I -- I -- I don't have an appreciation for that. I'm kind of searching for what's the right balance of should this strategic plan really inform a lot of the plans that each of the departments make? How much do we put in? So, I will probably be trying to find that balance as we have this further discussion, because I like the idea of giving ourselves something interesting and to -- to work towards, including the employees, but I also don't -- I mean not been a day-to-day employee I don't have that appreciation of what it's like. So, I kind of rely on those that -- that do to help me find that right balance. But, anyways, I just wanted to kind of comment on that. Simison: Yeah. And I think the short answer is yes. It is -- it's trying to be something to everybody in a lot of ways and -- and finding that balance and that stretch and this will be the third time going through this and I remember the challenges of the first one, remember the challenges of the second one, see what the challenges of the third one are going to be and when you are a lean organization and you want to advocate for a change environment, what you have happened is Caleb Hood gets 53 Items in the strategic plan assigned to them, because that's the one resource that you have who's not just doing the day-to-day grind of processing applications and doing that work and it's -- so, when you really look at the -- you know, what's the breadth of the organization where -- you know, what -- how many people do you have that can drive a change, you know, at that future deliverable, you know, you are probably down to about 20 people in the organization that can really move a large item of significance -- like if you want to be a tech hub, you know, so -- and, then, if that's in conflict with another -- not even conflict, but if you have another big one. So, those -- I think that there -- there is always room for big ideas. I don't want to say that there is not. But can't lose sight of the -- also the Meridian City Council Work Session May 6,2025 Page 15 of 16 tangible elements of the plan to, you know, work to and, you know, we -- we really learned very much about execution in plan one. You know, this was the date that we were going to do it. This was what we were going to do. This -- you know, it was very much like that. You -- you want to go big and aspirational, there is not maybe as much that you are going to expect in some regards. You know, you can say we are working towards that goal, but trying to define those things are also a little bit more nebulous. You know, how do you know when you have hit the Austin tech hub standard. No different than, you know, medical technology hub of Idaho. Yeah. So, it's -- but it's good to put out there. It's good to have that vision in that context. So, I think these will be great conversations and, frankly, when we fill the position I'm going to have to go back and watch this before they do the interview, but they will see here is what they are going into and do they think they have the skills and -- to bridge this conversation? You know, that's what -- that's what I'm going to want to know. So, Bill, I don't know if we are legally allowed to make them review, you know, stuff like this before they come in, but we will -- we will make it known to them and we will see what their feedback is at that point in time. So, Dave, if you are listening, watching, sounds -- sounds like we will continue the conversation just sans Vincent. But if you have some feedback that you want to get to him in the next week that he can leave for the next person, I'm not going to assign him -- you know, tell him, but I'm sure he will be happy to come back and spend the whole time with the next person just to show him where the information is or have a debrief over coffee or lunch from that standpoint. So, it can even be on your next employer's time. Koontz: Mr. Mayor, Members of Council, I do want to say something to you all. So, it's been a privilege working here, working with all of you, talking with all of you and sharing stories and sharing our community and I just -- I want to, you know, Luke, you know, when I had my internship back in the day, you know, tagging along with you on all sorts of crazy adventures and -- and I -- you know, just going to church with you and working with you here and, you know, everybody up here I have -- I have had some different experiences with and, Robert, thank you for the opportunity with my internship back in the day and just being able to share in our community and just be a part of Meridian and I will continue to be so -- be a part of this community, I will just be as an interested party instead of an employee, so -- but, you know, it's been -- it's been great working with all of you and I look forward to building that community throughout the Treasure Valley, so -- so thank you and I will sign off. Cavener: Thanks, Vince. You know, we appreciate you as well. Mr. Mayor, that is the end of our items for our workshop, so I move we adjourn. Strader: Second. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Work Session May 6,2025 Page 16 of 16 MEETING ADJOURNED AT 5.15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 20 / 25 DATE APPROVED Luke Cavener, Council President ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 22, 2025 City Council Work Session Meridian City Council Work Session April 22,2025 Page 22 of 22 Nary: We can do that. Cavener: Great. Nary: Thank you. Cavener: Council, anything else? If not that brings us to the end of our agenda for our work session. Strader: I move that we adjourn the meeting. Cavener: It's been moved and -- Little Roberts: Second. Cavener: -- seconded by Council Member Little Roberts and we are adjourned from the work session. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Robert E. Simison, Mayor 5-6-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 5-6-2025 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 22, 2025 City Council Regular Meeting Meridian City Council April 22,2025 Page 13 of 13 will be able to come in and order what you want. You are welcome to bring your guests and no business in that meeting, just good fellowship and conversation. And, then, if could have a quick moment of privilege, Council. This last weekend I did something that I never thought I would go do, was I went and saw WrestleMania with my nine year old son. Now, it did not go well because our hero, our champion Cody Rhodes, was defeated by the dastardly John Cena and it broke my son's heart and like all parents you want to do whatever you can to take care of our kids and so I made a promise that I probably should have checked with you all first, but I didn't, so you will have to indulge me, which is that I'm calling on Cody Rhodes to get a rematch against John Cena at the next pay per view on behalf of Lincoln Cavener. So, Pork Chop, I know you are watching and happy to follow through on that promise. So, with that I would now entertain a motion to adjourn the meeting. Strader: Council President Cavener, I move we adjourn the meeting. Little Roberts: Second. Cavener: Motion and seconded. All in favor of adjourning? And we are adjourned. Thank you, folks. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Robert E. Simison, Mayor 5-6-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 5-6-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Xylem Dewatering Solutions Water Main Easement (ESMT-2025-0032) Ada County Recorder Trent Tripple 2025-028005 Boise,Idaho Pgs=6 vbailey 05/07/2025 09:29:08 AM CITY OF MERIDIAN IDAHO$0.00 Project Dame or Subdivision Name: Electronically Recorded Xylem Dewatering Solutions Water Main Easement Number: Identify this Easement by sequential number if the project contains more than one easement of this type.See instructionstchecklist for additional information. For Internal Use Only ESMT-2025-0032 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of May, 2025 between Kalispell Investor Fund, LLC, an Idaho limited liability company, and Kalispell One, LLC, an Idaho limited liability company (collectively,"Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, Grantor desires to provide a water main right-of-way and easement 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 Grantee. NOW, THEREFORE, in consideration of the benefits to be received by Grantor, and other good and valuable consideration,Grantor does hereby give,grant and convey unto Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE EXHIBITS A AND B ATTACHED AND MADE A PART OF THIS DOCUMENT) 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 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. 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. Water Main Easement Page 1 Version 04/17/2023 GRANTOR covenants atld agrees with Grantee that should any part of the tight-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. GRANTOR does hereby covenant with 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 bindin0 Upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WI IEREOF, Grantor and Grantee hereunto subscribed their signatures the day and year Iirst herein above written. GRANTOR: /Kalispell Investor Fund, LLC. V all Idaho limited liability company 13y: Michac�. Fery, its Manager STATE OF 1DA110 > > ss County of Ada This record was acknowledged before me on _ by Michael N. Fery on behalf of Kalispell Investor Fund, I.I.C. an Idaho limited liability company, in the Iollowing representative capacity: Manager TRACY V. VANCE ota dnature r COMMISSION#20223849 My mmission Lxpires:_v - NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 811Z?028 Water Main Easement Page 2 Version 04/17/2023 Kalispell One. LLC, an Idaho limited liability company By: Michael N. Feiy, its Manager STATE OF 1DAF10 ) ss County of Ada ) rI/I lZj6Z' This record was acknowledged before me on - by Michael N. Fery on behalf of Kalispell One, LLC, an Iclaho limited li?l) lieu company. in the following representative capacity: Manager OU 'y S'Onature My CZ remission Eapires:_9 TRACY V.VANCE COMMISSION#2022 8849 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EKPI'+_S 8l12(1�128 Water Main Easement Page 3 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-6-2025 Attest by Chris Johnson, City Clerk 5-6-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-6-2025 g (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 4 Version 04/17/2023 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA Project. No.: R25044 Date: March 25, 2025 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT—KALISPELL INDUSTRIAL TRUCK WASH An easement lying in Lot 1 of Block 3 of Medimont Subdivision No. 2, riled for record in the office of the Ada County Recorder,Boise, Idaho in Book 79 of Plats at page 8453 lying in the NE 114, Section 18,T.3N.,R.1 E.,B.M.,Meridian,Ada County,Idaho and more particularly described as follows: Commencing at the Northwest corner of said Lot 1; thence along the North boundary of said Lot 1 South 89°01'41" East 31.48 feet to the POINT OF BEGINNING: thence continuing South 89*01'41'East 30.00 feet to a point; thence leaving said North boundary South 00*5819"West 18.00 feet to a point;thence North 89°01'41"West 30.00 feet to a point; thence North 00058'19"East 18.00 feet to the POINT OF BEGINNING, Said parcel of land contains 540 square feet, more or less. .off'�0s en8�o G9� fi 31tr�2 0 PB OF P� L Water Main Easement Page 5 Version 04/17/2023 EXHIBIT B -, EXHIBIT' FOR ;CITY OF MERIDIAN WATER EASEMENT - :�;..\ KALISPELL INDUS-1 KIAL I RUCK WASH CD �=�\ LOT 1. BLOCK 3. IAEDI}AONT SUBDIVtSIOV NO. 2, \:�`, \ LYING IN THE NE 1/4, SECTION 18, UN., R,1E.. B.M.. .. . MERIDIAN.•ADA COUNTY, IDAHO v - �.•.. y •— V Y. '� — x .—. i . E. KALISPELL STREET scAL r., r a 30' P"Ir or 8ScNray.-G� S 89.01,4r r 178_48• _ NOC•S8.19'E �� "— ----- --- -L 6 69-0i•ar`• ,'- fxrsTlnc 10•PCf&.rc ur�rl r � �Ep�� r• I 30.00• BASEA'FJ.r PER PLAT �O t r 18350 S LOr 1, &= 3, 'Awl19011r Suapfv -a/W. ILEGEND — — SNUDARr tOC VA MR AC MR o. ® WATER rALv6 ,Q 'w2a ACKERMAN 0 VArER SLOW-OFF ��®ESTVOL,D O C�cLCl4.A7SD POW. N0T $Fl 766l We9 Poferswa 0mt.Sk.107 • Gvft C4j.M 8JT14 � N �2'Au-+7:r cCfr�vp 03-25-i`. ,W7. jv,. w E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Progress Avenue. Flex Office Building "A" Water Main Easement No. 1 (ESMT- 2025-0038) Ada County Recorder Trent Tripple 2025-028004 Project Name or Subdivision Name: Boise,Idaho Pgs=5 vbailey 05/07/2025 09:29:08 AM CITY OF MERIDIAN IDAHO$0.00 Progress Ave. Flex Office Building A Electronically Recorded ®I eejeet contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: ESMT-2025-0038 WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of May 20 25 between C4 LEASE 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 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 fist herein above written. GRANTOR: C4 Lease LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on q—//-o6a�5 (date)by (name of individual), [complete the following 2 signing in a represertta ive capacity, o strike the following If signing in an individual capacity] on behalf of_Q,4 &St.a� LLC (name of entity on behalf of whom record was executed), in the following representative capacity: 1'Y1,[�, (type of authority such as officer or trustee) Notary Stamp Below �0r.Z�.+••••,,• tt+ •,� Notary Signature Z' 01gR�;';� My Commission Expires: -a �O Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-6-2025 Attest by Chris Johnson, City Clerlc 5-6-2025 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 5-6-2025 (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 JAW Sawtooth Land Surveying, LLC S wToo7-1-1 P: (208) 398-81 04 F: (206) 398-81 05 ✓ ' 2030 5. Washington Ave., Emmett, ID 83G 17 Water Easement Description BASIS OF BEARING is N. 90000'00"W., between a 5/8"rebar/cap PLs 11574 marking the southwest corner of Parcel A of Record of Survey No. 14298 and the 1/2" rebar/cap PLs 7729 marking the southeast corner of Parcel B of said Record of Survey No. 14298, Ada County Records, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho. A water easement being a portion of Parcel A of Record of Survey No. 14298, Ada County Records, located in the W1/2 of Section 18,T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the southwest corner of said Parcel A marked by a 5/8"rebar/cap PLS 11574; Thence N. 27040'55" E., coincident with the west line of said Parcel A, 25.30 feet; Thence N. 90000'00" E., parallel with the south line of said Parcel A, 22.50 feet; Thence S. 00000'00" E., 22.40 to said south line; Thence N. 90000'00"W., coincident with said south line, 34.26 feet to the POINT OF BEGINNING. Said easement contains 0.015 acres, more or less. CL �J G: 1 574 � gl� ✓ �'?'r or P:\2021\1 EMT\121101-PROGRESS AVE PARCELS - CMG\Survey\Drawings\Descriptions\1 21101-WATER EASEMENT.docx EXHIBIT B CO olkNTR4 c 1 z 0 z . Volcn NO r 0 c I I°N- r„ -i y j S 00°00'00"E 22.40' z_ zAy ►d ; __ __ __ Zy � I N 00000'00"W 41.00' —� m -n x m — zm = z i t I 00 a it o j 'M I 0 ti rn rn m o f C � o D m ool o O ZE It m j I r PROF I co -Ti-ya3t 90 � a NN3n Q000�2 o0 00 0 I." n rn TO rn o j N „yZ,L�°9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Centerville Subdivision No. 2 Water Main Easement No. 1 (ESMT-2025-0041) E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Take 5 Oil Water Main Easement (ESMT-2025-0042) Ada County Recorder Trent Tripple 2025-027958 Project Name or Subdivision Name: Boise,Idaho Pgs=6 vbailey 05/07/2025 08:28:06 AM Take 5 011 CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded 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-2025-0042 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of_May 2025 between Alturas Eagle Vet, 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 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: Alturas Eagle Vet, LLC Alturas Capital Partners,LLC, a Delaware Limited Liability Company the Manger of Alturas Eagle Vet, LLC By: Name: T •is Barney Title: Chief Executive Officer STATE OF IDAHO ) ) ss County of Ada ) On this �� day of_ (� , 2025,before me a Notary Public of said State,personally appeared Travis Barney,known or identified to me to be the Chief Executive Officer of Alturas Capital Partners LLC, the Manager of Alturas Eagle Vet, LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. Notary Stamp Below •A• Notary Signature My Commission Expires:_0`S13OIZO20i �, •EAU S�'G:; . No .`C' met®a Oli IF�®`b�� Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-6-2025 Attest by Chris Johnson, City Clerk 5-6-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-6-2025 (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 Starnp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 0 1/0 1/2024 km E N G I N E E R I N G April 4, 2025 Project No.24-226 City of Meridian Water Easement Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 2, Block 1 of Sessions Parkway Subdivision (Book 129 of Plats, Pages 20984-20988)situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Northeast corner of said Lot 2,which bears N90'00'00"E a distance of 245.22 feet from a found 5/8-inch rebar marking the Northwest corner of said Lot 2,thence following the northerly line of said Lot 2,S90000'00"W a distance of 15.00 feet to an existing City of Meridian Water Easement per Instrument No. 2023-056725; Thence leaving said northerly line and following said existing water easement,S00°00'00"E a distance of4.38 feet to the POINT OF BEGINNING. Thence following said existing water easement the following two(2)courses: 1. S00°00'00"E a distance of 12.14 feet; 2. N90°00'00"W a distance of 18.40 feet to an existing City of Meridian Sewer and Water Easement per Instrument No.2024-046604; Thence leaving said existing water easement and following said existing sewer and water easement, N90000'00"W a distance of 1.60 feet; Thence leaving said existing sewer and water easement, N00°00'00"E a distance of 12.14 feet; Thence N90°00'00"E a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 243 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \4Nal LAy,s E N SFD G o 6 9TF OF ��<< H Y NSQ� y/Nj2a25 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com 0 c LOT 1, BLOCK 1 -C o SESSIONS PARKWAY 'J - POINT OF COMMENCEMENT SUBDIVISION NORTHEAST CORNER v 5 LOT 2, BLOCK 1 }, u NORTHWEST CORNER LOT 2, BLOCK 1 BASIS OF BEARING S00'00'00"E 4.38' QJ a POINT OF BEGINNING c a N90'00'00"E 245.22' 230.22' 15.00' N X L5 ra Ln ILLJ L2 CQ — o o Parcel C per ROS No. 14759 L3/ [a m 3 Quitclaim Deed per EXISTING CITY OF MERIDIAN o r, o N w Inst. No. 202S-009721 SEWER AND WATER EASEMENT — Lq cc Owner: GFT Meridian Investments LLC PER INST. No. 2024-046604 X ro o LU m z LINE TABLE < m o w LINE BEARING DISTANCE ° u J N L1 S00'00'00"E 12.14' 4- v w o LOT 2, BLOCK 1 L O > ° x SESSIONS PARKWAY o L2 N90'00'00"W 18.40' SUBDIVISION a EXISTING CITY OF MERIDIAN Z " L3 N90'00'00"W 1.60' WATER EASEMENT PER U ° Y INST. No. 2023-056725 i o 0 L4 NOO'00'00"E 12.14' r o 0 �r w L5 N90'00'00"E 20.00' a Q V) Parcel B per ROS No. 14759 Quitclaim Deed per I 2 20, 5 PROJECT: 2 Inst. No. 2025-009720 I DATE: April, W Owner: GFT Meridian Investments LLC SHEET: I OF 1 N N O x LEGEND a QO FOUND 5/8" REBAR 0 30 N 60 90 ❑ CALCULATED POINT BOUNDARY LINE ENGINEERING Plan Scale: 1" = 30' S72S NORTH DISCOVERY WAY ————————EASEMENT LINE eoisE,IOAH083713 ry PHONE(208)639-6939 C kmengllp.com a Title: Date: 04-04-2025 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.006 Acres: 243 Sq Feet: Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 64 Feet 001=s00.0000e 12.14 003=n90.0000w 1.60 005=n90.0000e 20.00 002=n%.0000w 18.40 004=n00.0000e 12.14 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lavender Place Subdivision Pedestrian Pathway Easement (ESMT-2025-0043) Ada County Recorder Trent Tripple 2025-027957 Boise,Idaho Pgs=5 vbailey 05/07/2025 08:28:06 AM CITY OF MERIDIAN IDAHO$0.00 Project Name or Subdivision e: Electronically Recorded Lavender Place Subdivision For Internal Use Only Record Number: ESMT-2025-0043 PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement e this 6th day of May y .... 20 25 between LH Development LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of whichthe City of Meridian desires to establish a public pathway; and WHEREAS. the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions oft e pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement describe herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTORdoes hereby grant untote Grantee an easement on the following property, described on Exhibit "A" and depictedon Exhibit " " attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTORcovenants and agrees that Grantors all 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, ors rubs. IT IS EXPRESSLY ST AND AGREED,by and between the parties hereto, that the Grantors all repair and maintain the pathway improvements. THE GRANTORhereby covenants and agrees with the Grantee that should any part o the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page 1 Version 0 1/0 1/202 then,to such extent such 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 it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Development LLC STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on Zo date by Lawrence Squires (name of individual), [complete the following Z signing in a representative capacity, or strike the following 1,f signing in an individual capacity] on behalf of- H Development,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) Notary Stamp Below r ,``�� illost y�� Notary Signature I �> A T,q y�i, My Commission Expires:_,[1 3a12o2 �� li�• ��0 ? a �pTAq ••'9 z y 3 t Z 'OUB1.�C# = sell Pedestrian Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-6-2025 Attest by Chris Johnson, City Clerk 5-6-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-6-2025 (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 Pedestrian Pathway Easement Page 3 Version 01/01/2024 Exhibit A Legal Description Lavender Place Subdivision City of Meridian Pathway Easement An easement located in the SE '/4 of the SW % of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southwest corner of said SE '/4 of the SW '/4 (W 1/16 Corner), from which an Aluminum Cap monument marking the southeast corner of said SE '/4 of the SW % bears S 89°58'24" E a distance of 1331.96 feet; Thence N 0°09'52" W along the westerly boundary of said SE '/4 of the SW '/4 a distance of 352.21 feet to a point; Thence leaving said boundary S 89°58'24" E a distance of 60.00 feet to a point on the southeasterly boundary of Lavender Heights Subdivision No. 1, as shown in Book 122 of Plats on Pages 19137-19140, records of Ada County, Idaho, being the POINT OF BEGINNING; Thence leaving said boundary S 70°56'08" E a distance of 89.92 feet to a point; Thence S 75°33'08" E a distance of 650.92 feet to a point on the westerly boundary of Lavender Heights Subdivision No. 2, as shown in Book 122 of Plats on Pages 19344-19346, records of Ada County, Idaho; Thence along said westerly boundary S 0°01'36" W a distance of 20.65 feet to a point; Thence leaving said westerly boundary N 75°33'08" W a distance of 656.87 feet to a point; Thence N 70°56'08" W a distance of 83.55 feet to a point on the boundary of said Lavender Heights Subdivision No. 1; Thence along said boundary a distance of 7.28 feet along the arc of a 144.00 foot radius non- tangent curve right, said curve having a central angle of 2°53'50" and a long chord bearing N 1°36'47" W a distance of 7.28 feet to a point; Thence continuing along said boundary N 0009'52" W a distance of 13.97 feet to the POINT OF BEGINNING. \oNp,� LANs This easement contains 14,814 square feet (0.340 acres) and CO F �p 5 ST R is subject to any other easements existing or in use. Clinton W. Hansen, PLS 11118 Land Solutions, PC "oH I►w IzS� April 18, 2025 �i�9TF OF SON W . NP Lafld:�01I,t1,011 Lavender Place Subdivision Land Surveying and Consulting Meridian Pathway Easement Job No. 17-55 Page 1 of 1 LAVENDER PLACE SUBDIVISION CITY OF MERIDIAN PATHWAY EASEMENT - EXHIBIT B POINT OF BEGINNING LAVENDER HEIGHTS SUBDIVISION N0. 1 L1 AREA=14,814 SF L5 C1 ' S75 33,�8f z ' ~' f 308 ```'' w 00 (� PROPOSED LAVENDER PLACE SUBDIVISION J cn _ m O O Z Vi I 32 E. LAKE HAZEL RD. _ _ _ _ _ V454 S89'58'24"E 1331.96 _ W 1/16 BASIS OF BEARING S 1/4 LINE TABLE CURVE TABLE LINE LENGTH BEARING CURVE LENGTH RADIUS DELTA BEARING CHORD L1 60.00' S89'58'24"E C1 7.28' 1 144.00' 2'53'50" N1'36'47"W 7.28' L2 89.92' S70'56'08"E L3 20.65' SO'01'36"W L4 83.55' N70'56'08"W L5 13.97' 1 NO'09'52"W L LA ONp. NO � 5 S TER G,p� 0 -� N�04 (1F OHO z Lan futions � 97F �pP 5� Lind 01 75 150 300 0 F I Surveying and Consulting 7i TAN A 231 E.STH ST.w• Nr MERIDIAN,ID 83642 1� (208)288-2040 (208)288-2557fax www.landsolut ions.biz JOB N0. 17-55 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Luna Hospice Water Main Easement (ESMT-2025-0044) Ada County Recorder Trent Tripple 2025-027959 Boise,Idaho _ Pgs=5 vbailey 05/07/2025 08:28:06 AM Project-Name or SUbdivision Name-, CITY OF MERIDIAN IDAHO$0.00 Luna Hospice Water Easement Electronically Recorded Water Main Easement Number: 01 't entity krtrs.Ease:crvnt by cer;4a nbal is4trter if W7 P10j ct,amtarts wre than€ne easennntcat Rktts€yVx,,1,aee a;vstrmt4onsdchecKhst Bcrr ad(,'Mtcna4 ntorma hon EMT-202 -0044 WAT'EEE2 MAIN EASEMENT `T'1{IS E.aseinentAgreei-le►it inade this 6th Day of May 2rf 5 between OverlandHH t.t�e . u ("Grantor")and the City f'Meddia►� an Idaho Ulli i al n W Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-olxway across the premises and property hereinafter pailiculady bounded and described; and WHEREAS , the water rnai►i is to be provided for t.hrOUgh ►lndergTrOUnd pipelines to be collstrrlcted by others;and WHEREAS, it will be necessary to maintain and service said pipelines-firo►n ti►ne to three by tlae Grantee; NOW,THEREFORE. in consideration of the benefits to be received by the Grantor,and other good and valrlable consideration, the Grantor does hereby give, grant and convey ti11t0 the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across tlae f'ol lowing described property: (SEE ATI-AGI IED EXHIBITS A and B) 'I'he easement hereby granted is For the purpose of construction and operation of water ►rirains and their allied facilities,together with their maintenance, repair and replacement at tine convenience of the Grantee, with the tree right ofaccess to such facilities at any and all tunes. ,TO HAVE AND TO 1101.[), the said easement and right-of-way UntO the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREFI), by and between the parties hereto,that after rnaking repairs or perfon-ning other-maintenance,Grantee steal l restore the area of the ease►Tlent 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 ease►Taent. 'ru GRAN`TOR 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 rise of said easennent,; inCkld ng, but not hinited to, buildings, trash enclostlres, Carports, sheds, fences„ trees or deep-rooted shrubs. T[lE>GRANTOR covenants and agrees with the Grantee that should any part oftile right-ofl way and easement hereby granted steal I become pail of,or I ie within the FOUndaries ofany Water Main Easement Page I Version 0 i ttt 1/2024 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: Overlandhh LLC STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on sZA�-(date) by 01IC 1 L(_Z.L.L) (name of individual), [comp/ete the fnllntit ing Z signing in a representative capacilt, nr strike the following if signing in an individual capacity] on behalf of NV%A &A q� �LA (name of entit on behalf of whom record was executed), in the following representative capacity: _ and Member (type of authority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires:, Aooette Chambers vN Commission Number:59293 Notary Public State of Idaho My Commission b:Pires:0 311 612 0 2ti Water Main Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-6-2025 Attest by Chris Johnson, City Clerk 5-6-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on _5-6-2025 (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 March 20, 2025 Overlandhh, LLC Legal Description A parcel of land being a portion of Parcel A as shown on record of Survey No. 14354, Instrument Number 2024-014186, being a portion of the NE 1/4 of the NW 1/4 of Section 19, T.3N., R1E., Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of said Parcel A, thence on the north line of said Parcel A N89143'32"E a distance of 144.41 feet to the True Point of Beginning; thence S00116'28"W a distance of 10.00 feet to a point on a line parallel with and distant 10.00 feet from last said north line, thence on last said parallel line N89143'32"E a distance of 20.00 feet; thence N00°16'28"E a distance of 10.00 feet to a point on the last said north line; thence on last said north line S89043'32"W a distance of 20.00 feet to the Point of Beginning. The above described parcel contains 200 Square Feet, more or less. P-4 0M EASEMENT EXHIBIT B A PORTION OF THE NE 1/4 OF THE NW 1/4 SECTION 19,T.3N.,R1E-, BOiSE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO. I N 1-4 CORNER SECTION 19 i N 89°43'32"E 2444.35' 1498.35'~r— —— _ 250.00' ——— —� —— 696.DD' ''`�♦ NW CORNER SECTION 19 8 E. OVERLAND ROAD vi ACHD SLOPE �* EASEMENT `r L4 S89°43'32"W-250.00'� -T - - — — 144.41' — _ ---- POINT OF BEGINNING 11 L2 POINT OF COMMENCEMENT Parcel Line Table 4 of LO Line# Length Bearing ui L1 10.00' SO'16'28"E 's l PARCEL A uJ C, , L2 20.00' 389°d3'32'W iv c+) : T� ROS 14354 L3 10.00, SO,16.28'E y i� pp L4 20.00' S89'd3'32'W "O Uj i (Z e I NW,43'32"E-250.00' — — __-_- � r i a� YS �; t� �am r�c-ry ;� 18 'o g 1 q�E O?�A, 3 `� - F SCALE(HI, 1°=50' :h PROJECT NO. SCALE M. WA ACKERMAN -----... P24019 DRAWN BY:AMC ESTVOLD ------ '-- DRAWING NAME DESIGNED BY.AMC —^-- T EASEMENT CHECKED BY:AMC 7661 West Riverside Drive.Ste.102 Garden City,ID 83714 208.853,6470- wwwackerman-ostvofd.com } ur 1 DATE:12.31-24 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Elevate Self Storage Full Release of Sanitary Sewer Easement (ESMT-2025- 0046) Ada County Recorder Trent Tripple 2025-027956 Boise,Idaho Pgs=1 vbailey 05/07/2025 08:28:06 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded ESMT-2025-0046 Elevate Self Storage FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: SANITARY SEWER EASEMENT GRANTEE: CITY OF MERIDIAN GRANTOR: PUBLIC STORAGE OPERATING COMPANY,A MARYLAND REAL ESTATE INVESTMENT TRUST INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated August 27, 2024 and recorded as Instrument Number 2024-047716 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 . 6th day of May 2025 CITY OF MERIDIAN Robert E. Simi ayor 5-6-2025 (Z,/ —6'�� SF,AL Attest by C *s Johns". �Clerk 5-6-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-6-2025 Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Cha&YcW2 C HARLE N E WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 W IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Apex Northwest No. 6, by Brighton Corporation, generally located near the northwest corner of S. Locust Grove Rd. & E. Lake Hazel Rd. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 05/06/2025 Legend@� DATE: Project Location 0 TO: Mayor&City Council ::: Area of Impact EIE ~= City Limits FROM: Nick Napoli,Associate Planner O Analysis nnapoli@meridiancity.org �, 1 SUBJECT: Apex Northwest No. 6 FP-2025-0003 r7rM LOCATION: Near the northwest corner of S. Locust Grove Rd. &E. Lake Hazel Rd., in the SE %4 of Section 31, Township 3N., z Range 1 E. I. PROJECT DESCRIPTION Final Plat consisting of 61 single family building lots and eleven(11) common lots on 29.11 acres of land in the R-2 and R-8 zoning districts for the Apex Northwest Subdivision No. 6. II. APPLICANT INFORMATION A. Applicant: Amanda McNutt,Brighton Corporation—2929 W.Navigator Drive, Suite 400,Meridian ID 83642 B. Owner: Brighton Development Inc.—2929 W.Navigator Drive, Suite 400,Meridian ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plats for Apex West(H-2021-0087) and Apex Farr(H-2024-0014)in accord with the requirements listed in UDC 11-6B-3C.2. This plat incorporates a portion of each Apex West and Apex Farr as Brighton Corporation is the developer of both subdivisions. A portion of the Apex West plat was overlayed with the Apex Farr plat, so there is some layout variation,however,the number of lots for this phase did not increase, and the open space remained the same. Page 1 In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-613-3C.2,the number of buildable lots cannot increase, and the amount of common area cannot decrease. However,the road alignment and lot configuration have changed slightly from the preliminary plat. This is due to the approval of Apex Farr(H-2024-0014). Since there is no change to the number of buildable lots and the amount of common open space is the same, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat Apex Farr(dated: 05/01/24) PRELIMINARY PLAT SHOWING APEX FARR SUBDIVISION -- ■PMcESofuboSRUAIEiJIN foRTION OE SCCfION 31.iOWH5nre3 W MMIrv,MMiF v EASI,WM NiEW'M,AP4 N"MG . i�) •,�'� �..�. ; „i r % - _ .,.quo ---- ..._ 17- `•°�4 �a — ! AD(k FARR SIlBp1Vl61[IX 3 ° ... MEjLD!M.MEElpAHO S eu OO4ERS vie � B. Preliminary Plat Apex West(dated: 03/16/2022) APEX WEST SUBDIVISION PRELIMINARY PLAT "-.,.e •• A PARCEL OF LAND SE[ THE SDUTUATED EN A PORTION OF THE SOUTHEAST 1A T"E NORTHEAST Vt OF T"E SOUTHWEST •w•-� ". iJ4,AND HEAST 1J4 OF THE NORTHWEST 114 OF SECTION 31,TOWNSHIP S NORTH,RANGE YEAST, GUISE MERIDIAN,ADC7A COIINIY,IDAHO. - 1 • I — - I a j ITj ----- ss�nnnSIN rnmuoow,n.xo vp1.0 Page 3 C. Final Plat(dated: 01/21/25) PLAT OF _ -- APEX NORTHWEST SUBDIVISION No.6 T a vw,W.A W la.14.bu 5.sN.N.vwi.nw. ran Jl %+ Ywma in tM Nwn 114 Vie Swn—c]I'+N`�011"YaplppyiNri. —o In a Donlanof[ea Sev-1HaN elenl l 11a.ft Sevtliwme I� tM1iev wNmmqNV.wStN so/n1h.�RA.N�.e41v t L. 1/I v,Slim hiet1 m [-L A.M.,CI0 0Ml9 .kk iWS lam I .RaNki•tfV' __ SnFR IIY1n[ 1 7�_ �e-f LLCOA O � �J � ® ■ SIfBBmvlk b.. '�`� �mrtr Nanrw �� p2459 � •wt...v„,..�.-n.�N..r..,,v,,. •.fir >n oR.'no.seie Brighton LorporaOon wRRia.N,wr,o C. Landscape Plan(dated: 05/24/2024) k *z'k Jim, �G JR ASS- kE� Mir ............ rFtUTTkFE Ion �Al % I-- T -T T- 7- un R Page 5 FEM-f- Ion � '1ea�Aea�►—'— 1 #. � trl - s W s •aim Ic. -- _ � 4� ff �}LANDSCAPE PLAN 1 �a° 1 l� •�Ii4S7�� 1 Ii - 1 aer-- --- ------ ------------- �a y Ef - •r�g��ass. �m7 WS3.7��... l� ,�� •1 -� i t v 11 �} "i ® �L _ i. y l�-.� ,� �N� 2.33�'- it 4 u --_ km r� lA1�S E PL I��P un g �� o of/C ,.-r O Q � g a �5 06 ddd s� D q ------ km O O 0 O 0 gi 6 � O g 1 LL-11 I I I FENCE PLAN sn VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(H-2020-0066(Apex);Development Agreement Inst. #2020-178120(Apex);H-2021-0087 (Apex West); FP-2021-0056(Shafer View Terrace); H-2024-0014(Apex Farr); Development Agreement Inst. #2024-069485; applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of City Council's approval of Apex Northwest Subdivision No. 5 on September 10t1i,2024 in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering,dated: 01/21/2025,included in Section V.B shall be revised as follows: a. Note#9: Include the recorded instrument numbers for the ACHD temporary license agreement. b. Note#17 and 18: Include the recorded instrument number of the ACHD permanent easement. Page 7 c. Note#15 and 16: Include the recorded instrument number of the City of Meridian Sanitary Sewer and Water Easement. d. Add a plat note stating"direct lot access to S. Sublimity Avenue is prohibited except for Lots 3-10,Block 14." A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 05/24/2024, included in Section V.C, shall be revised as follows: a. Include shrubs and lawn or vegetative groundcover along with the trees within the landscape strips along the multi-use pathway adjacent to the McBirney lateral in accord with the standards listed in UDC 11-3B-12C. b. All required landscape areas shall be at least 70%covered with vegetation at maturity, with mulch used under and around the plants in accord with UDC 11-3B-5N. Either depict detailed landscaping in the areas where a green cross-hatch symbol is used for shrubs,perennials or grasses that demonstrates compliance with this requirement; or, include a note in the plant schedule for the cross-hatched area that states compliance with this standard. c. Provide a total of 10 feet of landscaping with a minimum of two(2)feet on each side of the pathway running along the rear of Lots 3-10,Block 14, in compliance with UDC 11- 3B-12. A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. A 14-foot wide public use easement for all multi-use pathways(Lot 1,Block 15; Lot 16,Block 10; Lot 9,Block 16; Lot 7,Block 17) shall be submitted to the Planning Division prior to submittal for City Engineer's signature on the final plat(s). 8. Homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-178120 and Inst. #2024-069485). 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 or Matthew.W.Petersongusps.gov for more information. 10. Homes on lots that abut the collector street(i.e. E. Quartz Creek Street and S. Sublimity Avenue) will be highly visible; therefore,the rear and/or side of structures on these lots(i.e. Lots 3-10, Block 14; Lot 2,Block 20;Lot 7 and 9,Block 19; Lots 15,27-29,Block 17; Lot 22,Block 11) should 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. 11. Street setbacks for residential units abutting collector streets shall comply with UDC 11-2A-6. 12. 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 datarLCetoSewer SewerAraila6lewtSibe Serviocs • Sewer SFmA t Eaima[.ed Project See applimzt on Sorer ERU's WA Rr Dcdi n ing Llalance + Proje!.Conadten[ Yes wiLh WW Master Pla nffmility Plan + ImpaolsLrcanmms Sec Public Works Site Speciric Condi[ions Water t bistancc Lo tibaLcr Water Av lableal$i[e Serrices « Pressure 2orLe t [A mated Project Sec applira Lion Water ERLI's • Water$Lalitx None • Proje!.Consistent Wes wiLh Water Master Plan t lmpaols/Conmms None Ensure w Meters orcwr ffiinf;fe toF Lhc renm adjust aoomArkSly.WaterScrvimscannot run acrmz,a propMV other than Lhc one being scrvcd.Water servim need to run along Lhe common lot with bletcr Looted in bmhd ansa_ (Commom)SLllr.SPECIFIC(X)NDITIONS: . )VaAerservices can[Mll nm amw.%a property other than the ime heiogserved.Staterseryke aeeJx to rum A ng the cLLmmon lot.Meer should be locale)in lm"taped area. 2. FeLlae cannLtihe within 5 feet of Water mdns.Adjust arcircdmgly. 3. Tme tnmL must he aL lead 5 fed Fiom the Waim service_ 4. HosureTULsesverseTvioez pass ILmnLgh infillralion trenches- S. F`nwkLe 2W]-- s ments FLr=o ,hvLtmnL laterals arwL wafer services.Ui emenimsbould extend up ILt the end 4ifmainrhydr3nl2wateT melerand 10'heynndit. 6. No per L nent xtnuetunes{bees,bushes,buiWiogs,cmTxirN trash Trxeptacle walls,fences, irsOltratiLTn trenches,light puler,etc_}dtheMull wrlhin Lhe uLililyeammenL Page 9 GFNERAL CON DITIONS: 1. Saniury mwcc service lit Ibis development is available via exter"ion ofextsling mains adjacent to the de%elepment.The applicant shWI install twits to and through this subdivision;applicant shaf 1 anordinsrle main zinc and muting wilhIbe Public Wmlcs(department,and execute standard furnss ofeascmtents for any mains that aro ecoluircd to provide.mice. Minimum caverover sewer mains is three feet,if enver from tap of pipe to sub-grade ix less than throe feel than alternate materials shall be used in ronforturwe of Cily of Meridian Ntblic Warts Departments Standard Speci f iwti ins. 2. Water service hip this site s available via exten&mvn ofexisling nmoirs adjacent w the develrpmeat_ The applicant shall be responsible to install water mains to and through this development, coordinate man sine and routing with Public Works. 3. All improvements related to public life,safely and health%Fall be completed peivr to occupancy of the structures.Where approval by the Cily Fognrcer,an owner may Itetst a performance surety for such improvements in order to obtain Ctty I--rgmccr signature on the final plat as set limb in UDC' I 1•SC•3 B. 4. Upon in tallation of the landscapirg and prior to inspection by Planning Department staff.the applicant%hall provide a wriucn eertificair al'complelian as set lueth in UIX'11-3B.14A. S. A letter ofcrodR or cwth surely in the asnrrn i of 110%will be required furall incomplete fencing, lanelseagrdn&amenities,preszurirrd ridgatirm,prior to signature on the final plat 6. Ilse Cily of\Meridian requires ibal the owner post with the Cily a petftansance cutely in the won unt of 125%of the trust construction cot for all incomplete sewer,water infrastructure pna to final plat sigi attrca'1h ix aurty will be verified by a line item aost enthrone provided by the owner to the City. The applicant shall be required so enter into a Development Susely Agreerncnl with the City of Mtsidian.The surely an he po:lcd in the form of an irrevocable letter of crodit,ctsh deposit or bond. Applic;tnl must file an applicatiom far steely,which cm be found on the Community Develepraenl Department wcbsite. Please contact dated Development Service For more information at$87.2211. 7. The City of Meridian requires that the owner past to the City a warranty surely in the amount of 2D%of the total comtructian coal fur all to mpteted sewer,and water infrastructure far a duration of two yeses.This surely amount will he vwified by a line item final cost invoicing prewided by the owner to the City.The surely can he Ito%ted in the loan of an irrevocable teller of crcda.ash deposit or bond_ Applicant most File an application leer surety, which an be found on the Community Development Department wehsite. Please contact Land Development Senice fur mnere infnrmrtiom at 997.221 1. S. In the event that an applicant ardor owner caanol complete nonlife,non-safely and urn-health impmvcmc nts,prior tit City I-ginerr signature on the fmal plat andnor pries to wcupancy,a surety agreement may be approved as me forth in IJDC 11.5C•3C. 9. Applicant shall be required No pay Public Works develtlnnemt plan review, and consuuclitm inspection fees, a%delentrined.during the plan review ltrosm",prior to the issuance of a plan approval Irttct. 10. It shall be the responsobilily of the applicant to rnxure that all developmenl feature comply with she Ameriam with Disabilities Act and the fair IDowsing Act I.Applicant shall be ersIxtroable for application and amepliamc with any Section 404 Permitting that may he required by the Anny Corps of Iingmccts. 12. Drvelirper shall awridinale mailtmm locations with the Meridrm Pool f]]Tme. 13.All 6rmbmr4rf the sllrsha I Belo i fonoed mumfnrmanre with?ACC 11 1 4G. 14.{'iimparum IexL relulls Aiall bu suhrnitled Mr the Mendian Building Department for all biultbn Foods receiving enginLm:d backfill.where Fwiting wituld sdatitp fill malarial. 15.The engineer mhall he Tegtured to c rLify that the sttwl rwlerlime elrvalkoin air ML a minimum of 3 feelahyrve The bigbesl estahhshed peak gnrurwLwaterelevalMm. This is to ems Llial Ike biiltimL elrvaliim of the Limwl spaces irf homes is al kasL 1 fitot abme. 16.The applwmilsdesrgrt engineer shall be respamilik formspecLiun lrfall irrigaLu+n andkir drdmgge FaeiliLy wtlhm Lliaprrrlert IhaLdxl nr1L fall under the junsdia3 m arFam inigauvn du,lria air A€'Ill]. The desi r engineer shall provide ci_atificatiun that The fac ililies have heen imulktl in actxirda e with the approveddesignplans ThlsciTrtifw:aLiLm will be required before aaemFicak u1'mcupancy is isxual fur any slruc-h es VAIM the l mjecL. 17.Al the awnpktion of the lxojed,The applicamt shall he Tempmrsuble Lo submILTLLiind drawmjr5 per the Vilyol'Meridian AvtoCAD stzi d,rdr. These reLanLdrawinp must be reoeLVL,l and Ypproyed prior No the nauarsoe ofa certi Firyitin nfou mpancy fm any slnichaes vilbin dic projccL III.StreeL Iiglit plan nNucements ate listed in sertion 6 7 irF the[TolwovruLem Mmilards Fu Sheen Lighting (bdp:41vww.meridianciLy.orSAw1olic wmks3spx?i&272). All street Iighls shall he iostallyd at dcrcloprr'S cnpcosr. Tinal dccigrr Shall bL submittal m trot or the dcvcloprrxoL plan srl for approval,which m„sL iocludc the Ioralioo irr any rlrstmig slrrct IrghLs_ Thr ambmckpes work mil =bt lx shall mnfirrm to the M11W ' am] the C:iLy of Merwbao Supplemental Specificaliuns LLT the IRI`V4'€'.€:;inlacL the€sty ilrf Mendiarr TranxpnrtaLirm and 111ilrly€:ounLinauir aL S9R S.SO1F fur rn IL+rrnalxim on thl liiraliuns arFexisting street]Ighliny 19.The applicant shall.pruvwle cam mein h%)Rm all lrublx wa6en.sevreT m;uns ouumlc4rFpLLMic righLirr way(include all WULLr serrims and hyihmnls). The easement wid0is shall he 2D feel wmle kir a sm�Sk uulity,M 10 I&L wide for lwir_ The cas MLS shall nuL he dedicalenl via The plat,hul mLhur dedicateduuukk Ihr platpritress usiggtbc€3Ly itf MScradaan's sumd'ud rwire_ThrcamNxnl ihall lie graph ically depicted im the p1aL for mfcsi=c purl:Hwes.Submit an emeculed eaxememiL(cin the Frmr aoailahle ITMim Puhlir'hVorks),a legal descrgNion puelsval h}'ao Idaho Licensed Poi le.ssiunal I.anL]Rurmyrir,wbxh must mclmLc Lhr area of the UL4CmrnL{rnarkrd EX El II1rr A)and m 91 f2,c 11"neap with h=ing�and d3sLML'L'm{markod EX111l3rl'I]}fur rewcw. BLI&cchilwLx mull br sealed.signed and dated by a Pmfessiunal l.arwl Surveyor.D{l NOT R UC ORD. Add a rarrte to the plaLTeferenong Ihix docmtenL All eaxementsmust be xuhmrlled,reviewed,a ndappmi4mlpriur to signalure of Ike foal I&L by IFLe C:rty lingirxer_ 20.ApplicaoL shall he mqs ihle Fir appliraiMm and Lomp13anee with and t;PDEL.permALmg 1haL may he required by Ike Enymimmerrtal PmLecLiim AgeocT. 21.Any wells That will nnL Lnnun uu ui he used must he properly abandoned accurrding Mr Idaho Well {'itnNumaiiin Standards Rues adrnmislered by the Id.Lhu DepartmenL irF Water RemmmK. The r1LVLligrcr'.s linginc=shall pnrridL a slaLL�11 addressiog whLTbrr Ihac arc any cxiSLing wcllx in Ibe de velopmenl, and if so. haiw Thep wd I umlinue tD he used, or pnrvide record of their ahundlmmenl. 22.Any exisling sepLtr systems within ihts prnlccI shall be rermrved Form service per ViLy€lydmam e Sectioo 9 1 4 and 9 4 li_ CmLacL IhL ['Lnlral Dislrid Dea11h DepadMent Ru abdm6tmrienL pmcedL and inspeatMmx. 23.The t'iLv of Meridian requires Lhal pressurixed irrigation Systems he supplied by a year rinmd source 01'water{UDC'11 311(Q.The applormL should he required to use any eclslmg surface or well water fin The primary souse. If a surface or well Source ix nuL zwailable,a srrLgk poimL ammection lir the culinary waler system shall he reyumed.IF a single point auroection is uliFimtl. the Lkve Toper will he resprmsil?k for the pa}nrerrL of assessments fair the cwmoim areas prim-Lo develrrlrment plan aPlrmval_ 24.All hrigalima diLchm,canals,lawrals, ix drains, exclusive of natural walerwayS, ioLerectn4g, erasing or layigg adjacent and anitigumm lir Thu area he inu suhdividud shall he addmxsed per U D€' 11 3 A 6. In perFwming much Axirk.Lhc applrcani shal l eamrpl.,w i lh I.LaFur Critic 42 1207 and any olker appbcable law orregulatirm. Page 11 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Jump Time (H-2025-0011) by Eric Anderson, located at 2805 E. Franklin Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC��(IEFI AND DECISION& ORDER In the Matter of the Request for a modification to the existing development agreement(MDA-15- 008,Inst.#2016-049722)to modify provision six(6)to remove"minor vehicle repair"from the prohibited uses and replace the old concept plan with a new one,by Eric Anderson. Case No(s). H-2025-0011 For the City Council Hearing Date of: April 22"',2025 (Findings on May 6th 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 22°d,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 22"d, 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22"d,2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 6t'',2025,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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 22"d,2025, incorporated by reference. The conditions are concluded to 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 22"d, 2025,attached as Exhibit A. D. Notice of Applicable Time Limits 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 § 67-6521(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 April 22°1, 2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -2- By action of the City Council at its regular meeting held on the 6th day of May,2025. 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 5-6-2025 Attest: Chris Johnson 5-6-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-6-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -3- Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN*,---, DEPARTMENT REPORT HEARING 4/22/2025 Legend DATE: Project Location TO: Planning&Zoning Commission == Area of impact �_r +- City Limits FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 nnapoli@meridiancity.org --_ APPLICANT: Eric Anderson 1, SUBJECT: H-2025-0011 Jump Time MDA LOCATION: Located at 2805 E. Franklin Road _ - — (Parcels S1117110550 and S1117110510)in the NE'/4 of the NE --- of Section 17,T.3N.,R.IE. 1 sal 1' PROJECT OVERVIEW A. Summary Modification to the existing development agreement(MDA-15-008, Inst. #2016-049722)to modify provision six(6)to remove"minor vehicle repair"from the prohibited uses and replace the old concept plan with a new one. B. Recommendation Staff. Staff recommends approval of the DA modification with provisions listed in Section IV. C. Decision Council: Approved with the Modification to the DA FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -4- COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Commercial/Vacant - Proposed Land Use(s) Commercial - II. Existing Zoning C-C Zoning VI.A.2 Adopted FLUM Designation Commercial VI.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 1/28/2025 Neighborhood Meeting 2/20/2025 Site posting date 4/12/2025 Table 3: Community Metrics Agency/Element Description/Issue Reference Meridian Public Works Wastewater Error! Reference source not found. • Distance to Mainline Available at site • Impacts or Concerns Yes,any infrastructure changes must be approved by Public Works. Meridian Public Works Water Error! Reference source not found. • Distance to Mainline Available at site • Impacts or Concerns Yes,any infrastructure changes must be approved by Public Works. Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -5- Table 4: Project Overview Description Details History AZ-09-003, MDA-15-008,A-2016-0316 Acreage 3.57 Acres STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview and History ut. The property was annexed with C-C zoning in 2009, consisting of 3.57 acres with two (2) building lots(AZ-09-003). The subject property then went through a development agreement modification to replace the existing DA in 2016 as a part of the Jump Time approval(MDA-15- 008). The concept plan accompanying this DA modification showed 4 buildings with central access to Franklin Road. However, since the annexation, access was required to shift to the west property boundary,which affected the concept plan. Due to the original concept plan, city staff had restricted certain uses,as having children walking through the parking lot with the central access point was a point of concern. Since the access has shifted and cross access has been provided from the property to the east, staff is in support of amending the DA to allow for minor vehicle repair. This use will be rather isolated from the front entrance to Jump Time, and staff is recommending signage to watch for pedestrians. Additionally,minor vehicle repair is otherwise a permitted use in the C-C zone. The properties governed by the current DA do not meet the city's landscaping standards. As a part of the DA modification, staff is requiring the existing parking lot and landscape buffers to be brought into conformity with UDC 11-313. Staff discussed this with the applicant during the pre- application meeting, and no concerns were expressed by the applicant. In terms of nearby and adjacent development,there are existing residential subdivisions to the south and west,with commercial to the east. The proposed minor vehicle repair building is oriented away from the existing residential area,which is buffered by the existing Jump Time building and the landscape buffers. B. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): The applicant is requesting a Development Agreement Modification to allow for Minor Vehicle Repair, which is currently listed as a prohibited use in the DA, an otherwise permitted use in the C-C zoning district. The proposed user"Grease Monkey" is a national oil change and vehicle repair shop. The hours of operation will be limited to 6 am to 11 pm because of its proximity to the existing residential neighborhoods. The applicant has submitted an updated concept plan to reflect the current configuration of the site. The original concept plan shows 4 buildings on the subject properties but with the relocation of the main access point, only two buildings are proposed with the updated concept plan. 2. Specific Use Standards (UDC 11-4-3): A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor, in the district where the use is located. Not applicable. Vehicle Repair is the primary use. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -6- B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. Not applicable. The applicant will not have inoperable or dismantled vehicles on the property- C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "landscaping requirements", of this title. Not applicable. D. In addition to chapter 3, article B, "landscaping requirements", of this title, one (1) square foot of landscaping for every fifty(50) square feet of vehicle display area shall be provided. Not applicable. E. Vehicle display pads are prohibited in the required landscape buffers. Not applicable. The applicant will not have a vehicle display area. F. Vehicle display areas shall incorporate design features including, but not limited to, landscape islands, curbing, and pedestrian walkways, that define main drive aisles and internal circulation patterns. Not applicable. C. Development Agreement Modification Existing Provisions: 1. Future development of this site shall substantially comply with the revised conceptual development plan dated March 28t'',2025, included in Section VI and the provisions contained herein. The applieant shall ineer-per-ate a pedestfia-a eir-eula4iaa plan that provides Read. The plan shall be submitted with the first eer-tifieate of zoning eemplianee appheation. 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 3. Direct access to E. Franklin Road is limited to the access shown on the conceptual development plan approved with this application. Cross-access shall be provided to the property to the west(parcel#S1117120630)and the property to the east(parcel#S1117110201)for future interconnectivity. A recorded copy of the cross-access agreement(s) shall be provided with the first Certificate of Zoning Compliance application. 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8,within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. 6. The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2 except for the following: drinking establishments, fuel sales facility, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -7- minef- ehie e -ep i,vehicle washing facility,wireless communication facility and vehicle sales and rentals. 7. Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B. 8. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 9. The developer/owner shall be responsible for all costs associated with sewer and water service installation. 10. The developer/owner shall construct an 8-foot vinyl fence along the west boundary of the property and a 6-foot fence that matches the existing fence that matches the existing fence adjacent to the southern property boundary and terminate on the western property boundary at the northeast corner of the Yoder Property(Parcel#R3273150110). The owner/developer shall coordinate with the adjacent property owners on the construction of the respective fences. 11. The owner/developer shall construct a 35-foot wide street buffer adjacent to Franklin Road and a 2-0-25-foot landscape buffer adjacent to the west and southern property boundary and a 5- foot wide landscape buffer on the east property boundary in accordance with UDC 11-3B-7 and UDC 11-313-9. 12. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties. D. Staff Analysis With the primary access to the development now relocated to the western boundary and cross access provided to the adjacent eastern property, staff supports the applicant's request to amend the existing development agreement(Inst#2016-049722)to remove vehicle repair minor as a prohibited use and update the concept plan. Furthermore,the current landscape buffers and parking lot landscaping on both properties fall below standard and will be required to be brought into compliance with the certificate of zoning compliance application for parcel#S 1117110510. Staff has incorporated this requirement as a new condition in the development agreement and has been in discussions with the applicant about this prior to the submission of the request. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division The DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the modification. The addendum shall,at a minimum, incorporate the following provisions: A. The applicant shall comply with the provisions in the existing development agreement (Instrument#2016-049722)with the addition/modification of the following provisions. • Modify Provision#1: Future development of the subject site shall be substantially consistent with the revised concept plan dated March 28t1i,2025, included in Section VI and the provisions contained herein. • Modify Provision#6 to remove vehicle repair,minor as a prohibited use: The uses allowed pursuant to this agreement are those uses allowed in the C-C zoning district listed in UDC Table 11-2B-2, except for the following: drinking establishments,fuel sales facility,vehicle washing facility,wireless communication facility,and vehicle sales and rentals. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -8- • Add a New Provision to state: Bring the existing landscaping buffers and parking lot landscaping into conformity with UDC 11-3B and demonstrate compliance with the submittal of the certificate of zoning compliance application for the vacant lot(Parcel #S1117110510). • Modify Provision#11 to state a 25-foot landscape buffer instead of 20-foot landscape buffer. The buffers were installed at the correct width,but this was an error from the previous DA. ACTION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement with the V. modified provision listed in Section IV. B. City Council: The Meridian City Council heard these items on April 22"d. 2025. At the public hearing.the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Eric Anderson 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. Whether a vehicle repair, minor use is appropriate with the current use of the site. Council President Cavener was opposed to this use and felt it did not mix well with the current trampoline park on the premises. 4. City Council change(s)to Staff recommendation: a. No formal changes were required,however, the City Council would like to see signage for drivers to watch out for pedestrians. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -9- EXHIBITS A. Project Area Maps o Project Overview) Aerial1. V1. Legend PINE Project Locat .a of Impact �L FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER 1� FOR �lR•J 1 .,l rrr .. I. now ,la 111111 • • - PINE In .■ . ul nlll� oil soon 'lll r� °ate■■► � �� FRANKL-INN S 1111111 In,■ ■■■■■N III Ilil: ~ri• n r-_ �In ew •,elf - .�,� :? � ■q li�nuh 'lull�� an�� 84 ZI - - � �/1�lam`%��j��h�r��►��i� r nlrural4�fa■u�� 1111111 f llll — . illy m■t%t■lnn%■1 ll�11 pli (9 J ■11■■■■■_ ■■■■■ �' 1 FRANKLIN 1111f ;� _ ■ 111 111 C-1.11111,,,■ ■■. 11000 1 111 i rr r ,r'i�r � _ O o - o • - �•. j 84 A �� 4. Planned Development Map Legend U Project Location Area of Impact Zi T=' City Limits Planned Parcels ; O Analysis ; ■ I1 I w 1 1 7 w �I ■ --------------------- I ----- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 12- B. Subject Site Photos ioTal M- - v_ t.. -.i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 13- i1 J=.`-. `era .. _ -=;c+i�� - a I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 14- C. Service Accessibility Report Overall Score: 36 77th Percentile Description Location In City Limits Extension Sewer Trunkshed mains -< 500 ft. from parcel GREEN Floodplain Either not within the 100 yr floodplain o % ai es GREEN Emergency Services Fire Response time ¢ 5 min. GREEN Emergency Services Police Meets response time goals mcst cr the titre GREEN Pathways Within 1/4 mile of current parnw•a;:; GREEN Transit Within 1/4 mile of future transit route YELLOW Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walking GREEN Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Park Wa I ka bility No park within walking distance by park type RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 15- D. Site Plan (date: 3/28/2025) ------- -- - - - - - - .—! � 4 • dwI 4 - — _ y �t-r •-c� � rr�. —� R w-r11 r*'iv ■v a vpor f ; . n4.w i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 16- E. Original Concept Plan Exhibit A: Proposed Conceptual Development plan WMnw1b w4gMVe 115W n+rF #hbwr AJrg7 Rug p p F .wwvx' - cu�r.FlleY �� psNA-hW�vn VriR52F0 dos -=gr�.,mY e 4 E �r�rp _ .ea Euga - oosnwGc Ci1EF111tI1L � Mta� EMM" 51lXfIY XW •da.�. `Il prrw} SDl6 Nw M!�r suatdnu .den�-cnE �� usmvrtw ■ t�o. ---COKffTUAL OEVELOPWNT PLAPI Era ik in&eagle EtS! EAU-IIBiT"C" b:s FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 17- F. New Concept Plan I + I _ �p I - . 1 I I I I V U d I � I ' l L� IJ I r . I jr jo FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 18- G. Existing Development Agreement ADDENDUM TO DEVICLOP14'FNT AGREEMENT PAlt'1'IES: I- City of Meridian 2_ Babcock,L_L. .,an Idaho limited liability company, OwncdDevcloper �'TH[S A DI)I.NDLIM TO DEVELOPMENT AGREEMENT is dated this dray of ' 241b,("ADDENDUM`").by and betwocn City of Keridian,a municipal corporati n of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ojtid 13phonek, L,L.C., an Idaho limited liability oampany ("OWNEWDEVELOPER"),whose address is 13791v_Clover(fple"ad,Rol.Idaho 83713, RECITALS A. CITY and O NERIDEVEL0111-A entered into thatcerlain Developmtt Agreatnent[loot was r=urdcd on JaniwFy 19,20t I in 11w teal property records of Ada County as Instrument.No, I 1 ICK)6191 (.'PENELOPMENT AGRFEMEN71 B. CITY and 0WP ERIDhVF?1.0PR1t now desire to amend the Tlcvelopmcnl Agrrcmcnf,which terms hava been approved by the Meridian City ome!I in accondanoe with Idaho Cfod-c�5eetlon 67-6511, NOW,'riixRE:"JRF., in oonBidCration of tbv,covenants and conditions xt forth hcxin,the parties agree as follows: 1_ OWN1=RIDIM7,011FIR shall be bound by the terms of the orional Dcvclopment Agrocment,except as specifically amended as follows: 5_ CONDITIONS GOVERNING DEVELOPMENT OFSUB.IEC'TPROPERTY 5.l Owner/Devefoper shall derelop the ProperXy in accordance with Ike fallowing simciel eandition.t; 1. Fntrrre det elop�►rrrrt of ll4rs.st�e.skrrlfrr �rr�tf�rr!!F'co»ajrfJ}w!f!�theo�ilr�repf develvpmeutlxlnn included in Exhibit"A". Theepglicantshall incorporate a pedeslrlwo circidalionpfarr Mal provides fntercinmeelivlly wlt in okepropeksed doveloprnenl andpedevirian renFicefians to E.Fra)rklin Road. Theplan shall 6e.vubmined with they fast cery frcate of zooing eompliance application, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) - 19- 2, Cerfiferdse of Zordag Compliance and Administrative Design Review application are required fro he saboratiffed to the Fluawafing Departmaeftt for a7ppr eml of elffulare baddirrgafuses on the site,prior to issmamce o,f building perNiifs- 3. Direct access to E, Franklin Road k limited to the aeeess skowtr on the eoncepta4f develeprmeol Pfau approved raKfh this application. Grass-access shelf be provided to the property to the west(juireal 9,F1117120630)and Ike proper{ fo the east (parcel MSS 17110201}for future imterrolnnectivily. A recorded copy afthe cross-access agreemenl(c)s4aff bepro+*feai PoRk t#efirif srl Rafe of loping C ompliarrce application. 4_Any existing dattveckc well.systerfa within this project shelf be removed from ilorrrestic service per City Ordinance SecfioA 9-1-4 and 44 R.Cnmfaet Ike CIV of Meridian EM49'0eerfaa9 Depuromeart of(208)898-5500 for inspecdorrs of discofvrecsion of serWces. Wells array he used,for non-domae,sfle pdrrposav vurb ayelandseapeIrrigtdon Y'appmvedbyMakaDepartmentofWater1Resources Contact Robert B. Whitney at(208)334-2196L S. 4toy"hlitrg septic systems withim this project shall be remaovedfmm service per City OrdinanceSection 9-1-4 aard 9-4-8,C=onf+acf cenerut nisirlrf mealfla for abaftrhtnament procedures and inspections(208)375-5211. 6. 7'he use.;a110PtwdputwV0a1 to iftis agreetrteof are these uses ailonreriin the C- C honing disirict fisted im UDC Table 11-2B-2 exeept for the fo11a*4ng: drink big esfrthilshmeftr,fuel soles faavifity, minor vehicle repair, vehicle washing facifity, rpireless courarnaication fac&T and uekicfe .wiles and rentafs. 7, All fature developaxeml of the snbfecf iorrgwHy .shaft comply Wilk Cify of Meridloa ordivaaices 10 effect al thif brie of development. 8. The de velop,erlowmer shall he resspomsible for of/costs associated Pride server and water ser+dce installation. 9. Tina devel6perlownev skull aver Muct an 8-fool vinyl fence alang the west boundary of the properly and a 6 fam fence that►aatekes the e-ick ing fence that matehes lice exisf ng fe nce aegacent to Me southern proper&borurdrafy aandierminate on the western property boundary at rise mart#east cornier ray'lke Yoder property{Par t#R3273f50110). Tkeuronerfdeveleper shaft c.00rdim0e wish the adjacentpropertyowners an the cuusfractkni of the nnperflvef ences. F O. The orvtae-r1developer shall censirucl a.35foot raride street buffer adjacent to Frwnkl6f Road and a 2dt-f`oof faudceape fin er wyaceal fro fife wesf moot wafhertf property borauhiry and a 5-feat rwide landscape buffer as the cast property boundary is accordance Poith VOC 11-3E-7 aurf UDC.'11-38-9, l I.Any buiklimg3�ufong the southern property bouaadarys#all mat exceed 35jeer in heigt+r to axaintcrin COMP04hilify PORA the#rdJ#aCe-at residential properties, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -20- H. Proposed Revisions 1_ Future development of this site shall substantially comply tir7th the revised conceptual development plan dated March 21P_2025,included in Section-VI and the provisions contained herein- 2- Certificate of Zoning Compliance and AdminiArative Design Rev ew applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site,prior to-issuance of building permits- 3- Direct access to E-Franklin Road is limited to the access shown on the conceptual de3-alopment plan approved%iYth this application-Crass-access shall be provided to the property to the west(p arcel 4S111712063 0)and the property to the east(parcel#51117110201)for future interconnecti--ity_A recorded copy of the crass-access agreement(s)shall be provided"ith the fast Certificate of Zoning Compliance applicatim 4- Any existing domestic well system mithinthis project shall be removed from domestic sen-iee per City Ordinance Section 9-1-4 and 9 4 S,Rithin 6 months after the date of annexation ordinance approval- Contact the Cite of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services-Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B-Whitney at(208)334-2190. 5- Any existing septic systems%Nithin this project shall be removed from service per City Ordinance Section 9- 1-0 and 9-4-8- 6- The uses alloAA.ed pursuant to this agreement are those uses allowed in the GC Zoning district listed in UDC Table 11-2B-2 except for the following-drinking establishments,fuel sales facility,m—nin-R-F v-4-i ele mpg , vehicle crashing facility,wirel=_s c�.Dtmuuniccti an facility,and vehicle sales and rentals- 7- Bring the existing landscaping buffers -3_:d paining lot landscaping into conformity aith UDC 11-3B- 8_ All future development of the subject propery =,hall comply with City of Meridian ordinances in effect at the time of development- 9- The developer/owner shall be responsible for all casts associated aith smTr and water service,installation- 10. The deselopermmer shall construct an 8-foot 6nyl fence along the Rest boundary of the property and a 6- foot fence that matches the existing fence that matches the existing fence adjacent to the southern property boundary-and terE -mate on the ti%Tstern property boundary at the northeast comer of the Yoder Property (Parcel 4 R327315011 D)-The o-amerldeveloper shall coordinate 1,Nith the adjacent property owners on the construction of the respective fences- 11. The developer/owner shall construct a 35-foot-v61de street buffer adjacent to Franklin RDad and a 20 25-foot landscape buffer adjacent to the west and southern property boundary,and a 5-foot-wide landscape buffer on the east property'boundary in accordance with LTDC 11-3B-7 and LTDC 11-3B-9- 12. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility TWith the adjacent residential properties- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Jump Time MDA—H-2025-0011) -21 - W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (965 E. Ustick Rd. H-2024-0063) Between City of Meridian and MMW&T LLC for Property Located at 965 E. Ustick Rd. Ada County Recorder Trent Tripple 2025=028002 Boise;Idaho Pgs=26 cfowler 05/07/2025 09:26:54 AM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. MMW&T LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th day of May ,2025,by and between City of Meridian,a municipal corporation of the State of Idah , hereafter called CITY, whose address is 33 E.-Broadway Avenue, Meridian, Idaho 83642, and MMW&T LLC,whose address is P.O. Box 3304,Nampa, ID, 83653,hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the'Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 13 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer have submitted an application for annexation and zoning of 1.11 acres of land with a request for the L-O (Limited Office) zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes ,how the Property will be developed and what improvements will be made;and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City"Council as to how the Property will be developed and what improvements'will be made; and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 25th day of March, 2025, the_Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE I OF 7 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to MMW&T LLC, whose address is P.O. Box 3304, Nampa, Idaho, 83653, hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 2 OF 7 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The existing structure shall connect to City water and sewer service within 60 days of annexation and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. b. Future development of this site shall be generally consistent with the conceptual site and landscape plans and building perspectives included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. c. Future development of the property shall comply with the dimensional standards for the L-O (Limited Office) zoning district listed in UDC Table 11-2B-3. d. Future use of the site is limited to office uses (i.e., professional services and healthcare or social services as defined in UDC 11-1 A-1 and as allowed in UDC Table 11-2B-2) in accordance with the Comprehensive Plan for properties with a residential Comprehensive Plan designation; no ancillary commercial uses shall be permitted. e. A reduced buffer width to residential uses is allowed from 20 feet to 8 feet, 10 inches as approved by City Council in accord with UDC 11-3B-9C.2. The buffer shall contain landscaping in accord with the standards listed in UDC 11-3B-9C. f. Business hours of operation shall be limited to the hours between 6:00 a.m. and 10:00 p.m. as set forth in UDC 11-2B-3B for the L-O zoning district. g. A Certificate of Zoning Compliance application shall be submitted for the change in use and expansion of the site that complies with all UDC conditions and the provisions contained herein. h. A Design Review application shall be submitted for the proposed addition to the existing structure that demonstrates compliance with the design standards listed in the Architectural Standards Manual. New construction must share at least three similar accent materials, field materials, or other architectural feature of a building within 150 feet of the property (ASM Goal 1.213). 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 3 OF 7 Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any parry hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the parry responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 4 OF 7 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: MMW&T LLC P.O. Box 3304 Nampa, ID, 83653 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. 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 attorney's 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. 16. 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 other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 5 OF 7 thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval,or taking any other action under this Agreement. 20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property,which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: MMW&T LLC By: State of Idaho ss: County o �I��. ) On this L!`yday of 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the of MMW&T LLC and the person who signed above and acknowledged to me that 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. EAL) f' '.� Notary Public h �QT�), ' My Commission Expires: `I a PUevo CITY OFQ, %`� ATTEST: By: Mayor Robert E. Simison 5-6-2025 Chris Johnson, City Clerk 5-6-2025 State of Idaho ss County of Ada On this 5th_day of May, 2025, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City 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 Idaho My Commission Expires:3/2882028 DEVELOPMENT AGREEMENT-965 E USTICK RD(H-2024-0063) PAGE 7 OF 7 EXHIBIT A LEGAL DESCRIPTION FOR ANNEXATION OF 965 E USTICK ROAD A parcel of land located in the in the Northwest 1/4, of the Northeast 1/4 Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being further described as follows: BASIS OF BEARING: The North line of said Northwest 114, of the Northeast 114, derived from found monuments and taken as S8904728"E with the distance between monuments found to be 1324,50 feet. BEGINNING at a point on the North line of the Northwest 114, of the Northeast 1/4 Section 6, Township 3 North, Range 1 East, Boise Meridian from which the from which the East 1116 corner of said section 6 bears South 89047'28" East a distance of 493.86 feet. Thence leaving said North line, South 00°16'42" West, a distance of 252.69 feet; Thence North 89042'02" West, a distance of 192.00 feet; Thence North 00030'53" East to a point on said North line, a distance of 252.39 feet,- Thence along said North line South 89°47'28" East, a distance of 190.96 feet to the POINT OF BEGINNING. Said Parcel containing 48,356 square feet or 1.11 acres, more or less and is subject to all existing easements and rights-of-ways of record or implied. END OF DESCRIPTION. Kenneth H. Cook, P.L.S. 9895 Timberline Surveying AL 847 Park Centre Way, Suite 3 ®�r'lS r Nampa, Idaho 83651 (208) 465-5687 ° rn 9V -< CA Z5 TEOF ID��A- H. � U:\TS-23\ADA\23013 - MUSSELL-USTICK-LOCUST GROVE\survev1LEGALS\23013 - MUSSELL ANNIXATION.rtf N1/4 A PORTION OF NORTHWEST 1/4 OF THE NORTHEAST BRASS CAP USTICK ROAD 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, PLS 12087 S89°47'28"E-1324.50' RANGE 1 EAST, B.M., ADA COUNTY, IDAHO CP&F#2017-120062 31 BASIS OF BEARING 31 I v — 639.68' - 190.96 P.O.B f 120.34' 373.52' E1/16 6 lO o ALUMINUM c o ao co PLS 12087 I� ,/ 1 "'I LEGEND CP&F#2017-120061 11 12 1/4 COR.MONUMNETAS NOTED J O 11112 1/16 COR.MONUMNET AS NOTED LLLL r • P.O.B. POINT OF BEGINNING CALC. POINT W p z NI I`O m m N O FOUND MONUMENT Z) N N ~ Q w w PARCEL a ADJOINER LINE Of W 2 � , 48,356 sq.ft. N a — BOUNDARY LINE W Vj _ F • 14 oa MI 1.11 aC. IC _ _ _ _ _ EASEMENT LINE o w O ZI ly RIGHT OF WAY LINE NARRATIVE — THIS SURVEY WAS MADE AT THE REQUEST OF KENT MUSSELL — I TO ESTABLISH THE BOUNDARY AS SHOWN, BOUNDARY WAS DEFINED FROM FOUND MONUMENTS OF FOUND OF RECORD Icp 1" = 50, I IN THE TIMBERFALLS AND GRANITE CREEK SUBDIVISIONS WHICH ARE NOT SHOWN ON THIS DISPLAY GRANITE CREEK N89042'02 NL LA o• SUBDIVISION TIMBERFALLS 5`0 SUBDIVISION DISPLAY FOR NO. 1 icc 895 ANNEXATION OF --�,-16-20 0 965 E USTICK RD DER SURVEYING �' A 0 F%D 647 PARKCWM WAY.SURE 3.HAMWA,IDAHO 83651 11.V �v 208-465-5687 V �i [FILE:23013-MUSSELL-USTICK 4-6-2023.dwg EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER A In the Matter of the Request for Annexation(AZ)of 1.11 Acres of Land with an L-O Zoning District with a Request for City Council Approval of a Reduced Buffer to Residential Uses from 20- feet to 8-feet 10-inches,by Kent Mussell,Mussell Construction,Inc. Case No(s). H-2024-0063 For the City Council Hearing Date of: March 11,2025 (Findings on March 25,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 11,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 11,2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 11,2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 11,2025,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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 965 E USTICK ROAD AZ H-2024-0063 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 11, 2025, incorporated by reference. The conditions are concluded to 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 is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of March 11, 2025, attached as Exhibit A. D. Notice of Applicable Time Limits 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 67-651IA. 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 §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 11, 2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 965 E USTICK ROAD AZ H-2024-0063 -2- By action of the City Council at its regular meeting held on the 25th day of March, 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED_A►YE COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED_AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. tson 3-25-2028 Attest: xrrtn ai:rr: YL „�IL7IAN� ioaxo SF-AL Chris Johnson 25-2028 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. Dated :d'By 3-25-2028 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 965 E USTICK ROAD AZ H-2024-0063 -3- E IDIAN--- STAFF REPORT a H o COMMUNITY DEVELOPMENT DEPARTMENT r HEARING March 11, 2025 Legend DATE: f I�Prcaject Lac❑fian TO: Mayor&City Council FROM: Sonya Allen, Associate Planner _ 208-884-5533 SUBJECT: 965 E. Ustick Rd. —AZ E'U 'RD H-2024-0063 LOCATION: 965 E. Ustick Rd. in the NE 1/4 of 5 Sr �I Section 6,T.3N., R.1 E. x ' I. PROJECT DESCRIPTION Annexation(AZ)of 1.11 acres of land with an L-O zoning district with a request for City Council approval of a reduced buffer to residential uses from 20-feet to 8-feet 10-inches. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 0.90-acre Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family residential(SFR)with an existing home Proposed Land Use(s) Uses as allowed in the L-O district—no specific use is proposed at this time Current Zoning R1 in Ada County Proposed Zoning Limited Office(L-O) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 10/18/24 History(previous approvals) ROS#1070;H-2023-0061 [AZ,CUP-Pathways(private education institution)— withdrawn] Page 1 1 1 1 _ _ •111111 ; .. _. . h��lil r- �1111 i :y , �� ■■ ■� 1 ,hF- L r- l ■SEEN _■ x •I��l'�ii�ii �� ■ �' AL MOM f 1 1 1 1 I I 1 ,� iYiYY �I 11■oil �� °1• _ _ i �llll � 1 � ��i ■ = III I '�� = 11 � µ�� in 4�i �i�iiil�� 1 � ■- 11 �� ••■11.1wkg �■ �' 4 ••■11■1 �■ �� s ■ 1■111 ■ ■� ■■ ■ 1■111 ■ ■� ■■ rowifi ■! ■ • L�IiiY1 �! ■� - - �I7J��RIt � ■ �_I '11��R� � ■ IN''NII r- IN'all 1■ ■1 i1 111■IIP 11 ■1 C • '• to 1 • • C. Representative: Same as Applicant IV. COMPREHENSIVE PLAN ANALYSIS Land Use: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map(FLUM)contained in the(Comprehensive Plan). This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. Although dwelling units are typically desired in the MDR designation,the Comprehensive Plan does state that at the discretion of City Council, areas with a Residential Comprehensive Plan designation may request an office use if the property only has frontage on an arterial street or section line road and is 2-acres or less in size. In this instance, no ancillary commercial uses are permitted. The subject property meets the aforementioned criteria. The Applicant proposes an addition to the existing residential structure for the purpose of leasing out spaces to uses that are allowed in the L-O zoning district. This caveat in the Comprehensive Plan applies solely to office uses, classified in UDC 11-1A-1 as professional services and healthcare or social services,and does not include other non- office uses allowed in the L-O district.See analysis below in Section V for more information. Transportation: East Ustick Road,a 5-lane roadway which runs along the front/north side of this property, is depicted as a residential arterial street on the Master Street Map(MSM). There are no stub streets from adjacent properties/developments to this property. Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be provided to this property in accord with UDC 11-3A-21. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure is available to this property. Curb, gutter and an attached sidewalk was constructed along E. Ustick Rd. with the road widening project. • "Ensure development provides safe routes and access to schools,parks, and other community gathering places."(2.02.01G) A sidewalk exists along E. Ustick Rd. on this site, which assists in providing a safe route to schools,parks and other community gathering places. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe." (2.02.02) Annexation and redevelopment of the subject infill parcel will maximize public services. V. STAFF ANALYSIS Annexation& Zoning(AZ): The Applicant proposes to annex 1.11 acres of land with an L-O zoning district,which includes land to the section line of E. Ustick Rd. City Council approval is needed to approve the proposed L-O zoning in the MDR FLUM designation as mentioned above in Section IV. Page 3 There is an existing 2,259 square foot(s.f.) single-family dwelling on this site, which the Applicant proposes an addition totaling 8,000 s.f. for tenant spaces for uses allowed in the L-O zoning district, per UDC Table 11-2B-2. A conceptual site/landscape plan is included below in Section VII showing how the site is proposed to re-develop with the larger building and associated parking, drive aisles, walkways and landscaping. If the property is annexed,the existing structure will be required to connect to City water and sewer service within 60 days of annexation and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. Because the Comprehensive Plan only allows office use of properties with a residential FLUM designation, Staff recommends uses in the proposed L-O district are restricted to "professional services"and"healthcare or social services"only,which are defined in UDC 11-1A-1, as follows: Professional service uses include,but are not limited to:Architects, landscape architects and other design services,graphic designers; consultants;lawyers;media advisors;photography studios;and general offices. The term does not include healthcare and social service. Healthcare and social services(NAICS Code 62). The use of a site for ambulatory healthcare services. Included in this use are offices of dentists;physicians; chiropractors;optometrists; mental health practitioners;physical,occupational and speech therapists;audiologists; outpatient care centers,family planning centers, medical and diagnostic laboratories,imaging centers, kidney dialysis centers;blood and organ banks. Social service uses include, but are not limited to, individual and family services; community food and housing, emergency and other relief services, vocational rehabilitation services,services for the elderly and persons with disabilities; vocational rehabilitation services;and emergency and other relief services. Professional services and healthcare or social services are listed as a principal permitted use in the L- O zoning district in UDC Table 11-2B-2. Other uses typically allowed in the L-O district are not allowed. The reason for the restriction in the Comprehensive Plan is that other uses allowed in the L-O district may be more intense and not compatible with adjacent land uses,which are typically residential, and access and interconnectivity between uses may be limited and not adequate for other such uses. The site is within the Area of City Impact(AOCI)boundary and is contiguous to City annexed land to the south,east and west. A legal description was submitted for the boundary of the annexation area, included in Section VII.A below. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. To ensure this property develops as proposed and required, Staff recommends a DA with the provisions discussed herein and included in Section IX.A. Access: There are two (2)existing driveway curb cuts to this site via E. Ustick Rd., an arterial street; no other accesses are available to the site from adjacent properties. Only one(1) access driveway is proposed with redevelopment of the site as shown on the site plan,the other driveway will be removed. Where access to a local street is not available,the UDC (11-3A-3A.2)requires the property owner to grant cross-access/ingress-egress to adjoining properties via a recorded easement.This standard is intended to apply primarily to non-residential properties but may extend to residential properties where the use is anticipated to change to a non-residential use. This property and the adjacent property to the east at 1001 E. Ustick Rd. (S 1106120867)only have access via an arterial street(i.e. Ustick Rd.). The property to the east is designated on the FLUM as Medium Density Residential. The subject property owner also owns the property to the east and doesn't anticipate future use of that property changing from residential to a non-residential use. If a driveway stub and a cross-access Page 4 easement were required to the property to the east,the building pad would need to be reduced in size and parking removed on the south side of the building in order for the driveway to align with the adjacent property to the east. For these reasons, Staff does not recommend a driveway stub is required to the east for future cross-access—the Commission and/or City Council may determine otherwise. Parking: A minimum of 16 spaces are required to be provided for an 8,000 s.f. office building; a total of 37 spaces are proposed,which exceed UDC standards by more than double. Sidewalks/Pathways: A 7-foot wide(mostly)attached sidewalk exists along E. Ustick Rd. Detached sidewalks are required along arterial streets per UDC 11-3A-17; however,because the existing sidewalk is in good condition, Staff doesn't recommend it's reconstructed as a detached sidewalk. A sidewalk is proposed on the south and west sides of the building adjacent to the drive aisle and parking that ranges from 5 to 9 feet in width. The sidewalk that abuts parking on the south side of the building is 7-feet wide,which accommodates vehicle overhang in accord with 11-3C-5B.4. A 5-foot wide sidewalk is proposed from the perimeter sidewalk along Ustick Rd. to the main building entrance in accord with UDC 11-3A-19.B.4. Landscaping: A minimum 25-foot wide street buffer is required along E. Ustick Rd., an arterial street, landscaped per the standards listed in UDC.11-3B-7C. The tree class should be included in the plant material legend and should demonstrate compliance with the required standards (25% of the required trees should be Class II; and 35%of qualifying trees must provide urban canopy at maturity. The landscape plan depicts a 30-foot wide buffer and the plantings appear to comply with the UDC standards. Parking lot landscaping is required in accord with the standards listed in UDC I1-3B-8C. Class II or III trees are required in perimeter buffers; tree class should be added to the plant legend to demonstrate compliance.Planter islands are required at the ends of rows of parking to reduce the visual impact of long rows of parked cars and to guide traffic. The UDC(Table 11-2B-3)requires a minimum 20-foot wide buffer to residential uses in the L-O zoning district, landscaped per the standards listed in UDC 11-3B-9C. Residential uses abut the site on three sides—to the west,south and east. The Applicant requests City Council approval of a modified buffer width along the west property boundary of 8-foot 10-inches at its narrowest point to 11+/-feet with an allowance for up to 2-feet of vehicle overhang within the buffer from adjacent parking spaces. Such requests are allowed to be considered by City Council at a public hearing with notice to surrounding property owners. The building will not encroach into any of the required buffer areas. The buffer is required to include a mix of evergreen and deciduous trees, shrubs, lawn or other vegetative groundcover. Typically, the buffer area should result in a barrier that allows trees to touch within 5 years of planting; however,because a 6-foot tall privacy fence is proposed, the planting requirement may be reduced to a minimum of one(1)tree per 35 linear feet, plus shrubs, lawn,or other vegetative groundcover.Note:If Council does not approve the reduced buffer width requested along the west boundary of the site, a 20 foot wide buffer shall be provided as set forth in UDC Table 11-2B-3. This would reduce parking to 22 spaces as there wouldn't be adequate room to accommodate parking along the west boundary, which still complies with the parking standards in UDC 11-3C-6B.1 but may not be adequate for the site. Mitigation is required for existing healthy trees 4"caliper and greater that are removed from the site as set forth in UDC 11-3B-IOC.S. There are 18 existing healthy trees on the site totaling 384 caliper inches, 11 of which,totaling 186 caliper inches,are proposed to be removed—these require mitigation. The other seven(7),totaling 198 caliper inches,are proposed to be preserved and protected on the site. Alternative compliance to this standard may be requested with the Certificate of Zoning Compliance application if it's not feasible to mitigate for all of the trees being removed. Page 5 Fencing: Fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing exists around the perimeter of the site; however, the applicant proposes to construct new 6-foot tall metal framed vinyl privacy fence around the perimeter of the site as shown on the site plan. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lights will be required to be installed with redevelopment of the property in accord with the City's adopted standards, specifications and ordinances. Trash: Trash carts are proposed within privacy fencing for screening at the southeast corner of the building,which will be taken to the street for service. Waterways: There are no existing waterways that cross this site. Pressurized Irrigation System(UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to the development as set forth in UDC 11-3A-15. 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. Hours of Operation: The UDC 11-2B-3B,restricts business hours of operation in the L-O zoning district from 6:00 am to 10:00 pm. Building Elevations: Conceptual building elevation perspectives were submitted for the proposed enlarged structure as shown in Section VIII.C. Final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual(ASM). The architectural character of the building should relate to adjacent residential uses. New construction must share at least three similar accent materials,field materials,or other architectural feature of a building within 150-feet of the property in accord with ASM Goal 1.211. Certificate of Zoning Compliance/Design Review: A Certificate of Zoning Compliance(CZC) and Design Review application is required to be submitted to the Planning Division and approved prior to submittal of building permit application(s). VI. DECISION A. Staff. Staff recommends approval of the proposed annexation&zoning application with the provisions included in Section V1I1 per the Findings in Section IX. B. The Meridian Planning & Zoning Commission heard these items on February 6, 2025. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing: a. In favor: Kent Mussell,Applicant b. In opposition: None c. Commenting: Todd Powell d. Written testimony: Kent Mussell,Applicant—in agreement with the Staff recommendation. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: A. Questions pertaining to the width of the buffer proposed along the southern boundary of the site and activity on the property to the east under the same ownership. Staff confirmed the reduced buffer width is only requested along the west boundan;of the site —the buffer width along the south boundan)exceeds the minimum required buffer Page 6 width. The Applicant stated they're planning to flip the residential house on the adiacent property to the east and that they have no intention of it being part of this development. 3. Key issue(s)of discussion by Commission: a. The request for the reduced buffer width along the west boundary of the site—opinion that with the access proposed via Ustick Rd. and the parking, the reduced buffer width is needed. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandinjz issue(s)for City Council: A. The Applicant requests Council approval of a reduced buffer to residential uses along the west boundary of the site from 20' to 10'8". C. The Meridian City Council heard these items on March 11. 2025. At the public hearing, the Council moved to approve the subject AZ request. 1. Summary of the City Council public hearing: a,. In favor: Kent Mussell.Applicant b. In opposition: None c. Commenting: Lindy Bower d. Written testimony: None e. Staff presentine application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a� Ms. Bower expressed concern about the buffer to her property along the southern boundary of the site,which meets and exceeds the minimum buffer width. 3. Key issue(s)of discussion by City Council: a• Discussion pertaining to the re9uest for a reduced buffer width to residential uses along west boundary and possibility of reducing narking along that boundary in order to provide the full buffer width. 4. City Council change(s)to Commission recommendation: a. None Page 7 VII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map LEGAL DESCRIPTION FOR ANNEXATION OF 965 E USTICK ROAD A parcel of land located in the in the Northwest 114, of the Northeast 114 Section 6, Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho and being further described as follows BASIS OF BEARING: The North line of said Northwest 114, of the Northeast 114, derived from foun4 monuments&nor taken as S8V47'28"E with the distance between monuments found to be 1324.50 feet. BEGINNING at a point on the North line of the Northwest 114,of the Northeast 114 Section 6,Township 3 North, Range 1 East,Boise Meridian from which the from which the East 1116 corner of said section 6 bears South 85°47'28'East a distance of 493.86 feet. Thence leaving said North line, South 00016'42"West, a distance of 252.59 feet; Thence North 89°42'02"West, a distance of 192-00 feet; Thence North 00'30'53'' East to a point on said North line,a distance of 252 39 feet; Thence along said North line South 89°47'28"East, a distance of 190-96 feet to the POINT OF BEGINNING. Said Parcel containing 48,356 square feet or 1.11 acres,more or less and is subject to all existing easements and rights-of-ways of record or implied. END OF DESCRIPTION. Kenneth H.Cook, P.L.S. MM Timberline Surveying �1AL t 847 Park Centre Way,Suite 3 `��a clsr Nampa, Idaho 83651 (208)465-5687 417 a 1 QH ot`�� U:\TS-23\ADA\23013-MUSSELL-USTICK-LOCUST GROVE\survey\LEGALS\23013-MUSSELL AN NIXAT I O N.rtf Page 8 N114 A PORTION OF NORTHWEST 1/4 OF THE NORTHEAST BRASSCAP USTICK ROAD 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, PL312087 RANGE 1 EAST, B.M., ADA COUNTY, IDAHO CP&F#2017-120062 31 — — A A 31 6 639.611 � � — ' ' — � ' 19D.96' P.O.B I 120,34' 373.52' E1116 6 g r� ALUMINUM �I LEGEND CP&F#2017-1120061 - — -�- — S89 4TZ8'7E-7g1.'Z' — '_ .u.. ' 11 } 12 114 COR.MONUMNET AS NOTED J 11112 1116 COR.MONUMNET AS NOTED U r A.O.B. POINT OF BEGINNING LL w 0 Z NI I� A, CALC POINT co m NIA IN o FOUND MONUMENT z z.u" W s' PARCEL f ADJOINER LINE w H 48,356 sq.`t. N — — BOUNDARY LINE ac ui O a e7� I:p6` - —' EASEMENT LINE o w RIGHT OF WAY LINE �Nx two N AR A y 7 V t THIS SURVEY WAS MADE AT THE REQUEST OF KENT MUSSELL I� I TO ESTABLISH THE BOUNDARY AS SHOWN.BOUNDARY WAS DEFINED FROM FOUND MONUMENTS OF FOUND OF RECORD Irk ]" - 5C I IN THE TIMBERFALLS AND GRANITE CREEK SUBDIVISIONS WHICH ARE NOT SHOWN ON THIS DISPLAY GRANITE CREEK N0942'02" %-f92-W' SUBDIVISION TIMBERFALLS pl LA SUBDIVISION �y T DISPLAY FOR o NO. 1 ANNEXATION OF -- a� I� �s� a $ 965 E USTICK RD ruv1B1RLUNr SURVEYING sr O a YYAn RCY 'u WAYS PE)NMfVA IW'11 u 1 Arf O F 1DA�O� FI LE:23013-MUSSELL-USTICK 4-6-2023.d g xa 5w Page 9 B. Conceptual Development Plan (dated: 1/24/25) �,, _ . 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P law Ingr rgrp,mm oFMa r1.Co FK MENDIAB Ilk 83646 • G1C A CJurcgoslis f c>rliba Kul FcustQ' KARL FOWTR FLATTER FEED ORAy6 • 160 A lyreuofe 5tebdkd SRLArO OAo1T ._- -- :d1 Lo.Qd3oaysVda Flrueol MA61FAD Elfilso L.WlFjmc rlalie roxvu>I __ = no oFFoo» h D Mkor wOwls vAWVA36 u ....-.......... .I, r.,...�..-rs-.,..n,.... .o,rt.P,.�» �....�...� rwbrc�KFeeaauwrR r ArwMrI.W Rar p,Hriyw>rwir�MQQrrr. n[ww'.ACL,4r�w..tea D. Conceptual Building • Perspectives Page 12 s. ti.a .w . l��-0: Jam.• "�.{t, --a� = � " era; '�•' . i s t.r VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Annexation&Zoning 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. 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 date of City Council approval of the Findings of Fact,Conclusions of Law and Decision& Order for the Annexation request. The DA shall, at minimum, incorporate the following provisions: a. The existing structure shall connect to City water and sewer service within 60 days of annexation and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. b. Future development of this site shall be generally consistent with the conceptual site and landscape plans and building perspectives included in Section VII and the provisions contained herein. c. Future development of the property shall comply with the dimensional standards for the L-O(Limited Office) zoning district listed in UDC Table 11-2B-3. d. Future use of the site is limited to office uses(i.e.professional services and healthcare or social services as defined in UDC 11-1A-1 and as allowed in UDC Table 11-2B-2)in accordance with the Comprehensive Plan for properties with a residential Comprehensive Plan designation; no ancillary commercial uses shall be permitted. e. A reduced buffer width to residential uses is allowed from 20-feet to 8-feet 10-inches if as approved by City Council as-set€ems in accord with UDC 11-3B-9C.2. The buffer shall contain landscaping in accord with the standards listed in UDC 11-313-9C. f. Business hours of operation shall be limited to the hours between 6:00 am and 10:00 pm as set forth in UDC 11-2B-3B for the L-O zoning district. g. A Certificate of Zoning Compliance application shall be submitted for the change in use and expansion of the site that complies with all UDC conditions and the provisions contained herein. h. A Design Review application shall be submitted for the proposed addition to the existing structure that demonstrates compliance with the design standards listed in the Architectural Standards Manual.New construction must share at least three similar accent materials, field materials, or other architectural feature of a building within 150- feet of the property(ASM Goal 1.213). IX. FINDINGS A. Annexation (UDC 11-513-3E) Required Findings: 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: Page 13 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed map amendment to the L-O zoning district for office uses only is consistent with the Comprehensive Plan as noted in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the map amendment and associated development is consistent with the regulations outlined for the district and the purpose statement of the commercial districts in that it provides for the service needs of the community. 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 detrimental to the public health, safety and welfare as office use(s)should be compatible with adjacent existing residential uses in the vicinity. 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 City water and sewer service is available to be extended to this development. The proposed map amendment shouldn't result in adverse impact upon the delivery of services by any political subdivision providing public services within the City as noted. 5. The annexation(as applicable)is in the best interest of city. The City Council f nds the proposed annexation is in the best interest of the city. Page 14 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Interagency Agreement between the City of Meridian and Ada County Highway District for Meridian Intersection and Pedestrian Safety (MIPS) Project Implementation C� fIEN DL4,,A H �. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Hether Hill, Community Development Meeting Date: May 6, 2025 Presenter: Hether Hill Estimated Time: Topic: Meridian Intersection and Pedestrian Safety (MIPS) - Project Updates Recommended Council Action: Approve the Interagency Agreement with ACHD and authorize the Mayor to sign the agreement. Background: As part of the FY2025 Budget, Council approved a funding request of $500,000 to support the implementation of projects listed in the 2023 Meridian Intersection and Pedestrian Safety (MIPSI Task Force Report. Below is a list of projects that Council previously approved staff to move forward with, in coordination with ACHD, as part of project implementation. Separate from this agreement, staff is also moving forward with crosswalk projects on private property. The projects have been within the expected budget, most of which remains unspent. Efforts are being made to explore the other projects previously presented to Council. 1. Paint projects (crosswalks): ■ Arrowwood/ Ustick (x2) ■ Black Cat/ Moon Lake (x2) ■ Linder/ Divide Creek (x1) ■ Meridian/ Carlton (x2) ■ Meridian/ Director (x1) 2. Pedestrian ramp improvements and/or sidewalk repair (concrete work): ■ Linder/Turtle Creek- pedestrian crossing adjacent to Tully Park ■ Meridian/Autumn Park Lane - sidewalk repair Attachments: Interagency Agreement Construction Drawings INTERAGENCY AGREEMENT FOR: MERIDIAN INTERSECTON & PEDESTRIAN SAFETY (MIPS) PROJECTS CONCRETE PROJECTS CROSSWALK PROJECTS THIS INTERAGENCY AGREEMENT FOR MERIDIAN INTERSECTION & PEDESTRIAN SAFETY (MIPS) PROJECTS("Agreement") is made and entered into this_day of , 2025, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN"). RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate, and operate public rights- of-way in Ada County; WHEREAS, MERIDIAN is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority, and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties; WHEREAS, DISTRICT and MERIDIAN desire to undertake a joint effort to construct sidewalk improvements on Linder Road at Tully Park and Meridian Road at Autumn Park Lane, and crosswalk improvements at multiple locations with the MERIDIAN INTERSECTION AND PEDESTRIAN SAFETY PROJECTS("Project"); WHEREAS, DISTRICT will provide design, construction, and maintenance on the Project utilizing the design plans for the Project, attached herein as Exhibit "A"; WHEREAS, MERIDIAN will commit to providing project funds (Engineers Estimate of $77,500) for the Project; NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Engineer design plans for the Project. b. Provide a copy of the winning bids prior to the distribution of funds. Page 1 of 6 c. Be the party responsible for installing the Project pursuant to the terms of this Agreement; and d. Request a payment method via electronic funds transfer to the ACHD via ACH direct deposit. e. Upon completion of the Projects take on all maintenance responsibilities. 2. MERIDIAN SHALL: a. Provide funds (Engineers Estimate of$77,500) for the total costs of the Project. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. This Agreement may not be enlarged, modified, amended, or altered except in writing signed by both of the parties hereto. c. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. d. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. e. Any action at law, suit in equity, arbitration, or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. f. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs, and assigns of the respective parties hereto. g. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VI I I, Section 3 of the Idaho Constitution. h. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. i. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants, or agreements except as specifically set forth herein. j. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under Page 2 of 6 ATTEST: ATTEST: By: By-. R HeadChris Johnson ire for City Clerk Page 4 of 6 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of , 2025, before me, the undersigned, personally appeared MIRANDA GOLD,, nd RYAN HEAD President of the Board of Commissioners and Director respectively of the DA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my han'd—a-nd affixed my e#ficial seal the day and year first above written. L. Spy'•. . CIO? Comm.62051 Notary Publi r Idaho Residing at 6 , Idaho • O My Comm issio expirftgugt 13, 2025 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of _ _ 2025, before me, the undersigned, personally appeared ROBERT SIMISON and CHRIS JOHNSON, Mayor and City Clerk respectively of the CITY OF MERIDIAN, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My commission expires: Page 5 of 6 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of 2025, before me, the undersigned, personally appeared MIRANDA GOLD, and RYAN HEAD President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Idaho My commission expires: STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 5th day of May, 2025, before me, the undersigned, personally appeared ROBERT SIMISON and CHRIS JOHNSON, Mayor and City Clerk respectively of the CITY OF MERIDIAN, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Meridian, Idaho My commission expires: 3-28-2028 Page 5 of 6 EXHIBITS Exhibit A— CONCRETE PROJECTS PLANS & CROSSWALK PROJECTS PLANS Page 6 of 6 Vicinity Map City Of Meridian FY2025 J r~—==USTICK ROAD I�--- a s z a 0 LU w if 2 )Wr INDEX OF SHEETS Linder Rd & Tully Park Z Sh—tN. op.sc.ription J 1.- 1. Title Sheet&Vicinity Map 2. Linder Rd $Tully Park Ped Crossing ��CHERRV ROAD ` 3. 324 S Meridian Rd -Sidewalk Repair w LU h z a 2 IL a 0 Ir a RANKLIN ROAD - -- g w 324 Meridian Rd 0 JL w 0 z J � 1D% 1 Not To Scale �5�orw� Ftic O�.\GENSFO a 14901 �T9TF OF lrHEW W Ada County Highway District City Of Meridian FY2025 Linder Rd & Tully Park Ped Crossing Design By- JA Sheet 1 Of 3 Date: April 2025 0 W I a W W --- —P/L-- — — --- -'—IL P/L — — P/L—� R8557180350 \\ TUMBLE CREEK HOME OWNERS ASSOC P/L — — P/L- — - P/L — — P) 40 Signal Pole / FO .��FCC -- - - - FOC ,. @P FO 31 12' 30 6" Cone. Edge Surrounding Domes N LINDER RD j w C\G\SW 1 10" Water w — w 24' 28 4^ Ga 5 � 12' 35 4 P/L i O P/i -- P/L Signal Pole 40 Tully Park 1OLF 38 " e+ �Ne I Jew Plan View N.T.S. N O T E S O1 Removal Of Obstructions, Item 201.4.1.C.1 28 Standard 6" Vertical Curb & Gutter, Item 706.4.1.A.5 O30 Ped Ramp w/ Detectable Warning Domes, Type Modified, Item 706.4.1.1-1.1 (Modified — Flush Mounted — No Wings Or Ramp) 31 Concrete Sidewalks, Thickness 5", Item 706.4.1.E.1.5 O35 Ped. Ramp w/ Detectable Warning Domes, Type G, Item 706.4.1.H.1.G.G (No Curb At Back Of Ramp) 38 Asphalt Repair — Other, Item SSP 08125 �SVONAL F� Q� \GEN3F i2 40 Retain & Protect o to a. 14901 �' 54 Inlet Protection, Item 1006.4.1.C.1 �9TE OF �ryEW W ,.AAaM Ada County Highway District City Of Meridian FY2025 Linder Rd & Tully Park Ped Crossing Design By: JA Sheet 2 Of 3 Date: April 2025 Z J Y Q a 7/d S1213110287 CF 40 C HOPE—PONDEROSA OREG LTD Vd MERIDIAN ROAD Taper Curb 8' & Widen Gutter Pan �To Match Existing Conditions i� C\G\SW\VG 1 �J 38' 28 12' 32 �_ Provide 4' Landing Between �D\W App. & Exist. Ped Ramp 40 P/L P/L — — P/L — - PA —7 31 38 3' 31/L 411gn D\W Approach & North Edge Of Existing Asphalt 1118223562 S1118223503 - 324 303 HWY 93 LLC LS PROPDROP LLC Plan View N.T.S. N O T E S O1 Removal Of Obstructions, Item 201.4.1.C.1 28 Standard 6" Vertical Curb & Gutter, Item 706.4.1.A.5 31 Concrete Sidewalks, Thickness 5", Item 706.4.1.E.1.5 Concrete Driveway Approach, Item 706.4.1.F.1 32 (Ref. ISPWC Supplemental Drawing SD-710B) 38 Asphalt Repair — Other, Item SSP 08125 40 Retain & Protect �5\ONAL F� Ov\aENSFO i2 as 14901 �9TE OF �ryEW W ,AACHD Ada County Highway District City Of Meridian FY2025 324 S Meridian Rd - Sidewalk Repair Design By: JA Sheet 3 Of 3 Date: April 2025 N O T E S 1. All Traffic Control Devices Shall Conform to The Latest Edition of The Manual On Uniform Traffic Control Devices (MUTCD). - L 2. Refer to ACHD Standard Traffic Details For Construction Details and • Installation Requirements. 3. All Existing Signs Not Specifically Called Out On The Plan Sheets _ - Shall Remain In Place and, If Necessary, Be Appropriately Protected 1 e During Construction. Damaged or Destroyed Signs Shall Be Replaced At the Contractors Expense. - 4. For Applications On Concrete, Contrast Tape Shall Be Used For All Markings. L — Divide Creek St 5. For Applications Asphalt, Thermoplastic Material Shall Be Used Director St For All Crosswalkss,, Arrows, Symbols, And Word Markings. A PAVEMENT MARKING LEGEND 18 Ref. ACHD Standard Traffic Details (TS Series) For Construction 19 Details k Installation Requirements 24' White w/4• Gap — 9• Crosswalk w 19 24' White — Stop Bar � 1 . CONSTRUCTION NOTES 'r its �~ A CROSSWALK MARKINGS TO BE INSTALLED ALONG THE y�1 • L s ❑ CENTERLINE OF THE PEDESTRIAN RAMPS — BARS INSTALLED r PARALLEL TO THE DIRECTION OF TRAVEL. SEE ACHD TS-1112.10 FOR TYPICAL INSTALLATION. ti 0Et 3 18 A Carlton Ave r•� �zi� I� `LI r ' �f� Ustick Rd A Moon Lake Dr l� � 18 18 T 1 t =�AM4 .� a D Plan Scale: 1' 40' ONAL o��yS\GENSeIc/Zm a 14901 X �r9JE OF Revisions: Design By:J. Heath Date:4 10 2025 Drawn By: J. Heath Date:4 10 2025 Survey By: Date: �TyftvW.oEG� ACM Ada County Highway District •3115 Adams Stwww.Garden City, Idaho, 83714, Project Number: Project Name: City of Meridian - Crosswalks Sheet 1 of 1 N O T E S 1. All Traffic Control Devices Shall Conform to The Latest Edition of The Manual On Uniform Traffic Control Devices (MUTCD). - L 2. Refer to ACHD Standard Traffic Details For Construction Details and • Installation Requirements. 3. All Existing Signs Not Specifically Called Out On The Plan Sheets _ - Shall Remain In Place and, If Necessary, Be Appropriately Protected 1 e During Construction. Damaged or Destroyed Signs Shall Be Replaced At the Contractors Expense. - 4. For Applications On Concrete, Contrast Tape Shall Be Used For All Markings. L — Divide Creek St 5. For Applications Asphalt, Thermoplastic Material Shall Be Used Director St For All Crosswalkss,, Arrows, Symbols, And Word Markings. A PAVEMENT MARKING LEGEND 18 Ref. ACHD Standard Traffic Details (TS Series) For Construction 19 Details k Installation Requirements 24' White w/4• Gap — 9• Crosswalk w 19 24' White — Stop Bar � 1 . CONSTRUCTION NOTES 'r its �~ A CROSSWALK MARKINGS TO BE INSTALLED ALONG THE y�1 • L s ❑ CENTERLINE OF THE PEDESTRIAN RAMPS — BARS INSTALLED r PARALLEL TO THE DIRECTION OF TRAVEL. SEE ACHD TS-1112.10 FOR TYPICAL INSTALLATION. ti 0Et 3 18 A Carlton Ave r•� �zi� I� `LI r ' �f� Ustick Rd A Moon Lake Dr l� � 18 18 T 1 t =�AM4 .� a D Plan Scale: 1' 40' ONAL o��yS\GENSeIc/Zm a 14901 X �r9JE OF Revisions: Design By:J. Heath Date:4 10 2025 Drawn By: J. Heath Date:4 10 2025 Survey By: Date: �TyftvW.oEG� ACM Ada County Highway District •3115 Adams Stwww.Garden City, Idaho, 83714, Project Number: Project Name: City of Meridian - Crosswalks Sheet 1 of 1 Vicinity Map City Of Meridian FY2025 J�USTICK ROAD QO W z Q it w v INDEX OF SHEETS Under Rd W & Tully Park ❑ Sheer No De s c rl pr ion z J 1. Title Sheet&Vicinity Map 2. Linder Rd &Tully Park Ped Crossing CHERRY ROAD 3. 324 S Meridian Rd -Sidewalk Repair w W z L Q O K z Q_ RANKLIN ROA ❑ a E- W 324 Meridian Rd 0 rr rr w z_ J f �Vr 1-84 Not To Scale -NAL FN ENS OC/2 C01 ly t J4 t m EG VW. � .,.p4�AIC7FID Ada County Highway District City Of Meridian FY2025 Linder Rd & Tully Park Ped Crossing Design By: JA Sheet 1 Of 3 Date: April 2025 0 Y � a W A/ a uJ P/L — PA R8557180350 \\ TUMBLE CREEK HOME OWNERS ASSOC P/L — — P) 40 Signal Pole rn F —Foc 31 12' 30 6" Conc. Edge Surrounding Domes S N LINDER RD IiiiiiIiiiiiiiiiim �. or w C\G\SW 1 w 10" Vatr 24' 28 7 4" Go/ i 54.'. P/L / 12' 35 P/L z Signal Pole 40 Tully Park 1OLF 38 Plan View N.T.S. N O T E S O1 Removal Of Obstructions, Item 201.4.1.C.1 28 Standard 6" Vertical Curb & Gutter, Item 706.4.1.A.5 O30 Ped Ramp w/ Detectable Warning Domes, Type Modified, Item 706.4.1H. .1 (Modified — Flush Mounted — No Wings Or Ramp) 31 Concrete Sidewalks, Thickness 5", Item 706.4.1.E.1.5 Ped. Ramp w/ Detectable Warning Domes, Type G, Item 706.4.1.H.1.G.G 35 (No Curb At Back Of Ramp) 38 Asphalt Repair — Other, Item SSP 08125 DS Retain & ProtectII d Inlet Protection, Item 1006.4.1.C.1 ..AACHD Ada County Highway District City Of Meridian FY2025 Linder Rd & Tully Park Ped Crossing Design By: JA Sheet 2 Of 3 Date: April 2025 J tr a — —Z 1/d S1213110287 CF 40 G HOPE—PONDEROSA DREG LTD I— Q — — l/d — — l/d MERIDIAN ROAD Taper Curb 8' & Widen Gutter Pan —Provide Match Existing Conditions C\G\SW\VG 1 I $ I 38' 28 12' 32 Provide 4' Landing Between D\W App. & Exist. Ped Ramp 40 P/L — — P/L — — P/L — _ /L — PA `r �7 31 38 3' 31 �bgn D\W Approach & North Edge Of Existing Asphalt S1118223562 S1118223503 F3241 F3031 HWY 93 LLC LS PROPDROP LLC Plan View N.T.S. N O T E S O1 Removal Of Obstructions, Item 201.4.1.C.1 28 Standard 6" Vertical Curb & Gutter, Item 706.4.1.A.5 31 Concrete Sidewalks, Thickness 5", Item 706.4.1.E.1.5 gConcrete Driveway Approach, Item 706.4.1.F.1 32 (Ref. ISPWC Supplemental Drawing SD-710B) 38 Asphalt Repair — Other, Item SSP 08125 40 Retain & Protect �NSFa�2 m 11 It 4. t 9 4 or 'W. 13 4ACHD Ada County Highway District City Of Meridian FY2025 324 S Meridian Rd - Sidewalk Repair Design By: JA Sheet 3 Of 3 Date: April 2025 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to Gentry Civil Corp, for E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement and Authorize the Procurement Manager to sign and to issue the resulting Purchase Order (::� VE N DIAN:--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: May 6, 2025 Presenter: Consent Estimated Time: N/A Topic: Approval of Construction Contract to Gentry Civil Corp. for E.Williams St. - N. Meridian Rd.to NE 3rd St. - Sewer Main Replacement for the Not-To-Exceed Amount of$426,542.00 Recommended Council Action: Approval of Construction Contract to Gentery Civil Corp. for E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main replacement 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-2522-11072.b that closed at 2:30 PM on Thursday 4/10/2025. Three (3) bids were received. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 4/18/2025 REQUESTING DEPARTMENT Public Works Project Name: E.Williams St.-N.Meridian Rd.to NE 3rd St.-Sewer Main Replacement Project Manager: Jared Hale Contract Amount: $426,542.00 Contractor/Consultant/Design Engineer: CIVII Survey Consultants, Inc. Is this a change order? yes ❑ No ❑� Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 65 Budget Available(Purchasing attach report): Department 3590 Yes 0 No ❑ Construction 0 GL Account 95000 FY Budget: 2025 Task Order ❑ Project Number: 11072.b 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: April 11,2025 7 day protest period ends: April 18,2025 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 059521 Expiration Date: 4/30/2025 Corporation Status Active Insurance Certificates Received(Date): 4/16/2025 Expiration Date: 11/1/2025 Rating: A+ Payment and Performance Bonds Received(Date): 4/17/2025 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: April 18,2025 Approval Date May 6,2025 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 E IDIAN:--- BID RESULTS BID NAME: E.WILLIAMS ST.-N.MERIDIAN RD.TO NE 3RD ST.-SEWER MAIN REPLACEMENT BID NUMBER: PW-2522-11072.b DUE DATE&TIME: 4/10/2025,2:30 PM MDT Cougar Excavation Gentry Civil Corp Idaho Site Works Total Cost $523,370.0 $426,542.0 $584,618.0 Selected# 0 24 0 # Items Selected Lowest Quantity Unit UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost Required 1 Dewatering $26,700.0 $2 1 LS $2 $2 $26,700.0 $26,700.0 $70,000.0 $70,000.0 2 Imported Trench Backfill Type A(PreApproval Required) $2,360.0 $520 20 TON $26 $520 $118 $2,360.0 $35 $700 3 Type C Surface Restoration $2,790.0 $1,800.0 45 SY $40 $1,800.0 $62 $2,790.0 $315 $14,175.0 4 Type P Surface Restoration $31,968.0 $31,968.0 864 SY $76 $65,664.0 $37 $31,968.0 $85 $73,440.0 5 8"PVC,ASTM D3034,Sanitary Sewer Pipe $58,950.0 $58,950.0 655 LF $170 $111,350.0 $90 $58,950.0 $115 $75,325.0 6 8"PVC,AWWA C900,DR25,Water Class Sanitary Sewer Pipe $3,960.0 $3,960.0 66 LF $190 $12,540.0 $60 $3,960.0 $98 $6,468.0 7 48"Standard Sanitary Sewer Manhole,Type A $27,000.0 $27,000.0 6 EA $7,600.0 $45,600.0 $4,500.0 $27,000.0 $6,500.0 $39,000.0 8 Connect to Existing Sewer Manhole $2,215.0 $2,150.0 1 EA $3,000.0 $3,000.0 $2,215.0 $2,215.0 $2,150.0 $2,150.0 9 8"T-Type Cleanout Per Meridian SD-S1 $2,300.0 $1,800.0 1 EA $1,800.0 $1,800.0 $2,300.0 $2,300.0 $2,000.0 $2,000.0 10 4"Sewer Service Cleanout $11,970.0 $8,778.0 19 EA $462 $8,778.0 $630 $11,970.0 $1,250.0 $23,750.0 11 4"PVC,ASTM D3034,DR35,Sewer Service Pipe $81,640.0 $39,250.0 785 LF $160 $125,600.0 j $104 $81,640.0 $50 $39,250.0 12 4"Sewer Service Connection to Main $12,250.0 $3,500.0 7 EA $500 $3,500.0 $1,750.0 $12,250.0 $900 $6,300.0 13 Sewage Bypass System $9,095.0 $9,095.0 1 LS $12,000.0 $12,000.0 $9,095.0 $9,095.0 $65,000.0 $65,000.0 14 Concrete Repair $3,024.0 $2,400.0 24 SY $100 $2,400.0 $126 $3,024.0 $365 $8,760.0 15 Sediment Control $4,000.0 $2,200.0 1 LS $6,000.0 $6,000.0 $4,000.0 $4,000.0 $2,200.0 $2,200.0 16 Straw Wattle $240 $240 60 LF $4 $240 j $4 $240 j $6 $360 17 Inlet Protection $1,855.0 $525 7 EA $200 $1,400.0 $265 $1,855.0 $75 $525 18 Construction Traffic Control $26,250.0 $23,500.0 1 LS $30,000.0 $30,000.0 $26,250.0 $26,250.0 $23,500.0 $23,500.0 19 Mobilization $75,000.0 $24,900.0 1 LS $24,900.0 $24,900.0 $75,000.0 $75,000.0 $91,500.0 $91,500.0 20 Abandon Existing Sewer Main $5,200.0 $1,400.0 4 EA $1,200.0 $4,800.0 $1,300.0 $5,200.0 $350 $1,400.0 21 CCTV Existing Service Line $3,600.0 $1,800.0 3 EA $600 $1,800.0 $1,200.0 $3,600.0 $1,675.0 $5,025.0 22 Bore Sewer Service Line in to Avoid Tree Roots $21,500.0 $19,700.0 2 EA $17,600.0 $35,200.0 $10,750.0 $21,500.0 $9,850.0 $19,700.0 23 Coat Inside of Sewer Manhole With Protective Liner $9,975.0 $9,975.0 1 EA $16,476.0 $16,476.0 $9,975.0 $9,975.0 $10,975.0 $10,975.0 24 Repair Crack in Concrete Sewer Main at Service Connection $2,700.0 $2,700.0 1 EA $8,000.0 $8,000.0 $2,700.0 $2,700.0 $3,115.0 $3,115.0 CONTRACT FOR PUBLIC WORKS CONSTRUCTION E. WILLIAMS ST. - N. MERIDIAN RD. TO NE 3RD ST. -SEWER MAIN REPLACEMENT PROJECT # 11072.b THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 11th Day of April, 2025, 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, Gentry Civil Corp., hereinafter referred to as "Contractor", whose business address is 2536 W. Success Way, Emmett, ID 83617 and whose Public Works Contractor License # is PWC-C-059521. INTRODUCTION WHEREAS, the City has a need for services involving E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement; 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 E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b 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 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$426,542. 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. E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b 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 60 (Sixty) 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 shall be liable to the City for any delay beyond this time period in the amount of $500 (Five Hundred Dollars) per calendar day. Suchpayment shall be construed to be liquidated damages by the Contractor in lieu ofany 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 90 (Ninety) 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 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 E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b 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 pliability 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 E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b 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, liabilityinsurance, 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. E. Williams St. - N. Meridian Rd. to NE 3rd St. -Sewer Main Replacement Project# 11072.b 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 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 E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b 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: httD://www.meridianCity.org/environmental.asDx?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 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. 18. Audits and Inspections: At any time during normal business hours and as often as the City may deem E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072,b 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 E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b 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. 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 E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b 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. C. Contractor certifies that: (i) as of the Effective Date, it is not engaged in a "Boycott," as defined in Idaho Code §67-2347A, of any individual or company because that individual or company engages in or supports (a) the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture, or (b) the manufacture, distribution, sale, or use of any "Firearm," as defined in Idaho Code §18-3302(2)(d); and (ii) it will not engage in any such boycott during the Term. 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: E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b CITY: CONTRACTOR: City of Meridian Gentry Civil Corp. Procurement Manager Attn: Garrett Gentry 33 E Broadway Ave. Address: 2536 W. Success Way Meridian, ID 83642 Emmett, ID 83614 208-489-0417 Phone: 208-817-1164 Email: garrett@gentrycivilcorp.com Public Works Contractor License#: PWC-C-059521 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: GENTRY CIVIL CORP.: BY: _ BY: KEITH WATTS, Procurement Manger G ' RETT GE T, President DATED: DATED:_"lI L? 5 Approved by Council Date: (if needed) 5-6-2025 Project Manager: Jared Hale E. Williams St, - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID (PW-2522-11072.b) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # (PW-2522-11072.b), 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). See the following separate attached documents: • Document 5 - Special Provisions For E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement (43 Pgs.). • Document 6 - Drawings—Plans For E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement (7 Pgs.). E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Contract shall not exceed $426,542. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 60 Days From Date of NTP Milestone 2 Final Completion 90 Days From Date of NTP PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for E. Williams St. - N. Meridian Rd, to NE 3rd St. - Sewer Main Replacement per ITB BID# PW-2522-11072.b. NOT-TO-EXCEED AMOUNT.............................................$426,542 I 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 No. Description Required Unit Unit Price Total Cost 1 Dewatering 1 LS i $26,700.00 $26,700.00 2 Imported Trench Backfill Type A 20 TON $118.00 $2,360.00 1 (PreApproval Required) 3 Type C Surface Restoration 45 SY $62.00 $2,790.00 E 4 Type P Surface Restoration 864 SY I $37.00 $31,968.00 i 5 8" PVC, ASTM D3034, Sanitary Sewer Pipe 655 LF F$90.00 $58,950.00 6 8" PVC, AWWA C900, DR25, 66 LF $60.00 $3,960.00 Water Class Sanitary Sewer Pipe 7 148" Standard Sanitary Sewer Manhole, Type A 6 EA $4,500.00 $27,000.00 8 Connect to Existing Sewer Manhole 1 EA $2,215.00 $2,215.00 9 8" T-Type Cleanout Per Meridian SD-S1 1 EA $2,300.00 $2,300.00 E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b 10 4" Sewer Service Cleanout 19 EA $630.00 $11,970.00 11 4" PVC, ASTM D3034, DR35, 785 LF $104.00 $81,640.00 Sewer Service Pipe 12 4" Sewer Service Connection to Main 7 EA $1,750.00 $12,250.00 13 Sewage Bypass System 1 LS $9,095.00 $9,095.00 14 Concrete Repair 24 SY $126.00 $3,024.00 15 Sediment Control 1 LS $4,000.00 $4,000.00 16 Straw Wattle 60 LF $4.00 $240.00 17 Inlet Protection 7 EA 1 $265.00 $1,855.00 18 Construction Traffic Control 1 LS $26,250.00 $26,250.00 19 Mobilization 1 LS $75,000.00 $75,000.00 20 Abandon Existing Sewer Main { 4 EA $1,300.00 $5,200.00 21 CCTV Existing Service Line ` 3 EA $1,200.00 $3,600.00 22 Bore Sewer Service Line in to Avoid Tree Roots 2 EA $10,750.00 $21,500.00 23 Coat Inside of Sewer Manhole ? 1 EA $9,975.00 $9,975.00 With Protective Liner 24 Repair Crack in Concrete Sewer 1 EA $2,700.00 $2,700.00 Main at Service Connection E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Project# 11072.b Mayor Robert E. Simison City Council Members: E IDIAN Luke r President Liz Strailerrader,Vice President Brian Whitlock Doug Taylor John Overton Anne Little Roberts CONDITIONAL NOTICE OF AWARD April 11, 2025 Gentry Civil Corp. Attn: Garrett Gentry 2536 W. Success Way Emmett, iD 83617 RE: AWARD OF BID - E. Williams St. - N. Meridian Rd. to NE 3rd St. - Sewer Main Replacement Dear Garrett: The City of Meridian is issuing this Conditional Notice of Award for the above-named project located in Meridian, ID. Please sign and return the attached Construction Contract along with also providing the following required document within (7) days or sooner from the date of this notice: 1. Required Payment and Performance Bonds. 2. W-9. 3. Completed ACH Form. 4. Required properly endorsed updated Certificate of Liability Insurance for Commercial General, Automobile, Umbrella, Workers Compensation, and Rented/Leased Equipment with the City of Meridian and the Project Name/No. also listed in the boxed area titled "Description of Operations / Locations /Vehicles". After receiving the signed Construction Contract including the above required documents from you by 4/18/2025, the Executed Construction Contract will be provided to you afterwards. After your receipt of the Executed Construction Contract, please contact the City Project Manager, Jared Hale at 208-489-0370 for Notice-To-Proceed and Pre-Construction instructions. Please feel free to contact me if you have any questions. Sincerely, 'barrm 8rasfur Darren Brasseur Buyer Procurement Division ■ 33 E. Broadway Avenue Ste. 106 Meridian, ID 83642 Phone 208-489-0416 ■ Fax 208-887-4813 ■ www.meridiancity.org W IDIAN� AGENDA ITEM ITEM TOPIC: Art Purchase and Installation Agreement Between Lorelle Rau and the City of Meridian E IDIAN:--- yAHO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cassandra Schiffler,Arts & Culture Meeting Date: April 29 2025 Coordinator Presenter: N/A Estimated Time: 0.5 minutes Topic: Agreement for Mural Panels Art Purchase and Installation at Homecourt Recommended Council Action: Approve Artwork Purchase and Installation Agreement for the Mayor's signature. Background: Local artist Lorelle Rau created an original mural on plywood panels during the 2024 Community Art Party event.The Meridian Arts Commission reviewed the artwork and unanimously voted on 1-9-25 to recommend the City's acquisition and installation of the work at Homecourt Bay 6. Strategic Goals Alignment:It meets MAC's Strategic Plan goals for Public Art,as laid out in Public Art Goal 1: "Create opportunities for all Meridian residents and visitors to experience public art" Budget:No budget amendment is necessary.This project uses existing MAPS funds for smaller projects. (The MAPS Ordinance 15-1642 established the method of appropriating general funds to install visual, tangible artworks for installation on public property in Meridian's public spaces.) Installation and Location:Artwork will be hung by the artist using cleats,and will be varnished by the artist with a protective coating.Installation is planned for Homecourt Bay 6,in the lobby area. See mock up imagery below: F 0 5 ART PURCHASE AND INSTALLATION AGREEMENT This ART PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is entered into this 5th day of May, 2025, by and between the City of Meridian, Idaho, a municipal corporation organized under the laws of the state of Idaho ("City"), and Lorelle Rau, on behalf of Lorelle Rau Studios LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). Together, City and Artist may be referenced herein as "Parties." WHEREAS,the City desires to foster a vibrant community, establish a sense of place and local identity, and beautify public spaces by commissioning the design and installation of a large-scale painting that the City intends to install in bay 6 at Meridian Homecourt, located at 936 Taylor Avenue, in Meridian, Idaho ("Facility"); and WHEREAS, at its meeting on January 9, 2025, the Meridian Arts Commission voted to recommend that the City purchase a sixty-four square foot painting by Artist entitled, "Evening in the Foothills," as depicted in Exhibit A (collectively, "Artwork"); WHEREAS,making visual art part of the regular experience for those who visit Meridian Homecourt will encourage dialogue and provide new ways of experiencing the arts; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. Sale. Artist hereby agrees to varnish the Artwork, deliver the Artwork to City, and assist City staff with installation of the Artwork at Facility for the sum of one thousand, six hundred dollars ($1,600.00). The Parties agree that this amount shall include all costs associated with Artist's provision of goods and services under this agreement, including but not limited to, commission, materials, travel, delivery, insurance, equipment, and any and all other costs of goods or services to be provided by Artist. 2. Method of payment. Artist shall provide to City a completed W-9 form and an invoice for delivery and installation of the Artwork, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. 3. Time of the essence. The Artist acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, 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. 4. Limited edition. Artwork shall be one of a limited edition of one. Artist warrants and represents that the Artwork has never before been designed, fabricated, created,published, or ART PURCHASE AGREEMENT PAGE 1 OF 8 copied; that Artist is the sole creator of the Artwork; and that Artist is the sole and exclusive owner of all rights conveyed to City by this Agreement. 5. Copyright. The copyright for the Artwork shall be held by City. Artist shall reserve no right to reproduce the Artwork in any manner or for any purpose, though Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Artwork for promotional or other public use without further permission from Artist. While Artist shall make no claim to the copyright of the Artwork, Artist shall be identified as the creator of the Artwork, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Artwork by City for promotional or other public use. This provision shall survive the termination of this Agreement. Artist shall not make any claim to the copyright of the Artwork. 6. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Artwork. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation,publication,performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Artwork developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Artwork including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. This provision shall survive the termination of this Agreement. 7. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. 8. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork,provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. 9. Display. It is the intent of City to publicly display the Artwork at Facility. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Artwork from public display, whether temporarily or permanently. In the event that City determines that the ART PURCHASE AGREEMENT PAGE 2 OF 8 Artwork or any component thereof shall be deaccessioned, City shall follow the applicable City policy and procedure. 10. Alteration. If any alteration occurs to the Artwork, whether intentional or accidental and whether caused by City or others,upon written request of Artist, the Artwork shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. 11. Two-year parts and workmanship warrantee. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2)years after installation of the Artwork, and during such time shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such period Artist shall not be required to replace or repair any damage to the Artwork caused by City's employees or by an act of God. 12. Determination of need for repair. At all times, including the first two years following installation of the Artwork, City shall make any and all determinations regarding whether the Artwork's parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. 13. Maintenance, restoration, and repair. Following installation of the Artwork, City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. If the Artwork is damaged, and if practicable, City shall consult Artist before any restoration efforts and shall provide Artist first opportunity to restore it. City shall have the exclusive right to determine when and whether repairs and restorations of the Artwork shall be made, and by whom. 14. Retransfer. If City, in any way whatsoever, sells, gives,bequests, transfers, or trades the Artwork, Artist shall have no right to obtain such Artwork or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 15. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent,joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: a. Artist is free from actual and potential control by City in the provision of services under this Agreement. ART PURCHASE AGREEMENT PAGE 3 OF 8 b. Artist is engaged in an independently established trade, occupation,profession, or business. c. Artist has the authority to hire subordinates. d. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 16. Notice.Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows, or to the Parties' respective registered agent, as designated in the records of the Idaho Secretary of State: Artist: City: Lorelle Rau, Member City Clerk Lorelle Rau Studios LLC City of Meridian 3591 W. Rose Hill Street 33 E. Broadway Ave. Boise ID 83705 Meridian ID 83642 Either party may change their address for the purpose of this provision by giving written notice of such change in the manner herein provided. 17. Waiver and indemnification. Artist waives and releases, on behalf of Artist and Artist's heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist shall, and hereby does, indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. 18. No warranty. City makes no warranty or representation to Artist of any kind, express or implied, regarding the suitability of Facility or any City property or structure, or any portion thereof, for any aspect for which Artist expects or intends to use same. Artist has made an adequate investigation and inspection of Facility and of any applicable City property or structure, has made an independent determination regarding their suitability for installation of the Artwork, and is satisfied with the condition, fitness, and order thereof. Artist agrees that Artist will be using Facility and City property and structures on an"as is," "where is," and "with any and all faults"basis. 19. Assumption of risk. Artist acknowledges that provision of services under this Agreement may carry a risk of injury, illness, and/or death, some of which risks may be unknown, and, with that knowledge, Artist hereby assumes all such risks and hazards. 20. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, through completion of this Agreement, each and all of the following: ART PURCHASE AGREEMENT PAGE 4 OF 8 a. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00)per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and Artist's employees, agents, and/or workers, including coverage for owned, non-owned, and hired vehicles, as applicable. b. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through delivery and installation of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, to cover any and all persons employed by Artist. c. Insurance of Artwork. Before delivery and installation of the Artwork, Artist shall procure and maintain, at Artist's own expense, insurance on same in an all-risk form in the amount of one thousand, six hundred dollars ($1,600.00), with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until completed installation of the Artwork. 21. Proof of insurance. Artist shall provide to City, within seven(7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. 22. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24)hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. 23. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of this Agreement. 24. State of Idaho requirements. The following provisions, as applicable, are required by Idaho law. The terms used in this provision shall have the definitions as set forth in the respective Idaho Code provisions. a. Pursuant to Idaho Code § 18-8703,as applicable,Artist certifies that it is not,and will not for the duration of this Agreement become, an abortion provider or an affiliate of an abortion provider. b. Pursuant to Idaho Code§ 67-2359,Artist certifies that Artist is not,and for the duration of this Agreement will not be,a company currently owned or operated by the government of China. c. Pursuant to Idaho Code§67-2347A,Artist certifies that Artist is not currently engaged in,and will not for the duration of this Agreement engage in,a boycott of any individual or company ART PURCHASE AGREEMENT PAGE 5 OF 8 because that individual or company engages in or supports the exploration, production, utilization,transportation,sale,or manufacture of fossil fuel-based energy,timber,minerals, hydroelectric power, nuclear energy, or agriculture. d. Pursuant to Idaho Code§67-2347A,Artist certifies that Artist is not currently engaged in,and will not for the duration of this Agreement engage in,a boycott of any individual or company because that individual or company engages in or supports the manufacture, distribution, sale, or use of any firearm. 25. Presumptions; review. In construing the terms of this Agreement, no presumption shall operate in either party's favor as a result of that party's counsel's role in drafting the terms or provisions hereof. Further, it is agreed that Artist has had a full and fair opportunity to review the terms herein and to consult with legal counsel before signing. Accordingly, because Artist has had ample review opportunities and because Artist is and was free to elect not to accept these terms, Artist acknowledges that this is not a contract of adhesion. 26. 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. 27. 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 hereto. 28. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 29. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell Artist's rights or duties arising hereunder without the prior express written consent of City. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. 30. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 31. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time,by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period ART PURCHASE AGREEMENT PAGE 6 OF 8 as specified in the notice, City may, with no further notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 32. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 33. Governing law; compliance with law. This Agreement shall be governed by the laws of the State of Idaho. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. 34. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 35. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: a&A 4u-, Lorelle Rau Lorelle Rau Studios LLC CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 5-6-2025 Attest: Chris Johnson 5-6-2025 City Clerk ART PURCHASE AGREEMENT PAGE 7 OF 8 EXHIBIT A ~ { i ART PURCHASE AGREEMENT PAGE 8 OF 8 W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 25-2515: A Resolution of the City Council of the City of Meridian Directing the City Clerk to Destroy and/or Supervise the Destruction of Certain Semi-Permanent and Temporary Records; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 25-2515 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN DIRECTING THE CITY CLERK TO DESTROY AND/OR SUPERVISE THE DESTRUCTION OF CERTAIN SEMI-PERMANENT AND TEMPORARY RECORDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has the authority pursuant to Idaho Code section 50-907(7) to, by resolution, direct that the City Clerk destroy semi-permanent and temporary records, upon the advice of the City Attorney; and WHEREAS, upon the advice of the City Attorney, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50- 907(2) and(3)because the time period for retention of such records has expired; and WHEREAS,the City Council finds that it is in the best interest of the City of Meridian to destroy all semi-permanent and temporary records as set forth in Exhibit A hereto; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City Clerk is hereby directed to destroy and/or supervise the destruction of the semi-permanent and temporary records of the City of Meridian as set forth in Exhibit A hereto. Section 2. 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 6th day of May, 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of May, 2025. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION AUTHORIZING CERTAIN RECORDS FOR DESTRUCTION PAGE 1 OF 1 Exhibit A RECORDS DESTRUCTION RESOLUTION ADOPTING UPDATED RECORDS RETENTION SCHEDULE PAGE I TABLE OF CONTENTS City Attorney's Office ................................................................... Page 2 City Clerk's Office ....................................................................... Page 4 Community Development ............................................................... Page 5 Finance Department ..................................................................... Page 6 Human Resources Department ......................................................... Page 7 Parks and Recreation Department ...................................................... Page 11 Public Works Department ............................................................... Page 14 1 1 P a g e CITY ATTORNEY'S OFFICE RECORD DESCRIPTION CATEGORY TO BE DESTROYED Legal Department Bankruptcy Records documenting notification Semipermanent Destroy where Trustee Notices and Case to the city that certain individuals IC§50-907(2)(a,g) Final Report or an Order Files have filed for bankruptcy, and used Dismissing the Case was to determine if the individual owes entered on or before money to the city and to file notice December 31, 2019 or claim with the court. Information may include: debtor's name,utility accounts information, prepared repayment plan and related documentation. Civil Case Files Records related to cases filed by Semipermanent Destroy where last action and against the City, including IC§50-907(2)(g) was on or before bankruptcy litigated claims and land December 31, 2014 use judicial review/appeals . Includes complaints, summons, investigations, reports, attorney notes, discovery-related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records. Contracts Agreements with outside counsel, Semipermanent Destroy where last investigators, representatives, and IC§50-907(2)(b) action was on or before other parties approved by the City December 31, 2019 Attorney. Departmental Reports prepared by the city Semipermanent Destroy records dated on Reports attorney for the mayor and city IC§50-907(2)(e) or before December 31, council. 2019 Forms and Forms and agreements prepared by Semipermanent Destroy records dated on Agreements City Attorney's Office (e.g. consent IC§50-907(2)(g) or before December 31, forms, acknowledgement forms, 2019 waiver agreements, liability agreements). Legal Opinions, Formal and informal opinions and Semipermanent Destroy records dated on Memoranda memoranda rendered by the city IC§50-907(2)(g) or before December 31, attorney for the mayor, city council, 2019 or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. 2 1 P a g e RECORD DESCRIPTION CATEGORY TO BE DESTROYED Privileged Records held in confidence by the Semipermanent Destroy where separation Administrative City Attorney's Office regarding IC§50-907(2)(g) of investigated employee Records confidential or privileged matters was on or before including personnel investigations, December 31, 2019 settlements related to personnel matters. Settlement Settlement agreements and related Semipermanent Destroy where final Records documentation from civil cases, IC§50-907(2)(g) fulfillment of all parties' claims, mediation, and arbitration. obligations was on or before December 31, 2019 Risk Management Wh Claim Files Claims for damages filed by and Semipermanent Destroy records dated on against the city, including claims IC§50-907(2)(a,g) or before December 31, caused by City employees/ 2019 for unlitigated equipment, including tort claims, claims (See Civil Case property damage records, and Files for litigated claims) related correspondence. 3 1 P a g e CITY CLERK'S OFFICE RECORD DESCRIPTION CATEGORY TO BE DESTROYED Administrative Records Correspondence Records created or received in the course Semipermanent Destroy records of administering city policies,procedures dated on or before or programs,but these records do not December 31, 2019 provide insight into significant policy, procedure or program discussions or decisions. Operational Records AudioNideo Audio and video recordings of City Semipermanent Destroy records Recordings Council, Commission and Committee dated on or before Meetings. December 31, 2019 Contracts & Agreements with vendors and other Semipermanent Agreements to parties for the acquisition, lease, lease- IC§50- Destroy where which the City is a purchase or sale of equipment, supplies, 907(2)(b) expired on or before Party services or property, letters of credit, December 31, 2014 warranty surety agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. Permits & Licenses Records relating to city permits and Semipermanent Destroy records licenses issued in the City Clerk's Office. IC§50- dated on or before 907(2)(d) December 31, 2019 4 1 P a g e COMMUNITY DEVELOPMENT DEPARTMENT RECORD DESCRIPTION CATEGORY TO BE DESTROYED Administrative—All Divisions Committee/Ad-Hoc Agendas and meeting minutes/notes for Temporary Destroy records Team Records special groups convened by Community dated on or before Development for specific purposes such December 31, 2022 as understanding operational gaps, Code issues, and process delays. Department Departmental records created or received Temporary Destroy records Guidelines, Policies, in the course of administering dated on or before Procedures, Processes departmental policies, procedures, or December 31, 2019 and Reports programs, but these records do not provide insight into significant policy, procedure, program, discussions, or decisions. Including,but not limited to: citizen response letters. Zoning Verification Documents, including, but not limited to: Semi- Destroy records Letter written requests for zoning analysis of a permanent dated on or before specific parcel/property and the December 31, 2014 responsive departmental opinion. 5 1 P a g e FINANCE DEPARTMENT RECORD DESCRIPTION I CATEGORY TO BE DESTROYED Administrative—All Administration,Arts & Culture, Billing, Budget, Controller, Purchasing) Records created or received in the Semipermanent Destroy records course of administering city policies, dated on or before procedures or programs, but these December 31, 2019 records do not provide insight into significant policy,procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing adjustment requests, etc. Accounting Accounts Payable Records documenting payment of city Semipermanent Destroy records bills, including reports, invoices, check IC§50- dated on or before stubs,purchase orders, payment 907(2)(a) December 31, 2019 authorizations. Accounts Records documenting billing and Semipermanent Destroy records Receivable collection of monies owed to the city by IC§50- dated on or before vendors, citizens, organizations, 907(2)(a) December 31, 2019 governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Cash Receipts Receipt and supporting documentation. Semipermanent Destroy records IC§50- dated on or before 907(2)(a) December 31, 2019 Grant Records Records documenting the application, Semipermanent Destroy records evaluation, awarding, administration, IC§50- dated on or before reporting and status of grants applied 907(2)(g) December 31, 2014 for, received, awarded or administered from final grant by the city. Records include: close-out applications and proposals, summaries, objectives, activities,budgets, exhibits, award notices,progress reports, contracts, financial reports, and related correspondence and documentation. Bank Transaction Records documenting the status and Semipermanent Destroy records Records transaction activity of city bank IC§50- dated on or before accounts, including account statements. 907(2)(a) December 31, 2019 6 1 P a g e HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY TO BE DESTROYED Affirmative Records documenting city compliance with Semipermanent Destroy where date Action; Equal the Civil Rights Act of 1964, the Equal IC§50-90 7(2)(g); of request or Employment Employment Opportunity Act of 1972 and 29 CFR personnel action Opportunity the Americans with Disabilities Act. 1602,1602.14, (whichever is later) Commission Records include: plans, policy statements, 1620.32 was on or before Reports reports, investigations, case files and related December 31, 2019 information. Also includes EEO-4 reports submitted to the Equal Employment Opportunity Commission(EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Employee Document of employee's work history. Semipermanent Destroy where date Personnel Records Original employee personnel records are IC§§50-907(2)(g) of employee kept by Human Resources Department and 45-610; 29 separation, unless otherwise specified. Records may CFR 1627.3; 29 expiration of include, but are not limited to: employment CFR 1602.31; eligibility, or applications, notices of appointment, IDAPA completion of training and certification records, records of 09.01.35.081 litigation (whichever health limitations, drug testing, salary is earliest)was on or schedules, personal actions, performance before December evaluations, awards and other special 31, 2019 recognition, letters of recommendation, investigation information, disciplinary action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Selection Records, and Volunteer Records). Notes: (1)Meridian Police Department employee personnel records including original Internal Affairs files and training materials are kept by the Police Department according to the Police Department Records Retention Schedule. Upon employee separation, these records shall be forwarded to Human Resources Department. 7 Page RECORD DESCRIPTION CATEGORY TO BE DESTROYED All other Police Department current employee original personnel records are kept by the Human Resources Department. (2)Meridian Fire Department employee personnel records including original training records and original records related to Union promotions are kept by the Fire Department. Upon employee separation these records shall be forwarded to Human Resources Department. All other Fire Department current employee original personnel records including ICRMP and BEST training records and Union member promotion applications and PAR forms documenting a promotion are kept by Human Resources Department. 202 Employment Document to the U.S. Immigration and Temporary Destroy where date Verification Naturalization Service that an applicant or IC§50-90 7(3)(d), of hire was on or (I-9) of Job employee is eligible to work in the U.S. 8 U.S.C. § before December Applicants Information includes: employee information 1324a(b)(3) 31, 2021 or date of and verification data such as citizenship or (Immigration termination of alien status and signature, employer review Reform and employment was and verification data such as documents, Control Act) December 31, 2023, which establish identity and eligibility, and whichever is later employer's signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Leave Applications or requests submitted by city Temporary Destroy records Applications employees for compensatory, family and IC§5 0-9 0 7(3)(d) dated on or before medical leave, long term leave and other December 31, 2021 leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Personnel Action Completed employee forms submitted to Semipermanent Destroy where date (PAR) Forms HR upon initial hire,pay increase or IC§50-90 7(2)(g); of employee decrease, change of address, or change of 29 CFR Part 1602 separation, supervisor. and 29 CFR expiration of 1627.3 eligibility, or completion of litigation (whichever is earliest)was on or before December 31, 2019 8 1 P a g e RECORD DESCRIPTION CATEGORY TO BE DESTROYED Recruitment and Documents regarding the recruitment and Temporary Destroy records Selection Records selection of city employees and contracted IC§50-90 7(3)(d); dated on or before for Applicants who service providers such as attorneys, 29 CFR 1602.31; December 31, 2022 are Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 1627.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Police Department employee Temporary Destroy where date original background investigation records of separation was on are kept by the Police Department. Upon or before December employee separation these original records 31, 2022 shall be forwarded to the Human Resources Department for proper disposition. Meridian Fire Department Union original Temporary Destroy records recruitment records including National dated on or before Testing Network testing, application, and December 31, 2022 interview notes, for applicants who are hired, are kept by the Fire Department until the expiration of the retention period at which time they shall be properly destroyed by the Fire Department. 9 1 P a g e RECORD DESCRIPTION CATEGORY TO BE DESTROYED Recruitment and Documents regarding the recruitment and Temporary Destroy records Selection Records selection of city employees and contracted IC§50-90 7(3)(d); dated on or before for Applicants who service providers such as attorneys, 29 CFR 1602.31; December 31, 2022 are Not Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Fire Department Union original Temporary Destroy records recruitment records including National dated on or before Testing Network testing, application, and December 31, 2022 interview notes, for applicants who are not hired, are kept by the Fire Department until the expiration of the retention period at which time, they shall be properly destroyed by the Fire Department 101Page PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY TO BE DESTROYED Agendas & Minutes—Staff Agendas and minutes of monthly Semipermanent Destroy records Meetings MPR all-staff meetings. IC§50-907(2)(g) dated on or before December 31, 2019 Concessionaires' Health Central District Health food safety Temporary Destroy records Department Records certifications and permits IC§50-907(3)(d) dated on or before submitted by concessionaire. December 31, 2024 Correspondence Correspondence created or Semipermanent Destroy records received in the course of IC§50-907(2)(g) dated on or before administering City policies, December 31, 2019 procedures or programs including but not limited to memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence. Committee Records Agendas, meeting minutes/notes, Semipermanent Destroy records and audio recordings of ad hoc IC§50-907(2)(g) dated on or before groups convened by Parks & December 31, 2019 Recreation for specific purposes (e.g., Christmas in Meridian). Employee files Certifications, disciplinary reports, Semipermanent Transfer to Human performance evaluations, IC§50-907(2)(g) Resources and comment cards, complaints, records dated on or kudos, awards, etc. regarding before December employees and lifeguards. 31, 2019 External Guidelines, Director's orders and policies Temporary Destroy records Policies,Director's Orders pertaining to external customers, IC§50-907(3)(d) dated on or before facilities, recreation classes, December 31, 2022 camps, special events, and sports (e.g., Lost&Found, Metal Detecting, Recreational Instructor Policy, Registrations &Refunds, Sports League Bylaws, Partnerships Between Private or Public Entities, Hot Air Balloons). Employee Time Logs and Completed logs of employees' Semipermanent Destroy records Reports timesheets, tasks, and location; IC§50-907(2)(g) dated on or before reports and analysis of related December 31, 2019 data. Facility Improvement Plans Plans and specifications related to Semipermanent Destroy records remodel and improvement of MPR IC§50-907(2)(c) dated on or before buildings and facilities. December 31, 2014 111 Page RECORD DESCRIPTION CATEGORY TO BE DESTROYED Financial Aid Applications Completed application forms and Temporary Destroy records materials submitted to request IC§50-907(3)(d) dated on or before financial assistance for children's December 31, 2022 class or program(e.g., Care Enough to Share). Grounds Maintenance Pesticide spray records, Temporary Destroy records Records playground inspection records. IC§50-907(3)(d) dated on or before IDAPA December 31, 2021 02.03.03.100.05 Homecourt Membership Records regarding Homecourt Temporary Destroy records Records membership registration, IC§50-907(3)(d) dated on or before including, e.g., waiver, financial December 31, 2022 information, daily sign-in logs. Incident or Accident Records regarding incidents, Temporary Destroy records Reports injuries, accidents, rescues, or IC§50-907(3)(d) dated on or before other staff actions, incurred during December 31, 2022 or related to a department- sponsored or department-provided class, camp, program, reservation, or activity. Meeting Records and Notes Agendas and minutes of monthly Semipermanent Destroy records MPR all-staff meetings. IC§50-907(2)(g) dated on or before December 31, 2019 Permits Materials related to permit Semipermanent Destroy records applications and permits issued by IC§50-907(2)(g) dated on or before MPR(e.g., amplified sound December 31, 2019 permits, short-term concession permits). Recreation Class/Activity Materials related to registration for Semipermanent Destroy records Registration a recreation class or activity. IC§50-907(2)(g) dated on or before December 31, 1997 (kept in Rec 1) Surveys Internal and external outreach Semipermanent Destroy records surveys and results. IC§50-907(2)(g) dated on or before December 31, 2014 Team Rosters and Record of all individuals Temporary Destroy records Registration Forms registered for a sports team. IC§50-907(3)(d) dated on or before December 31, 2022 Tree Abatement Case Files Records related to nuisance tree Temporary Destroy records abatement as ordered by City IC§50-907(3)(d) dated on or before Arborist. December 31, 2022 Lakeview Golf Course 121Page RECORD DESCRIPTION CATEGORY TO BE DESTROYED Golf Cart Maintenance Records regarding maintenance of Temporary Destroy records Records golf carts. IC§50-907(3)(d) dated on or before December 31, 2022 Golf Course Annual Passes Records related to annual pass Temporary Destroy records registration and issuance, IC§50-907(3)(d) dated on or before including, e.g., waiver, contact December 31, 2022 and financial information. Golf Course Fertilizer and Pesticide,herbicide, and fertilizer Temporary Destroy records Pesticide Records spray records. IC§50-907(3)(d) dated on or before IDAPA December 31, 2021 02.03.03.100.05 Tournament Applications Tournament application form and Temporary Destroy records related materials, including IC§50-907(3)(d) dated on or before waiver, proof of insurance, etc. December 31, 2022 Community Swimming Pool Chemical Test Logs Records of water chemical level Temporary Destroy records testing performed by pool staff. IC§50-907(3)(d) dated on or before December 31, 2022 Chemical Test reports Records of automatic chemical Semipermanent Destroy records tests performed by chemical IC§50-907(2)(g) dated on or before automation system and emailed to December 31, 2019 MPR staff. Swim Team Waiver Forms Completed waivers submitted by Temporary Destroy records individual swim team members. IC§50-907(3)(d) dated on or before December 31, 2022 Pool Operation License License(s)to operate pool issued Temporary Destroy records by Central District Health. IC§50-907(3)(d) dated on or before December 31, 2022 Arts and Culture Coordinator Initial Point Gallery Permission forms allowing display Temporary Destroy records Records of work by minor artists in IPG. IC§50-907(3)(d) dated on or before December 31, 2022 IPG visitor sign-in sheets. Temporary Destroy records IC§50-907(3)(d) dated on or before December 31, 2022 131Page PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY TO BE DESTROYED All Department Records Alarm Monitoring/ Reports of monitoring fire alarms, Semipermanent Destroy records dated on or Test Results security alarms and sprinkler tests before December 31, 2019 Reports for all relevant City-owned facilities or until administrative need including annual fire alarm testing, ends annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Budget Preparation Work documents utilized to build Semipermanent Destroy records dated on or Records base budgets and establish yearly before December 31, 2004 budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Confined Space A written authorization prepared Semipermanent 5 years from date issued Entry Permit prior to employee entry into a Permit Required Confined Space. The Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Correspondence, Correspondence created or received Semipermanent Destroy records dated on or Administrative in the course of administering City before December 31, 2019 policies,procedures, or programs. Departmental Department reports, performance Semipermanent Destroy records dated on or Reports management presentations. before December 31, 2014 Engineering Capital Engineering Capital &Enhancement Semipermanent Destroy records dated on or and Enhancement Plan(ECEP)— 5-year Capital before December 31, 2014 Plan (ECEP) Improvement Plan Reports. Reports Meeting Minutes Internal meeting agendas, minutes, Semipermanent Destroy records dated on or sign-in sheets before December 31, 2019 Presentations Departmental presentations. Semipermanent Destroy records dated on or before December 31, 2014 Safety Audits Health and Safety audits. Temporary 3 years after most recent audit Safety/Health and Safety and health documents Semipermanent Destroy records dated on or Testing including but not limited to training, before December 31, 1949 auditory testing records, respirator fit test information. Safety Meeting Topics covered and sign-up sheet for Semipermanent Destroy records dated on or Agenda/Signup employees who attended the before December 31, 2019 Sheets meetings. 141Page Training and Travel Records documenting attendance Semipermanent Destroy records dated on or and presentation by City employees before December 31, 2019 at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, travel requests, training and Continuing Education Unit (CEU)tracking reports, and related correspondence. Administration Area of Impact Records related to analysis of Semipermanent Destroy records dated on or Records expansion of Public Works services before December 31, 1949 into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Committee Records Agendas and meeting minutes for Semipermanent Destroy records dated on or special groups convened by Public before December 31, 2019 Works such as City Services Focus Group, Construction Best Management Practices Sub- Committee, Energy. Emergency Master Emergency plan records for City Semipermanent Destroy records dated on or Plans Hall, Emergency Management, and before December 31, 2014 Continuity of Operations. Events, Public Records related to planning Public Semipermanent Destroy records dated on or Works Works internal and external events. before December 31, 2014 Rate/Fee Records Records related to establishing Semipermanent Destroy records dated on or utility rates and fees, including before December 31, 2004 calculations, research and recommendations. Special Projects Documents related to special or one- Semipermanent Destroy where date of time projects to include,but not completion was on or limited to: Strategic Plans, Inventory before December 31, 204 Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Surveys Public Works initiated internal and Semipermanent Destroy records dated on or external surveys and survey results. before December 31, 2014 151Page Engineering Fire Flow Requests Requests from customers for fire Semipermanent Destroy records dated on or flow and responses from before December 31, 1949 Engineering staff based on computer modeling. Sewer Modeling Requests from customers to run Semipermanent Destroy records dated on or Requests sewer model for capacity and sizing before December 31, 1949 and response from Engineering staff based on computer modeling. Environmental Environmental Awards presented to citizens and Semipermanent Destroy records dated on or Awards Records businesses in recognition of before December 31, 2014 environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Pretreatment Permitted Facilities Records related to permitted Semipermanent Destroy records dated on or facilities, including zero discharge before December 31, 2014 permits Pretreatment Awards presented to businesses in Semipermanent Destroy records dated on or Awards Records recognition of Best Management before December 31, 2019 Practices (BMP) contributions to the Wastewater Resource Recovery Facility. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Wastewater Sewer Maintenance Records documenting the Semipermanent and Repair Records maintenance and repair of City Destroy records requiring sewers. May include summaries, engineering stamps where reports, and similar records usually date of stamp was on or compiled from daily work records before December 31, 2019. on a monthly or quarterly basis. Destroy all other records dated on or before December 31, 2014 Sewer Smoke Test Records documenting smoke tests Semipermanent Destroy records dated on or Records undertaken to verify hookup to main before December 31, 2014 sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location 16 1 Page of leaks detected, inspector's name, pipe size, and related information. Sewer Television/ Records from contractors Semipermanent Destroy records requiring Videoscan documenting television inspections engineering stamps two Inspection Records used to locate problems and defects years after life of structure. (External) in sewer lines. Often consists of, Destroy all other records inspections of newly constructed dated on or before lines. December 31, 2014 Valve Maintenance Records documenting the location, Semipermanent Destroy records requiring Records specifications, maintenance, and engineering stamps two repair of valves in the City sewer years after life of structure. system. Includes lists, charts, Destroy all other records drawings, reports, logs, and related dated on or before records, valve location, December 31, 2019 identification number, run of pipe, size, make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, test run,personnel completing work, dates, and related information. Wastewater Preventative maintenance schedules, Semipermanent Destroy records dated on or Preventative work orders before the earlier of: Maintenance Work December 31, 2019, the Plan Records removal of the asset from service, the end of the IPDES permit cycle, or the life of the City database. Destroy reclaimed water permits that expired prior to December 31, 2022 Water Backflow Tests Backflow assemblies test report Temporary Destroy records dated on or before December 31, 2021 Construction Bacteria sample results taken for Semipermanent Destroy records dated on or Samples water line/well construction before December 31, 2019 or until administrative need ends Daily Chlorine Field notes from Chlorine residuals Temporary Destroy records dated on or Residuals taken from various sample ports in before December 31, 2021 the City water system Digline Marking Agreements between City and Semipermanent Destroy records dated on or Agreement Excavators for marking facility before December 31, 2019 Fire Flow Reports Actual fire flow data taken from a Semipermanent Destroy records dated on or particular fire hydrant before December 31, 1949 ISO Fire Hydrant Updates to our Insurance Evaluator Semipermanent Destroy records dated on or Reports notifying them of new hydrants to before December 31, 2019 Water System 171Page Leak Letters Letters that are mailed to customer Semipermanent Destroy records dated on or informing customer of a possible before December 31, 2019 leak are attached to the service order for leak check Meter Warranty A report on meter warranty Semipermanent Destroy records dated on or Report before December 31, 1999 Safety Inspections Inspections/Reports for Gas Semipermanent Destroy records dated on or Monitors, Crane, Fall Protection, before December 31, 1994 and Fire Inspection Spring flush notices Flush notices mailed to customers Semipermanent Destroy records dated on or (Mailers) for spring flush of water system/ before December 31, 2019 Maps Turbidity Reports Logs used for entering wasted water Semipermanent Destroy records dated on or flushed from the water system and before December 31, 1994 not sold. Flush locations are listed. Water Quality information, including Nephelometer Turbidity (NTU)readings, are documented. Water Meter Water meter reports including NC Semipermanent Destroy records dated on or Reports list,billing status report, autoread before December 31, 2019 master route report, billing pre-scan report, re-reads, and water meter testing results, Sensus analytics, RNI Reports Water Quality Any mailed correspondence with Semipermanent Destroy records dated on or Correspondence labs, customers, regulators before December 31, 2009 concerning sampling Water Quality Records documenting water quality Semipermanent Destroy records dated on or Master Log calls from customers before December 31, 1999 18 1 Page w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 25-2516: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids CITY OF MERIDIAN RESOLUTION NO. 25-2516 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE DONATION OF CERTAIN COMPUTER AND EQUIPMENT TO COMPUTERS FOR KIDS WHEREAS, it is in the best interest of the City of Meridian to declare that certain computers and equipment as attached in Exhibit"A" as surplus, as these particular items are no longer needed or used by the City of Meridian; WHEREAS,the City of Meridian's purchasing policy allows surplus City property to be donated to other agencies exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS,the cost of maintaining the computer equipment would result in the unnecessary expenditure of City funds; and WHEREAS,the City of Meridian desires to donate the computer equipment listed in Exhibit "A"to Computers for Kids, which is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain computers and equipment as attached hereto as Exhibit"A" are surplus property. Section 2. That the Mayor and City Council hereby authorizes the donation of the computers and equipment listed in Exhibit"A"to Computers for Kids. ADOPTED by the City Council of the City of Meridian, Idaho, this 6th day of May, 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 6ch day of May, 2025. APPROVED: ATTEST: Mayor Robert E. 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CDO O O O O O O O O O O O O O O O CD O m O O 0 m 0 m O O O O O O O 0 m O O O O m O m O O I- N 00 00 a) r-I N N N r-I N r-I N N N N N N N N r-I N N N N —1 N —1 ri —1 —1 N ri —1 r-I W IDIAN� AGENDA ITEM ITEM TOPIC: Building Safety Month Proclamation E IDIAN 'rhe Office of the Mayor PROCIAMATION WHEREAS, "Game On!,"the theme for Building Safety Month 2025, encourages us all to get involved and raise awareness about building safety on a personal, local and global scale; and, WHEREAS, each year, in observance of Building Safety Month,people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local, state, tribal, territorial, and federal building safety and fire prevention departments, in protecting lives and property; and, WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians—building safety and fire prevention officials, architects, engineers,builders, tradespeople, design professionals, laborers,plumbers and others in the construction industry—who work year-round to ensure the safe construction of buildings, and; WHEREAS, modern building codes include safeguards to protect the public from natural hazards such as snowstorms, wildland fires, floods and earthquakes; and, WHEREAS, the City of Meridian is committed to recognizing that our growth and strength depends on the safety and essential role our homes,buildings and infrastructure play, both in everyday life and when disasters strike. THEREFORE, I, Robert E. Simison,proclaim the week of May 2025, as BuikCtng Safety Nonth in the City of Meridian and encourage all citizens to join us as we participate in Building Safety Month activities and recognize those that help t�..stx'engthen our community and to protect us in the buildings where we live, work and raise our fami ' Dated this 6th day of May, 2025 ob rt E. imison, ayor Luke Caven`er, ity Council President Liz Strader, City Council Vice-President John Overton, City Council Anne Little Roberts, City Council Doug Taylor, City Council Brian Whitlock, City Council '��► t sOm eI me ..,_,.i: . . . — — — ... ,.. fit-.. .%Ile i Le 7 LF S Y r ,r OkiLI i � a f m wky ; h a• plf _ 41 dd LLLL IF I If elm Md i I ._ .. . ...: . f If Ile . LL .aaa . r 4— . d � 1 a r mi -y .. VAME < e / le of Ite ell I me me Tot ' ✓! � K me 4, w '�:N:. ' me �'" n` .- , •ram " I r�i �� r,. �V NM%\X ��`l� '1 �_ , hrif l me \ \ _ , ., ,..�:: �. \'�\�\ \\\� ��\ "`., :.. ``��" w ' '' .s' ISM ,%� c. .,._,' Ile .- � . E IDIAN�- )AH AGENDA ITEM Department Reports City of Meridian 2025 th May 6Mayor’s Office–Vincent Koontz Off 2025-Plan KickStrategic – What are we discussing City Strategic Plan New Plan–What is next •New Plan–What has happened •Current Plan–What is left to do •Current Plan--Highlights and lessons •today? What have we learned? City Strategic Plan evaluated by our leadership teamKey results and goals should be •prioritiesDefine and focus on the ‘Big Picture’ •Too many operational items in the plan!•our internal staff and communityWork to improve communications with •priorities for our communityWe accomplished many important •2025 Plan-2021 What is left to do?City Strategic Plan downtown parkingterm strategy for -Developing a long•community pathway networkFinalize improvements to the •policiesFinalize review of ordinances and •DistrictEvaluate a Business Development •Linder Road ROW and Construction•2025 Plan-2021 What has been City Strategic Plan improvementsfocused on actionable, achievable big picture Recommendation of a more flexible plan, •for concise language and updatesReviewed and updated Focus Area Statements •discussed with Senior Leadership TeamReviewed Assessment data with Mayor & •2025January –Oct 2024 –Strategic Assessments •New Plan–accomplished? What’s happened City Strategic Plan Focus Area UpdatesMayor and Council President reviewed •changes.Team made updates and recommended •Area statements in March & AprilMayor and Director Team reviewed Focus •AffirmationAssessment Focus Area Strategic – What’s next City Strategic Plan.sessionsvisioning and brainstorming Schedule •executive team.Strategic Goals and Results with the Choose Council Members to work on the •Focus Area changesCouncil Review, Update and approve •Affirmation & FrameworkFocus Area – Strategic Plan City Strategic Plan Goals2.Focus Areas1.time.outcomes for the community over look to improve, achieve or develop Statements that articulate what we •Goals and strategiesEssential to build goals, key results define the Vision and Mission. Foundational Statements that help •Focus Area Terminology Strategic Plan City Strategic Plan Strategies2.and OutcomesKey Results, Projects 1.key success points that support key resultsproject plans, resourcing, personnel and goals and objectives, well articulated A plan of action designed to accomplish the •Strategies Improvement).making better. (Outputs, Outcomes, Area of be accomplished and what tells us we are utilize SMART terminology, define what will Statements that support the goals that •Key Results, Projects and Outcomes Terminology Council City Strategic Plan by end of CY2025Adopt Plan Framework 4.through the plan period.we will look to achieve Define what Key Results 3.Council GoalsCreate and Adopt 2.1.Strategic Plan Framework Key ResultsGoal SettingFocus Areas InputCollaboration and Mayor and Director City Strategic Plan goals and key resultsCreate strategies to achieve 5.end of CY2025Adopt plan framework by 4.the plan period.will look to achieve through Define what key results we 3.GoalsCreate and adopt Council 2.Examine Focus Areas1.EvaluationStrategy Creation and AdoptionStrategic Plan Framework Key ResultsGoal SettingFocus Areas and InputTeam Collaboration Communication Execution-Executive Branch Annually-Evaluate Plan Quarterly Updates to Council City Strategic Plan Director Team, MayorMonthly updates with •Adopted Goals.Progress towards Annual Report on •Results, Strategies)on an annual basis (Key •annual basis.-semifrom Director Team on a Project based updates •and Evaluation Plan of Action City Strategic Plan.Goal SettingIdentify Priorities for Area Statements and Update Focus May: Deliverable End of Mayor, SPCity Council, SLT, Who: 2025July –May 2025 When: biggest strengths, opportunities, What can we impact, what are our •Brainstorm and create goals. •Goal Setting Sessions and affirm the language.Update Focus Area Statements •Focus Area Updates Goal SettingStrategic Affirmation + Phase 1– Plan of Action City Strategic Plan ResultsFocus Areas, Goals, –Adopt Framework Mayor, SPACity Council, SLT, Who: August 2025–June 2025 When: Focus Areas, Goals and Results.staff and external feedback. Adopt framework based on stakeholder, Finalize updates to strategic plan •Strategic Framework Adoption priorities. Inform staff of priorities.community to share our goals and Engage with external stakeholders, •Strategic Engagement and FrameworkStrategic Engagement Phase 2– Plan of Action City Strategic Plan by the end of the year.out and ready to implement Plan fully built December:Deliverable by the end of SME’s, Senior LeadershipDirector, SPA, Mayor, Who: December 2025–September 2025 When: document.Community webpage, published what we look to accomplish. staff “roadshow” to highlight plan, Communicate plan, media, internal •off-Implementation and Kick and deliverables.departments, create key touch points Strategy development with •Strategy Development and ImplementationStrategy Development Phase 3 - Questions? Thank City Strategic Plan you!