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2021-06-22 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, June 22, 2021 at 4:30 PM 4:39 PM Minutes VIRTUAL MEETING INSTRUCTIONS To join the meeting online: https://us02web.zoom.us/j/89604685070 Or join by phone: 1-669-900-6833 Webinar ID: 896 0468 5070 ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener (Arrived at 4:48 p.m.) Mayor Robert E. Simison ABSENT Councilman Joe Borton ADOPTION OF AGENDA - Adopted Motion made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault. CONSENT AGENDA \[Action Item\] - Approved Motion made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault. 1. Approve Minutes of the June 8, 2021 City Council Work Session 2. Approve Minutes of the June 15, 2021 City Council Special Meeting 3. Dovetail Subdivision Sanitary Sewer and Water Main Easement No. 1 4. Hill's Century Farm North No. 1 Full Release of Sanitary Sewer and Water Main Easement 5. Hill's Century Farm North No. 1 Sanitary Sewer and Water Main Easement No. 1 6. Utility Easement for Pressure Reducing Valve 7. Final Plat for Aegean Estates No. 3 (FP-2021-0031) by Engineering Solutions, LLP, Located at 4306 N. McDermott Rd. 8. Final Plat for Oaks North Subdivision No. 10 (FP-2021-0035) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. 9. Approval of Award of Bid and Construction Contract Between City of Meridian and Treasure Valley Drilling, LLC for Well 9B Construction for the Not-to-Exceed Amount of $454,051.00 and Authorize Procurement Manager to Sign Purchase Order for the Not-to-Exceed Amount of $454,051.00 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Community Development: Fiscal Year 2021 Budget Amendment in the Amount of $35,963.00 for Reclass of Administrative Assistant to Economic Development Business Liaison - Approved Motion made by Councilman Bernt, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault. 11. Police Department: Fiscal Year 2021 Budget Amendment in the Amount of $4000.00 for Dairy Days Parade Traffic Control - Approved Motion made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault. 12. Police Department Report: Proposed Off-Highway Vehicle Ordinance ADJOURNMENT - 5:41 p.m. Item#1. Meridian City Council Work Session June 22, 2021. A Meeting of the Meridian City Council was called to order at 4:39 p.m., Tuesday, June 22, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Treg Bernt, Jessica Perreault, Liz Strader and Brad Hoaglun. Members Absent: Joe Borton. Also present: Adrienne Weatherly, Cameron Arial, Warren Stewart, Emily Kane, Brandon Frasier Jamie Leslie, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener (a:as p.m.) _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is June 22nd, 2021 , at 4:39 p.m. We will begin this afternoon's Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: It's my pleasure to make a motion to adopt the agenda a published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 8, 2021 City Council Work Session 2. Approve Minutes of the June 15, 2021 City Council Special Meeting Page 5 Meridian City Council Work Session Item#1. June 22,2021 Page 2 of 23 3. Dovetail Subdivision Sanitary Sewer and Water Main Easement No. 1 4. Hill's Century Farm North No. 1 Full Release of Sanitary Sewer and Water Main Easement 5. Hill's Century Farm North No. 1 Sanitary Sewer and Water Main Easement No. 1 6. Utility Easement for Pressure Reducing Valve 7. Final Plat for Aegean Estates No. 3 (FP-2021-0031) by Engineering Solutions, LLP, Located at 4306 N. McDermott Rd. 8. Final Plat for Oaks North Subdivision No. 10 (FP-2021-0035) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. 9. Approval of Award of Bid and Construction Contract Between City of Meridian and Treasure Valley Drilling, LLC for Well 9B Construction for the Not-to-Exceed Amount of $454,051.00 and Authorize Procurement Manager to Sign Purchase Order for the Not-to-Exceed Amount of $454,051.00 Simison: I didn't know if we were adopting the agenda or -- yeah. Next item is our Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published, for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The Consent Agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Page 6 Meridian City Council Work Session Item#1. June 22,2021 Page 3 of 23 10. Community Development: Fiscal Year 2021 Budget Amendment in the Amount of$35,963.00 for Reclass of Administrative Assistant to Economic Development Business Liaison Simison: So, we will move onto Item 10, which is Department/Commission Reports and first up is our Community Development fiscal year 2021 budget amendment in the amount of 35,963 dollars. I will turn this over to Mr. Arial. Arial: Mr. Mayor, Members of the Council, really excited to be with you right now, particularly with this budget amendment in front of you for your consideration. This represents a big step forward in our economic development program and we are excited for what this means and the service that we can bring now to support our -- our business community. So, with that, just to be brief, this 36,000, roughly, represents the money necessary to elevate our currently approved admin position that is vacant, into a -- reclass it into an economic business liaison position. So, really, the purpose is to start to advance some of our Comprehensive Plan, strategic plan, economic development plan initiatives around supporting our small businesses at a higher level and we are -- we are really excited about adding these services and as you all know, it's been a trying time for our economic development division, a division of one, Tori, especially through COVID and some of those things. But, again, just coming out on top and kept swinging and really moving our -- the economy of our city forward and this is just a great advancement towards our goals in this direction. So, with that I will stand for any questions, Mr. Mayor and Council, and look forward to your thoughts and discussion. Simison: Thank you, Cameron. Council, any questions? Bernt: Much needed. Simison: With that do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt -- or approve Item 10, fiscal year 2021 budget amendment in the amount of 35,963 dollars for reclass of administrative assistant to economic development business liaison. Perreault: Second. Simison: I have a motion and a second to approve the budget amendment. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Page 7 Meridian City Council Work Session Item#1. June 22,2021 Page 4 of 23 Simison: All ayes. Motion carried and the item is agreed to. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. 11. Police Department: Fiscal Year 2021 Budget Amendment in the Amount of $4000.00 for Dairy Days Parade Traffic Control Simison: Next up is Item 11, which is the Police Department Fiscal Year 2021 Budget Amendment in the amount of 4,000 dollars for Dairy Days. Turn this over to Mr. Leslie. Leslie: I think so. Simison: Okay. Leslie: This is what was in front of us a couple of weeks ago when the Dairy Board came in and discussed the issues we were having with traffic control and -- and the additional resources that they are utilizing, instead of volunteers. So, this is to amend our current budget of 5,000 to 9,000. So, we are asking for 4,000 so we can be able to handle the parade and move forward. Simison: Thank you. Council, any questions? Bernt: I don't think now would be the appropriate time to say no. Simison: Okay. Then, with that, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the police department's fiscal year 2021 budget amendment in the amount of 4,000 dollars for Dairy Days parade traffic control. Strader: Second. Simison: I have a motion and a second to approve the budget amendment. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carried and the amendment is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Page 8 Meridian City Council Work Session Item#1. June 22,2021 Page 5 of 23 12. Police Department Report: Proposed Off-Highway Vehicle Ordinance Simison: Our next item up is a police department report regarding proposed off highway vehicle ordinance. Let's turn this over to Officer Frasier. Frasier: Good afternoon, Mr. Mayor, Council Members. Thank you. It's a pleasure to be here this afternoon to further the discussion of the ATV, UTV ordinance the Transportation Commission has been working on now for the better part of a year. When I first brought this issue to the Transportation Commission we were in a little bit different landscape statutorily. There has been some development in this area in the last legislative session at the Idaho State House, but, really, the same question remains and that is what, if anything, is the city going to do differently to address these vehicles on a roadway. The police department sees an uptick in the number of golf carts, ATVs, and UTVs operated upon the roadway. Sometimes this is in blatant violation of the law. Vehicles driven by juveniles that don't have a driver's license, things of that nature. And prior to the last legislative session there were some real gray areas of the law also and our officers had to really take a lot of time to educate the public on those matters. With respect to golf carts we have a city ordinance that prohibits them anywhere except for the Lakeview golf course area and we do see a huge uptick in residents in many other subdivisions -- some of those even that have golf courses now -- riding their golf carts within their subdivision, thinking that they are in compliance with the law or I have been told that the golf cart salesman said that it was legal to operate on the roadway, so it must be. So, it was a time to look at that golf cart ordinance to see if it still reflects the stance of our city as a whole and, then, try to address some of the safety issues and other legal issues that we saw with regard to ATV and UTV operation. Prior to the last legislative session state law already prohibited the usage of ATVs and UTVs on most roads in Meridian. It left open the usage of ATVs and UTVs on local roads and in the last legislative session House Bill 129 changed that. When that statute is effective ATVs would be allowed on all roadways within Idaho, unless a local authority makes an ordinance or some type of ruling otherwise. So, that's the second part of this question is what do we want to do with ATVs and UTVs and what do we want to do with golf carts as a whole as they pertain to quality of life and safety issues within the community. The police department does get complaints from citizens who see ATVs or UTVs or golf carts on the roadway. They call us, because they don't want to see them. They don't think they are legal. We also have a fair number of people who want to be able to operate ATVs and UTVs the same as they would a motor vehicle. We have people who try very hard to come in compliance with every area of the law that they can think of. I have talked to folks that have put DOT certified tires on their UTVs and horns and turn signals and mirrors and all sorts of stuff in a good faith effort to be as legal as they can be on the street and, then, of course, we also talk to people that are scofflaws, essentially, and don't make any attempt to be in compliance with the law. So, it is kind of a big question. When I brought this before the Transportation Commission I was seeking clarity for the police department on what the city wanted to do reference these issues, so that we can tell our officers how we can educate the public on the matter and take enforcement action when necessary. I know Ms. Kane is here. She may have just some discussion for the legal aspect and I will stand for any questions if you have any right now before she speaks, if she is going to. Page 9 Meridian City Council Work Session Item#1. June 22,2021 Page 6 of— Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Officer Frasier, just -- just so that we can provide clarity to those who might be watching and paying attention, can you define the difference between an arterial collector or a local road? Frasier: So, those designations are officially made by the Ada County Highway District. The easiest way to think about it is a local road is a street that goes from a house or a driveway to a bigger more major road, like a collector street. So, if you are talking about a subdivision, the road that feeds into the subdivision that all the main traffic turns into generally would be a collector street. The street that feeds that street would be an arterial or major street, like a Linder, Chinden, Ten Mile -- Chinden is a bad example, because it's a state highway. But you get my point. The local road, essentially, goes off of the arterial street to houses. If you are operating only on -- upon a local roadway you are essentially by default going to stay within the subdivision. We are talking about roads that go to golf cart-- golf courses, other houses, community pools, clubhouses and things of that nature. You would reasonably be unable in almost every case to get out of the subdivision to travel upon a bigger roadway. Bernt: Perfect. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I was thinking along the same lines as -- as Council President Bernt as to whether or not the public would understand the difference and do we clarify that in the ordinance. Do we have some definitions for what highway means? When I first read this it was a little confusing, because, of course, when you say highway you think Interstate; right? Not local roads. So, wondering if -- if -- from a textual standpoint if we can make some more clarification in that ordinance for that. And, then, also is there an element of the vehicle needing to be able to meet the speed limit. So, you know, assuming a golf cart is not going to be able to get up to a certain mile per hour and from a safety standpoint do we differentiate say a UTV and RTV, which is, you know, significantly faster from a golf cart, do we make that kind of separation in the type of vehicle in this or is the -- is the anticipation of the Transportation Committee to lump them all into one and, essentially, make the same ordinance for every type of vehicle? Frasier: I think the Transportation Commission tried to move as efficiently as possible and perhaps there is room for a little bit more clarity on the differences between local, collector, and arterial streets. I know Ms. Kane and I talked about that. We talked about it at a subcommittee level. When you start trying to explain that it almost becomes more complicating than leaving it as is. It's a very difficult thing to describe, other than to refer to Ada County Highway District's master list where you can easily tell what street is a Page 10 Meridian City Council Work Session Item#1. June 22,2021 Page 7 of 23 local, arterial, or collector roadway. I think from an enforcement standpoint we are not going to get deep in the weeds over a citizen's misunderstanding of local versus arterial. If a police officer would have a hard time differentiating, we would certainly expect a community member would be, but as I said earlier, the easiest way to think about it is stay in your subdivision and you are almost always going to be fine. The golf carts speed limit issue, perhaps there is room for discussion there. Golf carts generally don't travel any faster than 15 miles an hour. UTV and ATV obviously they can go a lot faster. However, the speed limit on every local road that I can think of is 25. Fifteen miles an hour in the case of a golf cart doesn't really create a safety hazard there, as it would on a street where the speed limit is 35 or higher. I think out of the spirit of moving efficiently, the Transportation Commission opted to repeal and replace the existing golf cart ordinance and loop ATVs and UTVs in as an effort for clarity even though it does leave a couple things potentially not so clear. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Can you help us understand the -- the fine amount and how that came to be. The 25 dollar fine. What -- what was it prior to this and is that sufficiently -- I mean I personally, you know, wouldn't think that would be that prohibitive for people. I would think a higher fine would and -- then, of course, obviously, the police department's great about giving warnings if it's clear the person -- that the individual did not understand that there was an ordinance. But the second time around I would think that a fine higher than that would -- would make a lot more sense. I'm not sure if there was a specific reason that that fine amount was chosen. Frasier: I would agree that's a fairly low fine, 25 dollars. I'm not sure where that number came from. It may have just been a holdover from the fine of the current golf cart ordinance. But I know there was an effort on behalf of the Transportation Commission, after hearing public input, they didn't want to take actions that would be construed as overly punitive or money making in this endeavor to regulate ATVs or UTVs. I'm also of similar mindset. A higher fine may be in order in a situation where a citation would be warranted. Across the board when we look at similar violations in city ordinance, the fine amounts are not overly high. Parking comes to mind. Texting and driving was a little bit different thing when that ordinance was in play. But it also kind of is in line with the fee schedule for other things at a city ordinance. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Officer Frasier. I will just be really open. I -- I watched the Transportation Commission meetings. I have read all the materials. I'm really struggling on this concept. I'm not convinced there is a huge problem and I'm also concerned that the problem statement that underlies the need for this ordinance is shifting around a little Page 11 Meridian City Council Work Session Item#1. June 22,2021 Page 8 of— bit. In some of the Transportation Commission meetings it was said that Commissioner Smith said that these vehicles are inherently unsafe and that the real issue is people are not following the existing laws, which to me sort of begged the question. Are we not enforcing existing laws and do we have some data behind the number of crashes in Meridian involving UTVs and golf carts that would sort of justify the need for this ordinance. Frasier: Thank you. I do remember that comment in that meeting. One could make an argument that perhaps an ATV or UTV is unsafe. Is it any more unsafe than any other roadworthy vehicle? That's certainly worth discussion and in some cases they are, some cases they are not. We don't -- the -- the purpose that was issued to the Transportation Commission by the police department was at the time, prior to the passage of House Bill 129, the state statute in effect at that time was very difficult to explain to people to make them understand that their actions were unlawful under state code. Really, it took an experienced officer who had to compile multiple pieces of state statute to explain why that activity was not legal and oftentimes people thought it was legal. We didn't issue a lot of citations for that, because it was an educational piece. There is a lot of people who genuinely didn't know it was illegal at the time. With regard to crashes, we don't have a statistical bombshell, if you will, to indicate that we have all these crashes involving ATVs and UTVs. My standpoint was at the time and has been since then that it's more of a quality of life issue regarding people in subdivisions calling and saying my neighbor is riding their UTV up and down the street. I don't like it. Do something about it. At the time there were times when the activity was unlawful, there was times when it wasn't, but having that discussion and having a clear and concise ordinance or direction from the city to point our citizens to and our law enforcement officers, it was difficult to have those discussions. That changed with the passage of HB 129. We are in a different place now. I think the -- what's left is for the city to come to a consensus about how we want to treat these vehicles and make changes to our existing golf cart ordinance. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah, I appreciate what you are saying about, you know, there was a change in state law and so that -- that also to me sort of begged the question of, you know, are -- I don't want to simplify it by saying are we a solution looking for a problem, but it occurred to me that, you know, if under state law it's legal to have these vehicles and specific to Meridian we make it illegal on certain roadways to have these vehicles operating, it just seems like it's creating a little bit of a quagmire, instead of maybe advocating for a solution at the state level. So, I -- I get what you are saying. I guess I'm concerned about legislating about quality of life issues when, in my opinion, just as a layman, when we have motorcycles -- and I think there was a gentleman that testified about this, you know, you can have a Harley going by at any time that's quite loud and so why are we picking on certain vehicles and not others. So, I don't know, I'm just -- I know you are looking for clarity from us, but I guess I'm struggling a little bit. Page 12 Meridian City Council Work Session Item#1. June 22,2021 Page 9 of 23 Perreault: Mr. Mayor? Simison: Just to kind of follow up on that question, officer, can you explain the difference between licensing a motorcycle versus licensing an ATV, UTV? Just leaving golf carts out of it. Just so we understand what is required to drive one of those vehicles differently on our roads. Frasier: Sure. A motorcycle can be registered a couple of different ways, depending on what type of equipment it has on it and the size of the motorcycle. Generally, you know, if we think about Harley's versus an all out dirt bike, an all out dirt bike is not able to be licensed for use upon a road like a Harley would be. However, you can get a restricted use license plate for that dirt bike. That's the same license plate you could get for an ATV or UTV and that is the license plate that falls into the category of off highway vehicle usage, which brings us to this discussion. There are motorcycles out there that might start out as a dirt bike, but you can make changes to them to make them roadworthy and, then, you can get a red and white motorcycle license plate, just like you would for the Harley and, then, you are good to go, same as a Harley. At the state level there is no remedy to be able to buy a red and white license plate for your ATV or UTV and, hence, the lack of clarity at the state level. So, even if you wanted to, the best you could do on an ATV or UTV is to get a restricted use license plate that falls into the category we are talking about and it doesn't openly -- or didn't openly allow you to drive that vehicle on the roadway, the same as you would like a street motorcycle or the Harley. Simison: Thank you. Council Woman Perreault. Perreault: Thank you. And I appreciate that. So, in -- in -- on that subject, if an ordinance is not passed, if we choose to leave it as it is, how does the enforcement work on your side if -- just by -- based on the licensing does it give it -- does it allow you to enforce speed limits and -- you know, my-- my thought is -- and I see -- I am seeing more of these vehicles on the road myself -- is that they tend to -- the same with dirt bikes, they tend to cut around traffic, they drive on the shoulders, they go quickly in subdivisions where there is children playing. There is a variety of behaviors that happen just because it's a smaller size of vehicle and, then, we oftentimes have 16 -- you know, 15, 16 year olds that are driving them. So, I think the type of vehicle does lend to a different driving style and challenge than a regular car or truck would. What can you enforce if there isn't an ordinance? Frasier: So, any motor vehicle on the roadway, the driver of the motor vehicle has to have a valid driver's license. The vehicle has to have some level of registration to operate upon the roadway. A restricted use license plate under Idaho statute -- under the new house bill does allow you to operate it upon the roadway and you have to have liability insurance. If all those things are in place, then, it becomes the same as a car would. You have got to follow the speed limit. You have to signal turns. You have to have -- the amount of equipment you would have to have on it is open for discussion, but at a basic level you need some type of way to signal your turns. You need a brake light. You need a mirror and a horn. If you have all of those things you have to follow the rules of the road, the Page 13 Meridian City Council Work Session Item#1. June 22,2021 Page 10 of— speed limits and all of those things. Essentially, we would be pulling over those vehicles for violations -- the same violations we would be pulling over a car for and we do see those -- we have seen those in history and we take enforcement action at that time. The -- the overarching concept of clarity, since it's come up -- I'm not -- or I should say I will freely admit that we received a bit of clarity since this endeavor began and the clarity that I'm looking for is not necessarily advocating one way or the other what we do as a law enforcement professional who oversees the traffic control -- or the traffic enforcement team for the department, that clarity is telling my team this is what the city wants to do. Whatever the answer is. And, then, we have that answer. I made it very clear to the Transportation Commission I was advocating for an answer at the city level, not necessarily going down one avenue or another. At that time the landscape was much less clear, but that quest for an answer on the concept from the city is the same. Simison: And I will give my unsolicited advice. Trying to educate the community about all those requirements -- when someone sees a UTV going down the road, people are going to say, well, I got one of those, I can go down the road, too. I mean that's -- that's the reality of the situation. If we -- if we -- if we allow them to freely go on arterials and that's -- that's my viewpoint. I think they are going to spend a lot more time trying to educate a lot more people about all the reasons why they can't, as compared to the few who might understand how they can. That's my two cents. Because I think those that really want to do it will follow -- will do what they can to follow the law. There is going to be everyone else who doesn't understand the law at all. They are not going to see the license plate. They are not going to see a thing. They are just going to go hop on the road and drive down the road, in my opinion. I think that's human nature. Bernt: Mr. Major? Simison: Councilman Bernt. Bernt: So, I was down to the Capitol this last legislative session when they were discussing this bill and the gentleman from Donnelly who proposed this legislation had concerns about UTVs and such, you know, in their -- in their small towns up in the mountains and I totally get that and I don't have any problems with the means in which they -- you know, folks who are visiting and live there use UTVs, but I think the reason why the state legislature -- the state legislature decided to give autonomy to locals was because of this reason. I don't think it's appropriate personally to have ATVs or UTVs driving down our roads -- our arterial or collector roads. In fact, I saw two weeks ago an ATV -- a gentleman on an ATV that was on the intersection of Franklin and Locust Grove and it just -- it just -- it just didn't seem right. You know, looking over and seeing this gentleman with -- had no protection, no helmet, is revving up at that intersection right next to the other cars and I don't mind that these UTVs or golf carts are used on local streets. There is a lot of people in our neighborhood that do. I have never seen a problem and I think that it's important to allow these types of uses, especially when there are golf courses in the subdivisions and so I'm in support of-- of this --of this ordinance. We have to do something, because right now I believe this law may go into effect July 1, if it wasn't an emergency type order from the governor. I'm not sure if it's law currently, but if it's not Page 14 Meridian City Council Work Session Item#1. June 22,2021 Page 11 of 23 it will be soon and it's an extreme safety hazard, in my opinion, to see these type of uses on -- on our busy streets. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe just to give us something to chew on, maybe just a little bit of an opposing opinion or different opinion. So, I would think as an owner of an ATV or UTV that safety for yourself would already be a limiting factor of what roads you would go on; right? There is a natural consequence for making a bad decision about it. People can make decisions, like -- right? I mean I -- I could make a decision whether or not to go on a -- on a collector road or an arterial road with a UTV pretty easily by the natural consequences that could happen for me taking a vehicle that is inherently less safe on those roads. But I guess I would just say how would you, you know, compare that to -- to a motorcycle -- and a motorcyclist may not be wearing a helmet and we have bicyclists in the -- in the roadway all the time that may or may not have a helmet. I guess I'm just concerned that it-- maybe it's a comfort level with what we are used to seeing and I might go the other way of, okay, state law takes effect and can we see the data and if we have a huge amount of crashes or a huge amount of data that shows us we have a major problem that I -- then at that point I would lean toward making a change personally. Anyway, that's enough for me. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Sergeant Frasier, I wanted to ask you -- you talked about operating these vehicles within the confines of a subdivision and that -- and that makes sense to keep them with -- within that area, but we are -- I struggle a little bit on that, because of the fact that in our subdivision we have an east-west arterial and there is a street that connects and it's a collector and, then, it goes out and around and connects to a north-south arterial. Well, it's the spine for the subdivision and all these, you know, circular areas are in and out, you know -- you know, a couple of entrances for fire protection, whatnot, but, you know, if you -- if you want to go from this particular area to this particular area, you have to go on that collector and so -- and I don't have an issue with them, because it is within the confines of the -- it's 25 miles an hour. You see people are working on their stuff, they go out and test drive it, go back, but if someone has a real issue with it -- if we say it's prohibited on a collector street and there was a complaint and, then, you have to enforce the law, so I'm like, hum, you know, how to -- but, yet, to do any sort of -- within the subdivision going from their house to the pool, you know, the community pool there, they are -- they are in violation that way. So, it's just trying to find that -- that -- that happy medium, but -- because, you know, people will complain. Most people aren't going to complain about it. Although Sunday we are out on the patio having a Father's Day dinner with my folks and an ATV goes up the collector street going 25 miles hour, but they didn't have much of a muffler on there, if any. I mean it interrupts your conversation and we are a good distance away from that collector street. So, that's a -- that's a whole other issue Page 15 Meridian City Council Work Session Item#1. June 22,2021 Page 12 of— with noise of some of these vehicles that we are seeing out on our streets. But that collector street issue just gives me pause on certain areas. It's part of that subdivision to away that there is no way to get around that, to go anyplace. So,just--just your thoughts on how -- how do you handle enforcement with that. Frasier: Sure. I totally understand that. I know the TC spent some time discussing -- discussing different options. Obviously, the easiest way to enforce that -- or the easiest is to say you can't drive them anywhere. Absent that, anytime you start allowing exceptions to that it becomes very difficult, because there is always something -- as you said -- I understand that completely and there is certainly logic to that statement. You are still in the subdivision, it's still a 25 mile an hour road and the person might not even know it's a collector street anyway. I think in that situation enforcement -- or a police presence in that situation has more to do with education and public service. We are not looking to write a bunch of tickets for this, but it does help address some of the issues that you have -- you have highlighted. The TC discussed having an exception to be able to operate a ATV or UTV within a section mile, which would basically allow you to stay in the arterial box of the subdivision that you live in, but even that was problematic, because what do you tie that to? Do you tie it to the registered owner? Do you tie it to the driver? Do you tie it to whatever house it originated from? So, there is always something. It's very difficult to craft an ordinance that is perfect in every way when you are talking about restricting the use of a vehicle like that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, along those lines, did the Transportation Commission discuss limitation on streets that had a speed limit -- so, could we say they are not permitted on streets that are higher than a 25 an hour-- mile an hour speed limit, does that then -- now we are not talking about definitions of collector and arterial, but we are addressing safety challenges that might be created? Does that also come with an equal amount of difficulties with exceptions? Frasier: I would say that's a lot easier to explain to a citizen and to observe. That was an idea I proposed at the TC. Didn't really go that direction, because it is very clear, if it's 25 and under you can operate on that road. If it's higher, then, you can't. The only other thing that adds with is -- it would open up, you know, streets like Pine in the downtown corridor would be open ATV, UTV usage. Some collector streets would be. Again, that's not a decision I'm endeavoring to make as part of the overall mission for the city to decide what, if anything, the police department --what type of action we should take about these things. Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 16 Meridian City Council Work Session Item#1. June 22,2021 Page 13 of 23 Cavener: Good questions from my -- my colleagues and a lot of what was touched on by the Transportation Commission. Sergeant Frasier, I'm sorry, I was delayed from your presentation. I appreciate you being here and I'm sorry I only caught a portion of it, so if you touched on this, again, my apologies. And I think Council the big question I think that we need to ask ourselves -- and it's what I'm going to ask you, Sergeant Frasier, what is the --what is the problem that we are trying to fix? I recognize we have got some logistical issues as a result of the legislature, but is the intention of -- of this proposed ordinance to solve a -- as Council Member Hoaglun pointed out -- a noise issue or is it really a public safety issue and if it's a public safety issue, which is what I -- what I assume it is, I need some greater clarification about how these UTVs and ATVs pose a greater public health or safety threat than other motorized vehicles that are on our streets. So, can you help me understand that? What's the problem? What's really the problem that we are trying to solve and what do these pose that are different than other vehicles that are registered, licensed and insured as well? Frasier: And that's been a common -- common question or theme is what is the problem. The problem is now two prong. One of them is we have an ordinance that prohibits the usage of golf carts anywhere in the city, except for one square mile, essentially. We have golf carts being driven all over the city. The problem there is what action would the city like to take? Does the city want the police department to write all those people tickets because they are in violation of that ordinance or do we want to change the ordinance as it pertains to golf carts to some degree, because we have more than one golf course -- golf course in the city now and people driving those golf carts to community pools, which weren't really a thing back in 1994 when this ordinance was first written. The problem as it pertains to ATV and UTV usage, again, has changed since the passage of -- passage of HB 129. Whereas before a police officer couldn't effectively explain to a person what was legal and what was not and we had a conglomeration of quality of life issues complaints on both sides of the fence. Citizens who demand we take action against ATV and UTV riders for riding in their subdivision or riding down Eagle Road to get gas or using it the same as a vehicle. We did not have a clear path forward in what the city's expectations were. So, really, part of that is it was time for a revisit of this is what we are seeing, this is what we have been doing, is that what we want to continue to do. If the Council wishes to take no action on the ordinance that is the answer to my question. I can't stress that enough. Because it answers the question for the police department. This is what the city wants us to do about these issues we are seeing. With respect to public safety, I think most people make the argument that an ATV or UTV would be less safe to operate than a car or a pickup truck. As Council Woman Strader brought up, is it any less safe than a motorcyclist without a helmet or a bicyclist? Yes or no. It depends on the situation and you would be hard pressed to find a steadfast reason to take action on an ordinance like this based solely on public safety. I can't point to a list of crashes and say we have people dropping left and right from crashing these vehicles. If we are going off public safety, then, we should probably adopt an ordinance that outlawed cars, because those things are crashing all the time; right? So, it's the conglomeration of many things, with the ultimate question posed to the Council of what do you want the police department to do. Page 17 Meridian City Council Work Session Item#1. June 22,2021 Page —of— Simison: And I don't know if this is you or Emily or -- or somebody else, but what about -- if an accident does occur -- I mean these are unlicensed vehicles, not -- you know, ATV. They are not -- they are not licensed, they are not registered. Do they carry insurance? Frasier: They can. Simison: I mean that's -- is that -- are those requirements -- again, those are some of the underlying things what -- what would occur in an accident from that standpoint. Even the expectations if we do nothing. We say -- we have no -- no requirements, we just let everyone go, accident occurs, what is the -- you know, if I get hit or I hit somebody, what's the recourse? All the property insurance? Frasier: We would treat that ATV or UTV in that hypothetical, the same as a car. You have to have some level of registration. Under HB 129 a restricted use license plate would allow you to operate in that situation. You would have to have liability insurance and the operator would have to have a driver's license. So long as all that is -- is in effect in a crash it's essentially no different than a car. Simison: So, you can get -- you can get insurance through -- for that for roadways? Frasier: Yeah. Simison: Any -- any other way. I guess I go back to my question. I think -- I think -- people -- I don't think the public is going to know the difference. So, that's really what we are coming -- if the people are not aware of how to make it legal and you get into an accident, what -- what -- what, then, occurs? Is it just like an unlicensed driver situation where it now falls upon me to deal with the ramifications of that because they didn't have insurance? Frasier: Yeah. Assuming the crash was deemed to be the fault of the ATV or UTV it would be a civil issue. The person would get a ticket for not having insurance, then, anything else would apply the same as a car. And in my experience it's a split bag. There is a lot of folks out there, myself included, I have a UTV, it's got full insurance, it's registered, I'm a licensed driver. There is just as many more people in my experience that have none of those things, but they still expect the same level of legality simply by getting a restricted use plate. So, you can't use a big brushstroke and label everybody the same, because there is a lot of people out there doing all of those things in as much as they can. They have turned their UTV into -- as close to a car as they can get it and, then, there is people that make no attempt at all. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 18 Meridian City Council Work Session Item#1. June 22,2021 Page 15 of 23 Perreault: Just -- I want to make sure I'm understanding for clarification. So, currently the UTVs, ATVs are required to be licensed and carry insurance or they are not? Frasier: They are not if they are not operated on a qualifying roadway. Perreault: Okay. Frasier: So, if you want to operate it on a street in your subdivision you would have to have all those things. If you are riding it on private property or some locations of BLM land, you know, forest service roads do require at least a restricted license plate. There are some provisions there. But there are situations where it is legal to operate a UTV without registration, insurance, or driver's license. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I mean would an education campaign on existing law possibly solve some of the problem; right? I mean if you want to operate your UTV or ATV in the roadway, it sounds like you have to have a driver's license. The vehicle needs to be insured and you have to follow the exact same laws as everybody else. So, I guess I'm just wondering if -- if an education campaign, you know, on -- on that topic and enforcing existing law helps get us part of the way there. And, then, I guess separately it does sound like we have to make some sort of a change to our golf cart ordinance, just because we have golf carts and it's not updated at all. I guess I'm just wondering if -- if enforcing existing law -- and maybe the state law changing just makes it much more clear that these are -- these are the guidelines. If a 16 year old crashes an unlicensed UTV that's in violation of the law; right? Frasier: Right. I think an educational campaign does get you part of the way there, assuming the City Council as a whole decides no action is taken and they want to rely on what is or will be state law under HB 129. It does leave the golf cart issue as you stated, though. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I think one the things that I keep hearing all of you that -- and I can understand this from a lay person's perspective, like my own, it's really the public's understanding of what they can or cannot do. Now, would it make more sense, Sergeant Frasier, to either -- prohibit them on an arterial, because that's clearly by far the most dangerous place to have these types of vehicles or could be the most dangerous for them, like a Fairview, Eagle Road, like that. So, arterial, state highways, or on -- on any road that has more than two lanes of travel, because if you have -- you know, then -- then I can understand that. If I'm a person, I read the ordinance and it says Page 19 Meridian City Council Work Session Item#1. June 22,2021 Page 16 of 23 any road that's either -- if there is a -- if there is a delineation by speed limit, so if it -- if it has a speed limit above 25, that is normally on a collector, not on a neighbor -- or local street, or it has more than two lanes of travel, maybe excluding the turn lane, so you are going to have some streets -- like I can think of -- like in Council Member Hoaglun's subdivision area, they are pretty wide streets, they are not striped. So, there are really only two lanes of travel like that. But that might be easier. Would that get the police a comfort level, because, then, driving that -- like through Bridgetower, crossing that -- that main roadway or driving on the edge of that main roadway to the pool isn't the problem that you are trying to address anyway, it's the more -- if they were to get on Ten Mile or they are going out on Linder or something like that where there is a lot more traffic and a lot more higher speed, would that maybe get closer to addressing the issue from the police perspective? Frasier: There is a lot of things that are within the comfort level of the police department. Really a lot of them have been talked about that that is an option. That comes with some technicalities, you know, can -- if you can only operate it on roads with no more than two lanes, well, can you cross a road that has more than two lanes on it to get to another road and -- and those things. That was not the option the TC moved forward on. I really can't speak any further than that. Wouldn't want to over -- over speak for the Transportation Commission, but, really, you know, what I'm hearing is differing testimony from the Council Members, those who don't want ATVs and UTVs on arterials and collectors and those that don't see a problem with it, that is the ultimate question and it's not for me to decide. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question. I don't know if this is for you, Bill, or for Emily. About -- I do want to be consistent, make it easy for everyone involved, and so to go back to that 25 mile an hour speed zone, 25 mile an hour or below, is that something from a legal perspective that is easier to enforce? I mean it's more understandable for the citizens. It's -- it's, you know, Sergeant Frasier and his team that he supervises, okay, here is -- here is what it is and I -- I don't know, I would like your thoughts on some of the things that we are -- you can even expand a little bit upon that, so -- Kane: Mr. Mayor, Council Member Hoaglun, that is a possibility. Just to do -- delineate by speed limit or road type or road description, all of those are within your purview to do that. As far as enforcement, I think it is just a matter of educating and there is a pretty well established community we have learned and so, you know, it's -- I wouldn't say it's easy to get the word out, but the word does travel. So, that is a possibility. Simison: And maybe even throw in one other option that was -- come up at some point in time in conversations is you could lower the speed limit to 20 miles per hour throughout the city and other areas to, again, make it more -- to make it safer for all these vehicles in subdivisions, which is the speed limit that Nampa has and Boise has. So, it's not, you know, completely out there. Page 20 Meridian City Council Work Session Item#1. June 22,2021 Page 17 of 23 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: When licenses are issued does the county -- does DMV provide those individuals with any kind of written information on what city ordinance would be in the area that they live in? So, are they obligated to sign any kind of, you know, disclosure that says you live in Meridian, therefore, you know, here is the rules that need to be followed? Is -- I mean do they do that or is that -- I would imagine that if they were trying to enforce that for every city in Ada county it would be complicated, but is there any way to know when those get registered and at least send them some information if we are talking about an educational campaign, so that they have that available? Kane: Mr. Mayor, Council Woman Perreault, the Idaho Department of Parks and Recreation is the -- probably the agency that's most plugged into ATVs, UTVs, and other off highway vehicles. The state statute that will go into effect in July requires that they be -- that that department be incorporated or notified of a city ordinance that's under consideration restricting or regulating OHVs. So, that might be a better option for helping get the word out than DMV, because I don't believe that the DMV does provide any information or testing on local municipal regulations. Perreault: Mr. Mayor, is this a situation where we would send this back to the Transportation Commission for more conversation based on what we have talked about today or is this a scenario where the decision should be made during this work session? Simison: I don't think that we are to a decision point necessarily. I think the question is is there further dialogue or an actual ordinance that we would bring forward for consideration. From what my understanding is I think the Transportation Commission has discussed this enough that they are -- it's time for Council to determine whether or not this is -- what's an appropriate direction or not, would be my viewpoint from what I have heard. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I have -- I have went around the horn on this issue from a spot of get them all off the roads to put them all on the roads and somewhere in between. I do think, though, that it's probably beneficial, because the amount of work that the Transportation Commission has put into this, it is a hot topic of conversation in our community to at least have a -- a public hearing. I don't know if we want to have a public hearing on this proposed ordinance or if there is some Council Members that would want to make some requested modifications beforehand. I'm certainly supportive of hearing from our community, particularly those that are UTV drivers and understanding the nuance. I think what the Transportation Commission started -- I thought of just three wheelers, four wheelers and occasional side by side and learning about all the differences that are out Page 21 Meridian City Council Work Session Item#1. June 22,2021 Page ——— there has been enlightening for me and it does make it more challenging to contextualize what is and what isn't a UTV and how it differentiates between a motorcycle or a trike or these -- I was looking at these cool sidewinders that Polaris makes. I mean it can be confusing. So, getting some added information from those that are owners and drivers of these vehicles I think would be helpful for us as we make a decision, if any. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I agree with Councilman Cavener. I think they are getting the public -- getting public testimony would be important just to know what they have to say about it beforehand. I think it would be -- it probably would make more sense to come up with a draft. It would make sense to come up with something that we can present to the public for them to be able to have an opinion on. I think that would be -- it would keep us more focused. That would be my recommendation. Come up with something that we can present and, then, have debate. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for the Council President. Are you comfortable with at least putting out the draft that staff has put forth as presented or did you -- are there changes or tweaks that you would want to make before you put it out there? First, I'm comfortable putting out the draft that staff has put out. We may make changes after the public feedback, but unless anyone's feeling really passionately that we have got to make this change right here right now -- Simison: I would make a suggestion that -- I like the conversation. We did the same for the scooters. You know, people understand speed limits. I don't understand -- I can't -- I'm trying to think if the road on my street is a collector or not into Tuscany. I think it is. But I'm not positive. That to -- either being more definitive on arterial or a speed limit, I think it helps clarify and so I would defer to maybe at the speed limit conversation for the draft, if people would be open to that for the consideration, as compared to arterial and collector definitions. Cavener: Mr. Mayor? Sorry. Simison: Councilman Cavener. Cavener: Mr. Mayor, I think the conversation about speed limits is a -- is a separate issue. For the benefit of the Council that was also a topic that the transportation considered and they were not supportive of making any changes to the speed limits at this time. Page 22 Meridian City Council Work Session Item#1. June 22,2021 Page 19 of 23 Simison: I wasn't suggesting changing the speed limits. I was saying we have got to define where they can be ridden. Hoaglun: Mr. Mayor? Simison: Because it clarifies for the most part -- the only -- I think Pine and Main are the only two collector roadways that I'm aware of that are near arterials that have the 25 mile per hour speed limit posted. Everything else is 35 or higher, so -- Councilman Hoaglun. Hoaglun: Mr. Mayor. Yeah. I think it would still be a draft. It can always be changed. But I think doing it with a speed limit of, you know, no person shall operate an ATV on a street with a speed limit greater than 25 miles per hour, just says, okay, these are the streets -- and we can always add in -- except for, you know, designate Pine -- yeah, Pine and Main and those as off limits as well, if we feel the need to, but I just think having the speed limit designation makes it easier. It sounds like from the beginning it was just difficult for officers to explain or difficult for people who understand it. So, I'm just trying to find ways that we can say, okay, it's very simple and -- and -- and the sergeant has laid them out, you know, being licensed, liability, restricted license plate and you're operating at a speed -- a street that's 25 miles hour-- 25 miles an hour or less, so -- and, then, there might be more things that come out of it, but, again, it's a draft, but if that's something, Sergeant Frasier, you're comfortable with -- I mean I'm comfortable with moving forward and, then, getting the feedback from -- from our citizens saying, yea, nay, tweak this, tweak that and get that feedback, but your -- your thoughts, sergeant? Frasier: Yes. Thank you. I'm comfortable with that. It was an idea I proposed and it's an answer to the greater question is what is the city's stance on the issue. Or would like to do about it, if that's what the city as a whole decides. I'm comfortable with that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Ms. Kane, thoughts? Kane: Mr. Mayor, Council Member Bernt, that is easy enough. Would the Council like that draft to come back for review and, then, set the matter for public hearing orjust rewrite and set the matter for public hearing? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I would be satisfied with just receiving an e-mail copy prior to a public hearing. I don't know if the Council -- fellow Council Members have thoughts on that, but -- Strader: Mr. Mayor? Page 23 Meridian City Council Work Session Item#1. June 22,2021 Page 20 of 23 Simison: Council Woman Strader. Strader: I think that leaves a significant lack of clarity regarding golf carts, which it seems like we have a flawed ordinance now. I'm not supportive right now moving forward, unless we have some data that justifies a public safety reason for moving forward, which I have not seen. I still think it's an improvement to have a speed limit -- I think if we are going to do it it's an improvement to have it done by speed limit and not by a definition of a type of roadway. I would encourage us to include golf carts in the speed -- within the allowed alternative vehicles. I see a lot of people in golf carts in my neighborhood. It's never been an issue. Any issue I have seen has already been illegal under existing law. So, that's what my struggle is still. So, I'm not supportive of moving forward with an ordinance right now, but I would say if you do want to do it, that's totally cool, but I would just make sure you address the golf cart question. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And as I read through the draft -- and you might make sure I completely understand. Under the definitions of off highway vehicle it included -- shall be defined as all-terrain vehicles, which are ATVs, motorbikes, specialty off highway vehicles and that was a golf cart for that definition there and, then, any UTVs or utility type vehicles. Is that correct? So, golf carts would be included as an OHV, as would be defined in -- as defined in this ordinance; correct? Kane: Mr. Mayor, Council Member Hoaglun, yes, that is correct. Hoaglun: Okay. Kane: The state statute defines OHVs as specialty off highway vehicles, ATVs, UTVs, and motorbikes. But our city code as drafted doesn't include motorbikes. That's not an issue we are seeing at all. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Ms. Kane, if you might expound on motorbikes, because I did see something last night for the first time that -- it was a little more than an electric bicycle and it was going quite fast, but when I looked and it went past and there was no license on it whatsoever and two people and -- it was really beefed up. So, is that a motorbike or what are we talking when you say motorbike now? Kane: Mr. Mayor, Council Member Hoaglun, there is a distinction between an electric bike and a motorbike and a moped and a motorcycle. So, who knows. It's there. It's all kinds of new gadgets out there and for the most part the state code covers them and Page 24 Meridian City Council Work Session Item#1. June 22,2021 Page 21 of— makes some distinctions, but I think there are some things on the road that defy definition by the state code. Simison: And, you know, I think where I have navigated to in this conversation, at least right now by most of the conversations, if you can license it and register it and have a license and insurance and have a licensed driver on it, that's one thing. If you can't it's a different thing, you know, from where and how -- but it's -- still it's a huge -- it's -- I don't know how long it's taken in this world for people to understand that you can't -- I refer to the CR80 -- Honda CR80s that they were not street legal, but it probably took me until I was 15 to understand that different concept between seeing XR 250 and a CR80, why one could go down the road with knobby tires and why the other couldn't for a kid and I think we got to remember, it's our kids who are driving these things. With or without parental knowledge or with or without parental supervision, that's -- that's who I see driving all of these. I don't see adults, you know, from a practical standpoint. So, what makes sense and we just want to make sure that they are -- if they are going to be on them that they understand where they can and can't and will they understand the difference when they see someone driving down the road, you know, down -- that to me is that educational component that I don't know if they will understand until what point in time -- oh, that has a mirror and a horn. Who notices that? Like, oh, they went to the store, I can go to the store. Just driving in the subdivision, it's just down the street, so -- Bernt: Mr. Mayor? Simison: Councilman Bernt. I would be okay with having you bring back a revised document specifying what we spoke about tonight and just having -- Perreault: Mr. Mayor, as part of that revision can we discuss if Council is in agreement with the current fine amount or if there is any interest in increasing it? I have an interest in increasing it. I think it will be more prohibitive, but I'm curious to hear what my fellow Council Members have to say. Simison: Councilman Cavener. Cavener: Mayor, thanks. So, I think I'm in a similar boat to Council Member Strader. I -- the Mayor has got a good point. It's licensed, registered, insured -- I don't know if we need to classify this as something special, but I guess I would suggest if the topic of increasing the fine is something Council is supportive of, let's -- let's present as close to what the Transportation Commission has worked on to the public and, then, after we have taken that public feedback if we want to make those changes, I think that makes sense, unless PD has a recommended fine. I don't know what the fine structure is for you guys when you are citing people for excessive speed or a seatbelt, inattentive driving. So, I wouldn't -- I would hate for us to start wading into unilaterally picking out what that fine should be without further guidance from PD. Simison: Personally, you know, I'm not a police officer, but I view the fines as educational opportunities, rather than a deterrent to behavior. Sometimes they are, but in this case I Page 25 Meridian City Council Work Session Item#1. June 22,2021 Page 22 of 23 don't -- I don't know that it would deter. You know, if you are not getting points on your license, if you are not being -- I don't know. Maybe it will be, though. If it's high enough it probably would be, but -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: And I'm just thinking about myself as a youth and I'm 17 years old and I want to get somewhere and all I'm going to possibly risk is a 25 dollar fine, who cares. Kane: Mr. Mayor, Council Member Perreault, it's -- actually with court costs it's closer to 85. It's 83.50 if court costs are 58.50. So, it would significantly increase with the court costs, if that matters. Simison: Any direction? Kane: Mr. Mayor, just to make sure I understood, Council President Bernt's direction, we come back with a draft and, then, move forward or update the draft and go forward with a public hearing? Simison: If the draft is sent electronically to Council, and, then, schedule for a public hearing on the topic. So, we want a regular public hearing, just a work session topic. Yeah. Kane: Okay. There needs to be a 30 day comment period and the Idaho Parks and Rec Department needs to be notified, so that Council can consider their comments, if any. So, it needs to be at least 30 days out. Simison: Take your time. All right. Thirty days. Whatever. Okay. Thank you. Council, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Hoaglun: Second the motion. Simison: Motion and a 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. MEETING ADJOURNED AT 5.41 P.M. Page 26 Meridian City Council Work Session Item#1. June 22,2021 Page 23 of 23 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7 / 6 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 27 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 8, 2021 City Council Work Session Page 3 Meridian City Council Work Session Item#1. June 8,2021 Page 38 of 38 Borton: Second. Simison: Motion and second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 22 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 41 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 15, 2021 City Council Special Meeting Page 42 Meridian City Council Special Meeting Item#2. June 15,2021 Page 8 of 8 MOTION CARRIED: ALLAYES. Hoaglun: Mr. President, I move we adjourn. Strader: I will second the motion. Bernt: I have a motion and a second to adjourn. All those in favor say aye. Meeting is adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:38 P. M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 22 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 50 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Dovetail Subdivision Sanitary Sewer and Water Main Easement No. 1 Page 51 ADA COUNTY RECORDER Phil McGrane 2021-097258 BOISE IDAHO Pgs=8 CHE FOWLER 06/25/2021 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Dovetail Subdivision Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this22ndday of June 2021 between Pine QOZB,LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of.-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: — 6CL Casey Lynch STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (0 3 21 (date) by C-(,5--� L-tn,-vh (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Pine OOZB,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Wo (type of authority such as officer or trustee) (stamp) MARGARET HUNT N to Signature Notary Public-State of IdahoLA Z OZ�j Commission Number 20192069 My Commission Expires: D My Commission Expires Oct 4, 2025 Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-22-2021 Attest by Chris Johnson, City Clerk 6-22-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 6-22-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 DIAMOND LAND SURVEYING EXHIBIT A Sanitary Sewer and Water Main Easement#1 Description A sanitary sewer and water main easement situated in a portion of Lot 2,3, 4 and 7 of Pleasant Valley Subdivision, according to the Official Plat thereof,filed in Book 12 of Plats at Page 665, Records of Ada County, Idaho, and being in the Northwest quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Beginning at a point North 00°30'07" East 1078.02 feet along the East Section line of the Northwest quarter and North 89°29'53"West 37.59 feet from the West quarter corner of Section 8 to the POINT OF BEGINNING and running; Thence North 89°29'53"West 158.27 feet; Thence North 0°07'19" East 20.00 feet; Thence South 89°29'53" East 138.40 feet; Thence North 0°30'07" East 40.70 feet; Thence North 89°29'53"West 34.91 feet; Thence North 0°30'07" East 10.00 feet; Thence South 89°29'53" East 34.91 feet; Thence North 0°30'07" East 47.11 feet; Thence North 89°29'53"West 34.91 feet; Thence North 0°30'07" East 10.00 feet; Thence South 89°29'53" East 34.91 feet; Thence North 0°30'07" East 5.71 feet,- Thence North 89°29'53"West 14.91 feet; Thence North 0°30'07" East 20.00 feet; Thence South 89°29'53" East 14.91 feet; Thence North 0°30'07" East 177.24 feet; Thence North 89°29'53"West 34.91 feet; Thence North 0°30'07" East 10.00 feet; Thence South 89°29'53" East 34.91 feet; nate@diamondlandsurveying.com I office 801.266.5099 fax 801.266.5032 5243 Greenpine Dr.,Murray, UT 84123 DIAMOND LAND SURVEYING Thence North 0°30'07" East 24.65 feet; Thence North 89°29'53"West 20.00 feet; Thence North 0°30'07" East 17.78 feet; Thence North 89°29'53"West 241.10 feet; Thence North 0°30'07" East 20.00 feet; Thence South 89°29'53" East 59.94 feet; Thence North 0°30'07" East 74.20 feet; Thence North 89°59'53"West 28.00 feet; Thence North 0°30'07" East 10.00 feet; Thence South 89°29'53" East 28.00 feet; Thence North 0°30'23" East 152.52 feet; Thence North 89°29'37"West 28.00 feet; Thence North 0°30'23" East 10.00 feet; Thence South 89°29'37" East 28.00 feet; Thence North 0°30'07" East 85.19 feet; Thence North 89°59'53"West 13.97 feet; Thence North 0°30'07" East 20.00 feet; Thence South 89°29'53" East 13.97 feet; Thence North 0°30'07" East 48.12 feet; Thence North 89°29'53"West 28.00 feet; Thence North 0°30'07" East 10.00 feet; Thence South 89°29'53" East 28.00 feet; Thence North 0°30'23" East 60.26 feet; Thence North 89°29'37"West 206.64 feet; Thence North 81°56'41"West 42.74 feet; Thence South 08°03'19" West 14.69 feet; nate@diamondlandsurveying.com I office 801.266.5099 fax 801.266.5032 5243 Greenpine Dr.,Murray, UT 84123 DIAMOND LAND SURVEYING Thence North 81°56'41"West 20.00 feet; Thence North 08°03'19" East 14.69 feet; Thence North 81°56'41"West 46.97 feet; Thence South 08°03'19" West 30.00 feet; Thence North 81°56'41"West 10.00 feet; Thence North 08°03'19" East 30.00 feet; Thence North 81°56'41"West 58.26 feet; Thence North 08°01'07" East 30.00 feet; Thence South 81°56'41" East 63.73 feet; Thence North 08°03'19" East 19.03 feet; Thence South 81°56'41" East 10.00 feet; Thence South 08°03'19" West 19.03 feet; Thence South 81°56'41" East 102.29 feet; Thence South 89°29'37" East 50.01 feet; Thence North 0°30'23" East 30.00 feet; Thence South 89°29'37" East 10.00 feet; Thence South 0°30'23" West 30.00 feet; Thence South 89°29'37" East 46.78 feet; Thence North 0°30'23" East 15.70 feet; Thence South 89°29'37" East 20.00 feet; Thence South 0°30'23" West 15.70 feet; Thence South 89°29'37" East 86.53 feet; Thence North 0°30'23" East 30.00 feet; Thence South 89°29'37" East 10.00 feet; Thence South 0°30'23" West 30.00 feet; Thence South 89°29'37" East 11.34 feet; nate@diamondlandsurveying.com I office 801.266.5099 fax 801.266.5032 5243 Greenpine Dr.,Murray, UT 84123 DIAMOND LAND SURVEYING Thence South 0°30'23" West 385.48 feet; Thence South 89°29'37" East 7.00 feet; Thence South 0°30'23" West 20.00 feet; Thence North 89°29'37"West 7.00 feet; Thence South 0°30'23" West 94.80 feet; Thence South 89°29'53" East 171.25 feet; Thence North 0°28'41" East 21.23 feet; Thence South 89°59'03" East 20.00 feet; Thence South 0°30'47" West 424.59 feet to the point of beginning. NL LAND Cli '0, l,ENS e O6/3/2021 w 17793 X Ty"N B. nate@diamondlandsurveying.com I office 801.266.5099 1 fax 801.266.5032 5243 Greenpine Dr.,Murray, UT 84123 Sanitary Sewer and Water Main Easement #1 Description Sanitary Sewer and Water Main Easement #1 Description A Sanitary Sewer and Water Main situated in a portion of Lot Thence North 89°59'53" West 13.97 feet; 2,3, 4 and 7 of Pleasant Valley Subdivision, according to the Thence North 0°30'07" East 20.00 feet; Official Plat thereof, filed in Book 12 of Plats at Page 665, Thence South 89°29'53" East 13.97 feet; Records of Ada County, Idaho, and being in the Northwest quarter Thence North 0°30'07" East 48.12 feet; of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described Thence North 89`29'53" West 28.00 feet; as follows: Thence North 0°30'07" East 10.00 feet; Beginning at a point North 00°30'07" East 1078.02 feet along Thence South 89°29'53" East 28.00 feet; the East Section line of the Northwest quarter and North 89°29'53" Thence North 0°30'23" East 60.26 feet; West 37.59 feet from the West quarter corner of Section 8 to the Thence North 89`29'37" West 206.64 feet; POINT OF BEGINNING and running; Thence North 81°56'41 " West 42.74 feet; Thence North 89°29'53" West 158.27 feet; Thence South 08°03'19" West 14.69 feet; Thence North 0`07'19" East 20.00 feet; Thence North 81°56'41 " West 20.00 feet; Thence South 89°29'53" East 138.40 feet; Thence North 08`03'19" East 14.69 feet; Thence North 0°30'07" East 40.70 feet; Thence North 81°56'41 " West 46.97 feet; Thence North 89°29'53" West 34.91 feet; Thence South 08`03'19" West 30.00 feet; Thence North 0°30'07" East 10.00 feet; Thence North 81°56'41 " West 10.00 feet; Thence South 89°29'53" East 34.91 feet; Thence North 08*03'19" East 30.00 feet; Thence North 0`30'07" East 47.11 feet; Thence North 81°56'41 " West 58.26 feet; Thence North 89°29'53" West 34.91 feet; Thence North 08`01'07" East 30.00 feet; Thence North 0°30'07" East 10.00 feet; Thence South 81`56'41 " East 63.73 feet; Thence South 89°29'53" East 34.91 feet; Thence North 08*03'19" East 19.03 feet; Thence North 0`30'07" East 5.71 feet; Thence South 81`56'41 " East 10.00 feet; Thence North 89°29'53" West 14.91 feet; Thence South 08`03'19" West 19.03 feet; Thence North 0°30'07" East 20.00 feet; Thence South 81°56'41 " East 102.29 feet; Thence South 89°29'53" East 14.91 feet; Thence South 89°29'37" East 50.01 feet; Thence North 0`30'07" East 177.24 feet; Thence North 0°30'23" East 30.00 feet; Thence North 89°29'53" West 34.91 feet; Thence South 89°29'37" East 10.00 feet; Thence North 0`30'07" East 10.00 feet; Thence South 0°30'23" West 30.00 feet; �Npl.LANDS, Thence South 89°29'53" East 34.91 feet; Thence South 89`29'37" East 46.78 feet; ���\ �\GENSFO GAG Thence North 0°30'07" East 24.65 feet; Thence North 0°30'23" East 15.70 feet; 6/2/21 �< Thence North 89°29 53 West 20.00 feet; Thence South 89°29 37" East 20.00 feet; 17793 � Thence North 0`30'07" East 17.78 feet; Thence South 0°30'23" West 15.70 feet; Thence North 89°29'53" West 241.10 feet; Thence South 89`29'37" East 86.53 feet; OF Thence North 0°30'07" East 20.00 feet; Thence North 0°30'23" East 30.00 feet; ryAN 13 Thence South 89°29'53" East 59.94 feet; Thence South 89°29'37" East 10.00 feet; Thence North 0`30'07" East 74.20 feet; Thence South 0°30'23" West 30.00 feet; Thence North 89°59'53" West 28.00 feet; Thence South 89`29'37" East 11.34 feet; Thence North 0°30'07" East 10.00 feet; Thence South 0°30'23" West 385.48 feet; Thence South 89°29'53" East 28.00 feet; Thence South 89`29'37" East 7.00 feet; Thence North 0°30'23" East 152.52 feet; Thence South 0°30'23" West 20.00 feet; EXHIBIT B Thence North 89°29'37" West 28.00 feet; Thence North 89°29'37" West 7.00 feet; SANITARY SEWER AND WATER Thence North 0`30'23" East 10.00 feet; Thence South 0°30'23" West 94.80 feet; MAIN EASEMENT EXHIBIT Thence South 89°29'37" East 28.00 feet; Thence South 89`29'53" East 171.25 feet; Thence North 0°30'07" East 85.19 feet; Thence North 0°28'41 " East 21.23 feet; 6891 S. 700 W. STE. 150 Thence South 89°59'03" East 20.00 feet; MIDVALE, LIT 84070 Thence South 0°30'47" West 424.59 feet to the point of office@diamondlandsurveying.com beginning. Phone (801)266-5099 LOT 1 GEMSTONE CENTER N0. 3 BOOK 78 5 $ PAGE 8310 8 8 5 N 0.30'07" E 1078.02' NORTH QUARTER N 030'07" E 24.65' s 89'29'53" E 37.59'-� CENTER OF$ 8 CORNER -- --- s 0-30'47" W 424.59' ------_ CORNER _ SECTION $, S 89'59'03" E 20.00' POINT OF BEGINNING SECTION 8, r� _ _L8 L9 r- T3N, R1 E, I I N 0'30 07'�E 177.24� _ r L5 I L1 I� SANITARY SEWER T3N, R1 E, BOISE MERIDIAN LOT 1 N 0628'41" E 21.23' I ��N 89'29'53" W 34.91' L12�L11 I I� J 1 J I 1� AND WATER MAIN BOISE MERIDIAN PLEASANT VALLEY SUB. NI i S 8929'53" E .00' uo � 13 �2 p: EASEMENT #1 N 0'30'07" E 10.00' � 13 BOOK 12 PAGE 665 l I N 89'29'S3" W 20.00' W w M Io N 0.30'07" E 17.78' NI 1 r �I N I V 21 IZ N 89629'37" W.I 1 3 .00' I S 89'29'37" E 11.34' S 0630'23" W 60.26' S 0630'23" W 20 1 r7 S 89'29'37" E 7.00' S 00'30'23' W I Ian S 0630'23" W 30.00' -- --- S 0'30'23_W 385.48- ------- --94.80' 1N N 0'07'19" E 20.00' J S 89629'37" E 10.00'--L T �N 0.30'23" E 48.12' I00 N O'30'23" E 30.00' 1 r- J- r---_----- --- z LOT 2 T I I L24� ' �2L22 L�L20 085..1193Ll 8� �L16 N 00 2 52' E L15� �074 20' El I PLE �'�"I E 86.53'� I �L23 VALLEY SUB. I I L,7 �L14 J S 0630'23" W 15.70' J o S 89.29'53" S 89629'37" E 20.00'�� 1 59.94 S O'30'07" W 20.00' I� N 0'30'23" E 15.70'� Line Table Line Table�1 S 89.29'37" E 46.78'---j I"' Line # Length Direction Line # Length Direction S 0.30 23 W 30.00 1 o L1 40.70' N 00°30'07" E L12 14.91' S 89°29'53" E S 89'29'37" E 10.00'J- r IZ N 0'30'23" E 30.00'J7 I 1 L2 34.91' N 89°29'53" W L13 28.00' N 89°29'37" W S 89'29'37" E 50.01'---I 1 L3 10.00' N 00°30'07" E L14 10.00' N 00°30'23" E FUTURE LOT 2 LOT 3 0l INN 81'Ss'41" W 42.74' DOVETAIL SUBDIVISION L4 34.91' S 89°29'53" E L15 28.00' S 89°29'37" E Np,1.lANps PLEASANT 1 S 8'03'19" W 14.69' L5 47.11' N 00°30'07" E L16 28.00' N 89°29'37" W '�GENSEO G'p VALLEY SUB. W� -1 cam`'' `' L v1 J`-N 81656'41" W 20.00' L6 34.91' N 89°29'53" W L17 10.00' N 00°30'23" E 04 6/2/21 �O S 8'03'19" W 19.03' zo i N 8'03'19" E 149' 17793 N S 81'56'41" E 10.00'� CO �N 81'56'41" w 46.s.s7' L7 10.00' 00°30'07" E L18 28.00' S 89°29'37" E a /__/-s 8'03'19" w 30.00' L8 34.91' S 89°29'53" E L19 13.97' N 89*36'21" W N 8'03'19" E 19.03' r N 81656'41" w 10.00 or- 1 N 8.03'19" E 30.00' L9 5.71' N 00°30'07" E L20 20.00' N 00°30'23" E I IAIV g S 81656'41" E 63.73' I 1 `N 81'56'41" W 58.26' L10 14.91' N 89°29'53" W L21 13.97' S 89*36'21" E N 8'01'07" L11 20.00' N 00°30'07" E L22 28.00' N 89°29'37" W WEBg W4y EXHIBIT B SANITARY SEWER AND WATER N T - MAIN EASEMENT EXHIBIT 6891 S. 700 W. STE. 150 MIDVALE, UT 84070 office@diamondlandsurveying.com Phone (801)266-5099 SCALE 1"=100' 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North No. 1 Full Release of Sanitary Sewer and Water Main Easement Page 67 Item#4. ADA COUNTY RECORDER Phil McGrane 2021-096839 BOISE IDAHO Pgs=1 BONNIE OBERBILLIG 06/24/2021 01:21 PM CITY OF MERIDIAN, IDAHO NO FEE FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easement GRANTEE:CITY OF MERIDIAN GRANTOR: Century Farm Storaqe LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated Mav 11 , 2021 and recorded as Instrument Number 2021-075093 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 22nd day of June ,2021 CITY OF MERIDIAN J �y Ro ert E. Simison, ayor 6-2 - 0 1 E IR . lAl` ££D AH OHO FAI.es ,, w tte y Chris Johnson,City Clerk r`. By Adrienne Weatherly, Deputy City Clerk STATE OF IDAHO, ) . SS. County of Ada ) This record was acknowledged before me on 6-22-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. GHARLEN' E WAY Notary Signature COMMISSION#67390 My Commission Expires: 3-28-2022 NOTARY PUBLIC STATE OF IDAHO MY C6MMtsstoN EXPIRES 3/28122 Page� Version 01 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North No. 1 Sanitary Sewer and Water Main Easement No. 1 Page 69 ADA COUNTY RECORDER Phil McGrane 2021-096838 BOISE IDAHO Pgs=15 BONNIE OBERBILLIG 06/24/2021 01:21 PM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Hill's Century Farm North#1 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 22ndday of Tune 2021 between Brighton Development Inc., DWT Investments LLC, Watson Land Holdings LLC and Century Farm Storage LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 ADA COUNTY RECORDER Phil McGrane 2021-096846 BOISE IDAHO Pgs=15 BONNIE OBERBILLIG 06/24/2021 01:24 PM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Hill's Century Farm North #1 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this22ndday of June 2021 between Brighton Development Inc., DWT Investments LLC, Watson Land Holdings LLC and Century Farm Storage LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#5. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 71 Item#5. GRANTOR: BRIGHTON DEVELOPMENT INC., an Idaho corporation B o han D. Wardle, President STATE OF IDAHO ) ss. County of Ada ) On this day of June, in the year of 2021, before me a Notary Public of said State, personally appeared Jonathan D. Wardle, known or identified to me to be the President of Brighton Development Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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 Idah My Commission expires �- /— o20d SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Page 72 Item#5. GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: --je Robert L. Phillips, President STATE OF IDAHO ) ss. County of Ada ) On this q day of June, 2021, before me, the undersigned a Notary Public in and for said State, appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that is the Manager of DWT Investments LLC, the limited liability company that executed the within instrument or the person who executed the instrument of behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. SHARI VAUGHAN �L Notary Public-State of Idaho Commission Number 20181002 Notary Public for Idaho My Commission Expires Jun 1, 2024 My Commission expires - / a U o1 Page 73 Item#5. GRANTOR: WATSON LAND HOLDINGS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Its: Manager By: Robert L. Phillips, President State of Idaho ) ss. County of Ada ) On this9t� day of June, 2021, before me, the undersigned a Notary Public in and for said State, appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that is the Manager of Watson Land Holdings LLC, the limited liability company that executed the within instrument or the person who executed the instrument of behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. SHARI VAUGHAN Notary Public for Idaho[my otary Public-State of Idaho My commission expires mmission Number 20181002 ommission Expires Jun 1, 2024 Page 74 Item#5. GRANTOR: CENTURY FARM STORAGE LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Its: Manager By: Robert L. Phillips, President State of Idaho ) ss. County of Ada ) On thisq4�1 day of June, 2021, before me, the undersigned a Notary Public in and for said State, appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that is the Manager of Century Farm Storage LLC, the limited liability company that executed the within instrument or the person who executed the instrument of behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. SHARI VAUGHAN ' Notary Public-State of Idaho Notary Public for Idaho Commission Number 20181002 My commission expires My Commission Expires Jun 1, 2024 Page 75 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 6-22-2021 Attest by Chris Johnson, City Clerk 6-22-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 6-22-2021 (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 Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 76 Item#5. kni I E N G I N E E R I N G October 8,2020 Hill's Century Farm North Subdivision No.1 Project No.19-173 Legal Description City of Meridian Sewer and Water Easement Exhibit A Parcels of land for a City of Meridian sewer and water easement situated in a portion of the North 1/2 of the Northwest 1/4 of Section 33,Township 3 North,Range 1 East,B.M.,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 33,which bears N89°15'22"W a distance of 2,660.62 feet from a brass cap marking the North 1/4 corner of said Section 33; Thence following the northerly line of said Northwest 1/4,S89°15'22"E a distance of 373.96 feet; Thence leaving said northerly line,S00°44'38"W a distance of 37.00 feet to the southerly right-of-way line of East Amity Road; Thence following said southerly right-of-way line,S89°15'22"E a distance of 19.80 feet to POINT OF BEGINNING 1. Thence following said southerly right-of-way line,S89°15'22"E a distance of 20.00 feet to a point herein after referred to as Point"A"; Thence leaving said southerly right-of-way line,S00'44'36"W a distance of 26.00 feet; Thence N89°15'24"W a distance of 20.00 feet; Thence N00°44'36"E a distance of 26.00 feet to POINT OF BEGINNING 1. Said parcel contains 520 square feet. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence following the southerly right-of-way line of East Amity Road,S89°15'22"E a distance of 474.46 feet to POINT OF BEGINNING 2. Thence following said southerly right-of-way line,S89°15'22"E a distance of 20.00 feet; Thence leaving said southerly right-of-way line,S00°32'08"W a distance of 140.58 feet; Thence S89°15'22"E a distance of 113.86 feet; Thence N00°44'38"E a distance of 19.51 feet; Thence S89"15'22"E a distance of 20.00 feet; Thence S00°44'38"W a distance of 19.51 feet; Thence S89°15'22"E a distance of 260.00 feet; Thence N00°44'38"E a distance of 19.50 feet; Thence S89°15'22"E a distance of 20.00 feet; Thence S00°44'38"W a distance of 19.50 feet; Thence S89°15'22"E a distance of 247.32 feet; Thence S00°44'38"W a distance of 32.00 feet to a point herein after referred to as Point"B"; Thence N89°15'22"W a distance of 247.32 feet; Thence S00°44'38"W a distance of 19.50 feet; Thence N89°15'22"W a distance of 20.00 feet; Thence N00°44'38"E a distance of 19.50 feet; 9233 West State Street • Boise,Idaho 83714 a 208.639.6939 a kmengllp.com Page 77 Item#5. Thence N89°15'22"W a distance of 260.00 feet; Thence S00"44'38"W a distance of 19.49 feet; Thence N89'15'22"W a distance of 20.00 feet; Thence N00°44'38"E a distance of 19.49 feet; Thence N89`15'22"W a distance of 113.75 feet; Thence S00°32'08"W a distance of 316.84 feet; Thence N89°27'52"W a distance of 641.29 feet; Thence 34.56 feet along the arc of a curve to the left,said curve having a radius of 22.00 feet,a delta angle of 90°00'00",a chord bearing of S45°32'08"W and a chord distance of 31.11 feet; Thence S00°32'08"W a distance of 224.86 feet; Thence N89`27'52"W a distance of 192.53 feet to the easterly right-of-way line of South Eagle Road; Thence following said easterly right-of-way line,N00'13'13"E a distance of 30.00 feet; Thence leaving said easterly right-of-way line,S89"27'52"E a distance of 136.70 feet; Thence N00°32'08"E a distance of 194.86 feet; Thence 122.52 feet along the arc of a curve to the right,said curve having a radius of 78.00 feet,a delta angle of 90°00'00",a chord bearing of N45°32'08"E and a chord distance of 110.31 feet; Thence 589°27'52"E a distance of 610.29 feet; Thence N00°32'08"E a distance of 272.96 feet; Thence N89°15'22"W a distance of 25.91 feet; Thence N00°32'08"E a distance of 20.00 feet, Thence S89°15'22"E a distance of 36.91 feet; Thence N00°32'08"E a distance of 140.58 feet to POINT OF BEGINNING 2. Said parcel contains 92,123 square feet(2.115 acres). TOGETHER WITH: Commencing at a point previously referred to as Point"W,thence S14"18'43"W a distance of 144.08 feet; Thence N89`4349"W a distance of 9.50 feet to POINT OF BEGINNING 3. Thence S00°16'11"W a distance of 21.50 feet; Thence N89"4349"W a distance of 20.00 feet; Thence N00`16'11"E a distance of 21.50 feet; Thence S89°4349"E a distance of 20.00 feet to POINT OF BEGINNING 3. Said parcel contains 430 square feet. Said description contains a total of 2.137 acres(92,073 square feet),more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. A, a ,412459 0 OF L. 11 PAGE 12 1Q. 1� Page 78 Item#5. C:\USERS\ABALLARD\KMI ENGINEERING\KM GENERAL-REMOTE WORK\PROIECf\19-173\CAD\SURVEY\EXHIBIT\19-173 CITY OF NIERIDIAN SEWER ANO WATER EA5EMENT.DWG,AARON BALLARD,10/8/. S. Eagle Rd. w to N l0 W O 00 Cz 0O� r F r mOZ Goo p Z m y ��m to to in a rn Z -P C N N G� D D W "DOz 71 m LTI M co z W Z M .0 C —I N N N N N F'' O Cn rn O O) O ` O O O O 6, D W (D O O O O O m N n N O rD 0_ I'_ � LA Cn W o p C O 41 p =1 CI1 c0 co CO i `L > IN � D N rn 3 - -t� = rco Q' r- �- L3 z a M v ={ N _ r*I 5. c (0 co, o in 'D Z � n Ln 0 I O 0- N D I P Z Fri O "m N) O;C1 CD CZ orn P Do m �0 ((nn o z MATCH LINE — SEE SHEET 2 y(A -o w 0 100 200 300 Plan Scale: 1"=100' m o Z w� Exhibit B =m m n m 3?U; —Z � Hill's Century Farm North Subdivision �Noy 0 7�_�m m p�rn -Fl 3 mw"A W City of Meridian Sewer and Water Easement wom_ �. wo N 1/2 NW 1/4 Sec. 33,T3N., R1E., B.M., City of Meridian,Ada County, Idaho Page 79 Item#5. C:\USERS\ABALLARD\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\19-173\CAD\SURVEY\EXHI8IT\19-173 CITY OF MERIDIAN SEWERAND WATER EASEMENT.DWG,AARON BALIARD,10/8/. MATCH LINE - SEE SHEET 3 MATCH LINE - SEE SHEET 1 -I-- -� - -- - - - - Iz I8 rr q o > v �(� pIN tND Np � N 0 z ''Iv tVly r. t0 W � OD N N 3 I N Co I N m °' rq L21 o N 0 o CAmrq _� l N I 8 ffff — 176.26'_ _ __7 40��i8_ nCA z CD 00CA V� 10 I I Im Op rr C C7 .ICIDt a) N 00 N V 01 L . W N O UD V rn m w +, rrl co _ O O O O O O O O D OD OD Ell CA z ( I I �,� 32.00. DD OODDII N DO DOOWD OD C II OD W N Z v z rri m m r+r rn coo. On m m m o npwi m o n o is o NI IN m t�0 O O O O o O O �' O V' o = NI IN D 3 N Q0. = '0 0 I 10 C K 2 o oI IP W.Q G Z ° W � r �j jam , 00 V OD trf W N O W Co rn OZ 3 G. CrD O z I I mQ (00 is C OD DO CD OD 4 _: � k w w �'. w °_'_ w OD rn �' to En m S tn�'� tip m�e ID W N N OD N ril I I r'D m 2 m m m W I r m �Z I N N N N t0 r4 N N N G OD I I CID N G -+ O p1 pO VL W O - rD I ICq CYI O O O O O O OD F m �N I I S.Tavistock Ave. -+ I I (Proposed) D O= N C �N 0 100 200 300 L2 Plan Scale:1"=100' `�3 (nE� IL13 rn g �Z = 2 i4 oo � M a Exhibit B �mZ N-' Hill's Century Farm North Subdivision e-Oo*D- rn Z W City of Meridian Sewer and Water Easement „ o N 1/2 NW 1/4 Sec.33,T3N., 111E., B.M.,City of Meridian,Ada County,Idaho � Wg Page 80 Item#5. C:\USERS\ABALLARD\KM ENGINEERING\KM GENERAL-REMOTE WORT:\PROJECT\19-173\CAD\SURVEY\EXHIBIT\19.173 CITY OF MERIDIAN SEWER AND WATER EASEMENT.DWG,AARON BALLARD,10/8/. Z O O W W O O W S. Eagle Rd. U) cD zCID co Ln rQ N CI Ism NI I b ^N' v C I I N00'32'08"E 194.86'1- 0 NI r� -------- -� N f''i m W \\[' r N ? Z N C 2 (�---'_i;--_--__� c S00'32 08'W 224.86' } cl,� 0 0 m 56.00' v 0 0 00 Ico IR oCT C; m > � N n =O M IM tA N CD Do cr) Ooo. Doo IM N r° cn I I O sZ 1T1 Wo Ln N I I N t-� r co I cD o I I I MATCH LINE — SEE SHEET 2 0 100 200 300 Plan Scale: 1"= 100' m � Z 2 o n ooW�' m Q m Exhibit B m=m>!jT Z W Hill's Century Farm North Subdivision O m y W W m m MO T Q s 6 V-a "1 0 A m Q City of Meridian Sewer and Water Easement � Z a N 1/2 NW 1/4 Sec. 33, T3N., R1E., B.M., City of Meridian,Ada County,Idaho cT w o Page 81 Item#5. 20.00 s89"1572"e e 3 Ln O c oe' Loo cV O o N O O C o N n89"15'24"w 20.00 Title: 201002 City of Meridian Sewer and Water Easement 19-173 #1 Date: 10-02-2020 Scale: 1 inch=5 feet File: Tract 1: 0.012 Acres: 520 Sq Feet:Closure=n00.4437e 0.00 Feet: Precision>1/999999: Perimeter= 92 Feet 001=s89.1522e 20.00 003=n89.1524w 20.00 002=s00.4436w 26.00 004=n00.4436e 26.00 Page 82 Item#5. 00 N Ii 7 Q mse s 260.00 s: 24732 ��s�ra• �°19Y2"a u�1922"a 260.00 247.32 N O � O ti 610.29 c s89°2752"e r6 n89°27'52"w 641.29 u p 000CD 3 ao N p CR a o fV C V N C� N 136.70 ^a89fwgrSa"w 19253 Title: City of Meridian Sewer and Water Easement 19-173 parcel 2 Date: 10-06-2020 Scale: 1 inch=200 feet I File: Tract 1: 2.115 Acres: 92123 Sq Feet:Closure=s13.1957e 0.01 Feet: Precision=1/683212: Perimeter=4672 Feet 001=s89.1522e 20.00 014= 00.4438w 19.50 027=n00.1313e 30.00 002=s00.3208w 140.58 015=n89.1522w 20.00 028=s89.2752e 136.70 003=s89.1522e 113.86 016=n00.4438e 19.50 029=n003208e 194.86 004=n00.4438e 19.51 0 1 7=n89.1522w 260.00 ei° 5 2&ffjr 005=s89.1522e 20.00 018=:s00.4438w 19.49 03 1=s89.2752e 610.29 006=s00.4438w 19.51 019=n89.1522w 20.00 032=n00.3208e 272.96 007=s89.1522e 260.00 020=n00.4438e 19.49 033=n89.1522w 25.91 008=n00.4438e19.50 021=n89.1522w 113.75 034=n00.3208e 20.00 009=s89.1522e 20.00 022=s00.3208w 316.84 035=s89.1522e 36.91 010=s00.4438w 19.50 023=n892752w 641.29 036=n00.3208e 140.58 Bs3 08h31 0° 011=s89.1522e 247.32 11i1 012=00.4438w 32.00 025=s00.3208w 224.86 0 1 3=n89.1522w 247.32 026-n89.2752w 192.53 Page 83 Item#5. 20.00 s89°43'49"e � 3 O O � O n89°43'49"w 20.00 Title: City of Meridian Sewer and Water Easement 19-173 No.3 Date: 10-05-2020 Scale: 1 inch=5 feet I File: Tract 1: 0.010 Acres: 430 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 83 Feet 001=s00.1611 w 21.50 003=n00.1611 a 21.50 002=n89.4349w 20.00 004=s89.4349e 20.00 Page 84 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Utility Easement for Pressure Reducing Valve Page 85 ADA COUNTY RECORDER Phil McGrane 2021-096849 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 06/24/2021 01:25 PM CITY OF MERIDIAN, IDAHO NO FEE UTILITY EASEMENT FOR PRESSURE REDUCING VALVE THIS Easement Agreement, made this 22nd day of June, 2021 between Orchard Creek Home Owners Association,("GRANTOR"),and the City of Meridian,an Idaho Municipal Corporation("GRANTEE"); WITNESSETH: WHEREAS,the GRANTOR desires to provide a Utility Easement for a Pressure Reducing Valve(PRV)right-of-way across the premises and property hereinafterparticularly bounded and described;and WHEREAS,the PRV is to be provided and to be constructed by others; and WHEREAS,it will be necessary to maintain and service said PRV pipeline 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 over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a PRV 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, it's successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Utility Easement for Pressure Reducing Valve Item#6. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of,or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land,and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRA OR: STATE OF IDAHO ) ss. County of Ada ) This record acknowledged before me on 3 (date) by MVy the (Drsf�'o(�ix-� (stamp) ��,tQ.S •7'UL,'�• otary Signature �4;: '•; c��, My Commission Expires: %AOTAR), /�OF 10P.�`�• ''///1111110% Utility Easement for Pressure Reducing Valve Page 87 Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 6-22-2021' Attest by Chris Johnson, City Clerk 6-22-2021 STATE OF IDAHO, ) : ss County of Ada ) This record was acknowledged before me on 6-22-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: ._3-28-2022 Utility Easement for Pressure Reducing Valve Page 88 Item#6. EXHIBIT A PERMANENT UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO An easement located in the SE 1/4 of the SW 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 1 of Block 1 of BICENTENNIAL FARM SUBDIVISION NO. 1 as shown in Book 116 of Plats at Pages 17423—17432 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the southwesterly corner of said Section 33, from which an aluminum cap monument marking the southeasterly corner of said SW 1/4 bears N 89°56'28" E a distance of 2651.76 feet; Thence N 89°56'28" E along the southerly boundary of said SW 1/4 a distance of 1669.77 feet to a point; Thence leaving said southerly boundary N 11°54'52" W a distance of 51.09 feet to the southwest corner of said Lot 1; Thence along the southeasterly boundary of said Lot 1 the following described courses: Thence N 89°56'28" E a distance of 48.23 feet to a point; Thence N 45°03'26" E a distance of 28.34 feet to a point; Thence N 0°10'25" E a distance of 13.58 feet to the POINT OF BEGINNING; Thence continuing N 0°10'25" E a distance of 43.00 feet to the southeasterly corner of an existing City of Meridian water easement, as described in Instrument No. 2018-119253; Thence leaving said southeasterly boundary N 90°00'00"W along the southerly boundary of said easement a distance of 25.00 feet to a point; Thence leaving said southerly boundary S 0°10'25" W a distance of 42.92 feet to a point; Thence S 89°49'35" E a distance of 25.00 feet to the POINT OF BEGINNING. Page 89 Item#6. This parcel contains 1,074 square feet (0.025 acres) and is subject to any other easements existing or in use. This description was prepared from record information, and no field survey has been done. Prepared by: Kyle A. Koomler, PLS Civil Survey Consultants, Incorporated April 27, 2021 0 A. KO Page 90 Item#6. C HI p/T Q SKETCH TO ACCOMPANY PERMAN-7EUNT UTILITY EASEMENT DESCRIPTION FOR THE Cl TY OF MERIDIAN LOCATED IN THE SE 1/4 OF THE SW 114 OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO h W m SICENTENN/AL FARM SUB. NO 1 y W N 90 O0'OQ" w t,, N BLOCK 1 W Q 25.00� LOT 1IQ { V � I � � I S 89 49'35" E POINT OF 25.00' BEGINNING N 0'1025" E 13.58' h N 89'56 28" E a 48.23' 4i. $ I y' O ,32 3,3 1669.77' ` 981.99 N 8975628" E 2651.76' 114 BASIS OF BEARING W. LAKE HAZEL ROAD gyp, LA EN ` a- 18780 CIVIL SURVEY CONSULTANTS, INC. 2893 MERIDIANH MERIDIAN AD 1 AHO 83642 ��T f .0 SCALE: 1"'=30' (208)888-4312 A K 0 fj Page 91 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Aegean Estates No. 3 (FP-2021-0031) by Engineering Solutions, LLP, Located at 4306 N. McDermott Rd. Page 92 Item#7. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: June 22, 2021 Topic: Final Plat for Aegean Estates No. 3 (FP-2021-0031) by Engineering Solutions, LLP, Located at 4306 N. McDermott Rd. Request: Final plat consisting of 57 buildable lots and 4 common lots on 15.32 acres of land in the R-4 and R- 8 zoning districts. Information Resources: Click Here for Application Materials Page 93 Item#7. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 6/22/2021 legend - DATE: Iff Prc jE-1 Lc=liar C-15 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 � SUBJECT: FP-2021-0031 Aegean Estates No. 3 RU T LOCATION: 4306 N. McDermott Rd.,in the NW 1/4 of Section 33,Township 4N.,Range 1 W. J ., —M RUT I. PROJECT DESCRIPTION Final plat consisting of 57 buildable lots and 4 common lots on 15.32-acres of land in the R-4 and R-8 zoning districts. II. APPLICANT INFORMATION A. Applicant: Shari Stiles, Engineering Solutions,LLP— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0114)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots did not increase and the amount of common open space increased slightly. Therefore, Page 1 Page 94 Item#7. Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV.DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 7/31/2017) I I v 15 LEGm 4�«--�14 ,�-_J•--f--L+-1iJ--T'-_al�_.1._l_� 1 l / ��k� ':- r [ ° ' •scc sr�r�of�roR � �18 L III ?U7 � "'--- f -•-----T'-------T-----.--T---_ --- i RUT i i ,� o i RUT � I Page 95 Item#7. B. 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FlIUI[xi,NEx ins w�ENim�i[xl'IX I[ DEVELOPER ,XVY14'E X,.m' b']4bR• 5] dm'PoX•5«'IT,A'E 1a-]xm INenX[mE m[uuRR Ea[dfur is fce m[rofxAnm iNX xAixmvnx¢ NfAIDIAN,ID e «,a,r•x �n n.m 3 =,gym Evx H «r N xr XrE�EExE R�XX 1—E SO' C fN&1NEERlN& n u[for T Lti1 B,.m' 641IA 8TBN3" x _ p Pod N 3e.ax NN A.^E n]�Po•N] A�XxE xPo.p:,-��,, Ta D Nr GA m n lm11 �N��Po xN nm¢�r N�g—; ET 1 OF it�a nno"SI m-A-1- za.Poa TJVa E lest Page 3 Page 96 Item#7. C. Landscape Plan(dated: 04/05/2021) !r AEGEAN ESTATES PHASE 1 AEGEAN ESTATES FUTURE PHASE 2 . AEGEAN ESTATES PHASE AEGEAN ESTATES PHASE 1 L2 W �sF 1 aw< D z Y `fib - LL a IL \V L1 L3 nc��s #gam =11,11,11- ..w,...,...�....w 1 LO 4 ' 14 •.p �1 IInC�{ I 4� 1 ,, u�TgUrIE wrsl �e io fit, swv —J anti �I,! *1 yo4 am 5 az �� PLANT SCHEDULE NOTES WZ s Page 97 Item#7. t "� soh. .�..._.. 10 ! 6IN ! J m - 23 g6F. Lt 24 BLOCS it as _ 9 uarrxEa:u W gig ., F'LAN7 Sc.HEt7ULE '-'_ NOTES 5 € �LZF -<a ar acxa ri nacz n 6 IS zmcz a at a, S I � m Wy PLANT SGHES7L'LE NOTIEg ` Page 5 Page 98 1Z^"1=111t1V :V�N vlNrL�I—T MR, !47'-M.V,%T aCAPE CALCULATIONrl NOTES .......... W,7 MM �rrrrwff MRSEX -M—, M-P .WT M.E-E mww Ar, L4 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2017-116562) and preliminary plat(H-2017-0114)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC I 1-613-7. 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 Engineering Solutions,LLP, stamped by Clinton W.Hansen, dated: 4/14/202 1,included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the existing ACHD permanent easement in the Legend. b. Note#12: Include the recorded instrument number of the ACHD License Agreement. c. Include the Book and Page numbers of the Aegean Estates Subdivision No. I plat(i.e. Bk. 120,Page 18799). d. Include the Book and Page numbers of the Aegean Estates Subdivision No. 2 plat. Item#7. e. Depict a minimum 15-foot wide common lot with a minimum 5-foot wide pathway within Block 8 for future pedestrian connectivity to the south in order to comply with the block face standards listed in UDC 11-6C-3F.3a. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 04/5/2021, included in Section V.C, shall be revised as follows: a. Depict a minimum 15-foot wide common lot with a minimum 5-foot wide pathway within Block 8 for future pedestrian connectivity to the south in order to comply with the block face standards listed in UDC 11-6C-3F.3a. b. Depict a mix of trees and shrubs within the landscape strips along all pathways in accord with UDC 11-3B-12C.2. 6. 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, Sue Prescott, at 887-1620 for more information. 7. All fencing shall comply with the standards of UDC 11-3A-7C. 8. 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 Site Specific Conditions: 1. The street light plan submitted with the construction plans appear to meet city requirements based on a preliminary review. The type 1 streetlights on McDermott need to be placed over McDermott Road, and not the entry road. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. Page 7 Page 100 Item#7. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Page 101 Item#7. Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 contact the City of Meridian Water Department at(208)888- 5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 102 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Oaks North Subdivision No. 10 (FP-2021-0035) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. Page 103 Item#8. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: June 22, 2021 Topic: Final Plat for Oaks North Subdivision No. 10 (FP-2021-0035) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. Request: Final Plat consisting of 54 single-family residential building lots and 11 common lots on 15 acres of land in the R-4 and R-8 zoning districts. Information Resources: Click Here for Application Materials Page 104 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approval of Award of Bid and Construction Contract Between City of Meridian and Treasure Valley Drilling, LLC for Well 9B Construction for the Not-to-Exceed Amount of$454,051.00 and Authorize Procurement Manager to Sign Purchase Order for the Not-to-Exceed Amount of$454,051.00 Page 105 Item#9. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 7/28/2020 Presenter: N/A Estimated Time: N/A Topic: Approval of Award of Bid and Contract Recommended Council Action: Approve award of bid and construction contract to Treasure Valley Drilling, LLC for Well 9B for the Not-to-Exceed amount of$454,051.00 and authorize Procurement Manager to sign Purchase Order for the Not-to-Exceed amount of$454,051.00. Background: Treasure Valley Drilling was the only bid received on May 24, 2021. Page 106 Mayor Robert E. Simison Item#9. W IDIAN �~� City Council Members Treg Bernt Joe Borton Public Works i V fa i'i V Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison FROM: Dean Stacey Engineering Project Manager DATE: June 14, 2021 SUBJECT: PROJECT INFORMATION: FOR CONSTRUCTION OF PRODUCTION WELL 9B,ESTIMATED COST OF $454,000 WITH TREASURE VALLEY DRILLING. I. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 208-489-0386 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Dale Bolthouse, Director of Public Works 208-985-1257 II. DESCRIPTION A. Background Development continues to increase demand for potable water in the City of Meridian. The City also needs to maintain service to current residents and businesses. Wells and pumping facilities that have exceeded their design life must be replaced in order for the City to maintain water production and meet consumer needs. B. Proposed Project This project is the construction of a 2,000+ gallon-per-minute production well located on the same lot and adjacent to the existing well 9. A new pumping facility is planned for construction in 2022. Page 1 of 2 Page 107 Item#9. III. IMPACT A. Fiscal Impact: Project Costs: ----- ---------------------------------------------------------------- ; Fiscal Year 2020 Estimated -------------------------------------------------------------------------------------------------------- Construction Cost $454,051 Available Project Funding .-----------------------------------;-----------------------------------,---------------------------------- Fiscal Year 2020 Account Code/Codes _---A-----------------------------------J--_-----------------_--_--_-__-___ We119------------- ._. . __-_-'----_-- 60-3490-96122 ;_1. _ _. ..._ __--____--$510,000 i V. TIME CONSTRAINTS Approval of this request will allow for the award of the construction project for drilling well 9B production well in FY 2021. Approved for Council Agenda: ' Page 2 of 2 Page 108 Item#9. CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 913 PRODUCTION CONSTRUCTION PROJECT # 10550.e THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 22nd day of June , 2021, 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, and Treasure Valley Drilling, LLC, hereinafter referred to as "CONTRACTOR", whose business address is 5840 Adams Rd. New Plymoth, ID 83655 and whose Public Works Contractor License # is C- 046777. INTRODUCTION Whereas, the City has a need for services involving Well 913 Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to 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 any such work is copyrightable, the Contractor may copyright the same, except that, as to 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, or any part thereof, and to authorize others to do so. 1 .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WELL 9 B PRODUCTION CONSTRUCTION page 1 of 13 Project 10550.E Page 109 Item#9. 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 $454,051.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELL 9 B PRODUCTION page 2 of 13 CONSTRUCTION Project 10550.E Page 110 Item#9. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 120 (one hundred twenty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of$150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred fifty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this WELL 9 B PRODUCTION page 3 of 13 CONSTRUCTION Project 10550.E Page 111 Item#9. Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability 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, employee or 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 of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 . 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's elected officials, officers, employees, agents, and volunteers from and for any and WELL 9 B PRODUCTION page 4 of 13 CONSTRUCTION Project 10550.E Page 112 Item#9. all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 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 City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. WELL 9 B PRODUCTION page 5 of 13 CONSTRUCTION Project 10550.E Page 113 Item#9. 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. 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. WELL 9 B PRODUCTION page 6 of 13 CONSTRUCTION Project 10550.E Page 114 Item#9. 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 purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on 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 as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WELL 9 B PRODUCTION page 7 of 13 CONSTRUCTION Project 10550.E Page 115 Item#9. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating 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 insure 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. 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 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 WELL 9 B PRODUCTION page 8 of 13 CONSTRUCTION Project 10550.E Page 116 Item#9. 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 under this 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 of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. WELL 9 B PRODUCTION page 9 of 13 CONSTRUCTION Project 10550.E Page 117 0 30a Order of Precedence : The order or precedence shall be the contract agreement, the Invitation for Bid document , then the winning bidders submitted bid doc iment. 31 :m Compliance with Laws : In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws , ordinances , and codes of Federal , State , and local governments . 32m Applicable Laws, This Agreement shall be governed by and construed < nd enforced in accordance with the laws of the State of Idaho , and the ordinance. - of the City of Meridian . 33w Notices : Any and all notices required to be given by either oi the parties hereto , unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States m . iil , certified , return receipt requested , addressed as follows : CITY CONTRACTOR City of Meridian TREASURE VALLEY I RILLING , LLC Procurement Manager Attn : Trisha Post 33 E Broadway Ave 5840 Adams Rd . Meridian , ID 83642 New Plymouth, ID 83655 208-489-0417 Phone : 208-465-6100 Email .- tvdrilling@gmail . ;om Idaho Public Works License #046777 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the mannrlr herein provided . 34m Approval Required : This Agreement shall not become effective or binding L ntil approved by the City of Meridian . CITY OF MERIDIAN TREASURE VALLEY D LLING , .LLC d BY : BY: � KEITH WATTS , Procurement Manager WELL 9 B PRODUCTION page 10 of 13 CONSTRUCTION Project 10550.E 0 Item#9. Dated: 6-22-2021 Dated: 6/15/2021 Date Approved by Council: 6-22-2021 Project Manager Dean Stacey WELL 9 B PRODUCTION page 11 of 13 CONSTRUCTION Project 10550.E Page 119 Item#9. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2020-10550.E ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-2020-10550.E, 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 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SITE EVALUATION, WELL ENGINEERING REPORT, SPECIFICATION SUBMITTAL by SPF Engineering dated 4/15/2021 (3 pages) • SPECIFICATIONS (22 pages) WELL 9 B PRODUCTION page 12 of 13 CONSTRUCTION Project 10550.E Page 120 Item#9. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $454,051.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 120 Days from Notice to Proceed Milestone 2 Final Completion 150 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 9B PRODUCTION CONSTRUCTION PROJECT per IFB PW-2020-10550.e. NOT TO EXCEED CONTRACT TOTAL.......................$454,051.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 1 Mobilization and demobilization 1 LS $ 35,000.0 2 Drill for, furnish, install, and seal 24-inch surface casing 45 LF $ 29,250.0 3 Drill 8-inch pilot borehole 655 LF $ 72,050.0 4 Geophysical and caliper logging 1 LS $ 7,500.0 5 Abandon pilot borehole 20 LF $ 1,100.0 6 Ream for 23-inch borehole 515 LF $82,400.0 7 Furnish and install PVC casing 562 LF $ 83,176.0 8 Furnish and install bentonite/cement grout seal 560 LF $ 25,200.0 9 Ream for 15-inch borehole 120 LF $ 19,200.0 10 Furnish and install 9-inch, stainless steel well screen 105 LF $ 23,625.0 11 Furnish and install 9-inch "tight-wrap" stainless steel headpipe/blank 30 LF $ 6,750.0 12 Furnish and install sand filter pack 140 LF $ 6,300.0 13 Mechanical and pump development 40 HR $ 20,000.0 14 Furnish and install packer assembly 1 LS $ 11,500.0 15 Install and remove test pump 1 LS $ 15,000.0 16 Test pumping 28 HR $ 14,000.0 17 Video log 1 LS $ 1,000.0 18 Rig Time 2 HR $1,000.0 Page 121 WELL 9 B PRODUCTION CONSTRUCTION Project 10550.E page 13 of 13 Item#9. Bid Form (BT-46NV) Legend The green cells with bolded numbers indicate that this bid was the lowest price. The orange cells indicate that this item from that vendor was selected. The green cells with orange outline indicate that this item from that vendor was self has the lowest price. Page 122 Item#9. $ 123 acted, and Page 123 Item#9. E IDIAN:--- BID RESULTS IDAH ® BID NAME: Well 9B Production DUE DATE &TIME: May 24, 2021 2:30 BID NUMBER: PW-2020-10550.e Treasure Valley Drilling Total Cost $454,051.0 Selected# 18 $454,051.0 # Items Selected Lowest Quantity Unit UnitPrice TotalCost #0-1 Mobilization and demobilization $35,000.0 $35,000.0 1 LS $35,000.0 $35,000.0 #0-2 Drill for,furnish, install, and seal 24-inch surface casin $ 29,250.0 $ 29,250.0 45 LF $650 $29,250.0 #0-3 Drill 8-inch pilot borehole $72,050.0 $72,050.0 655 LF $ 110 $72,050.0 #0-4 Geophysical and caliper logging $7,500.0 $7,500.0 1 LS $7,500.0 $7,500.0 #0-5 Abandon pilot borehole $ 1,100.0 $ 1,100.0 20 LF $55 $ 1,100.0 #0-6 Ream for 23-inch borehole $82,400.0 $82,400.0 515 LF $ 160 $82,400.0 #0-7 Furnish and install PVC casing $83,176.0 $83,176.0 562 LF $ 148 $83,176.0 #0-8 Furnish and install bentonite/cement grout seal $ 25,200.0 $ 25,200.0 560 LF $45 $25,200.0 #0-9 Ream for 15-inch borehole $ 19,200.0 $ 19,200.0 120 LF $ 160 $ 19,200.0 #0-10 Furnish and install 9-inch,stainless steel well screen $ 23,625.0 $ 23,625.0 105 LF $225 $23,625.0 #0-11 Furnish and install 9-inch "tight-wrap"stainless steel 1 $6,750.0 $ 6,750.0 30 LF $225 $6,750.0 #0-12 Furnish and install sand filter pack $6,300.0 $ 6,300.0 140 LF $45 $6,300.0 #0-13 Mechanical and pump development $ 20,000.0 $ 20,000.0 40 HR $500 $20,000.0 #0-14 Furnish and install packer assembly $ 11,500.0 $ 11,500.0 1 LS $ 11,500.0 $ 11,500.0 #0-15 Install and remove test pump $ 15,000.0 $ 15,000.0 1 LS $ 15,000.0 $ 15,000.0 #0-16 Test pumping $ 14,000.0 $ 14,000.0 28 HR $500 $ 14,000.0 #0-17 Video log $ 1,000.0 $ 1,000.0 1 LS $ 1,000.0 $ 1,000.0 #0-18 Rig time $ 1,000.0 $ 1,000.0 2 HR $500 $ 1,000.0 Page 124 Item#s. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 4/29/2021 REQUESTING DEPARTMENT Public Works Project Name: Well 9B Production Well-Construction Project Manager: Dean Stacey Contract Amount: $454,051 Contractor/Consultant/Design Engineer: Consultant-SPF Water Engineering/Contractor-Treasure Valley Drilling, LLC Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490 Yes ❑� No ❑ Construction ❑ GL Account 96122 FY Budget: 2021 Task Order ❑ Project Number: 10550.E Enhancement: Yes ❑ No 0 Professional Service ❑ 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 0 No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes ❑ No 0 If no please state circumstances and conclusion: One bid submitted Date Award Posted: 6/1/2021 7 day protest period ends: VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 46777 Expiration Date: 4/30/2022 Corporation Status Active Insurance Certificates Received(Date): 6/15/2021 Expiration Date: 11/20/2021 Rating: A Payment and Performance Bonds Received(Date): Rating: Builders Risk Ins.Req'd: Yes ❑ No J❑ 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: Kyle Radek Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: June 15,2021 Approval Date 6-22-2021 By: Mayor Robert E.Simison Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 125 Contract Request Checklist.5.24.2016.Final Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development: Fiscal Year 2021 Budget Amendment in the Amount of$35,963.00 for Reclass of Administrative Assistant to Economic Development Business Liaison Page 126 Item#10. C� fIEN DIAN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: June 22, 2021 Presenter: Cameron Arial Estimated Time: 5 minutes Topic: Community Development: Fiscal Year 2021 Budget Amendment in the Amount of $35,963.00 for Reclass of Administrative Assistant to Economic Development Business Liaison Recommended Council Action: Approval of Budget Amendment in the amount of$35,963 to fund the reclassification of the vacant Administrative Assistant position to a professional-level position of Economic Development Business Liaison. Background: The Department was approved for the addition of an Administrative Assistant position during the FY2021 budget cycle. Early in the fiscal year, it became evident that a higher level position with the skills, knowledge, and ability to respond and identify the needs of the business and development community was needed. A new job description was developed with a focus on retaining and expanding the City's existing business base and implementing proactive measures to grow and expand the City's economic base. The job description was submitted to Human Resources and evaluated by AmeriBen, which determined the classification level resulting in this Budget Amendment request. The Meridian business community will be better served with the reclassification of this position to a professional level. It will enable the Department to proactively implement priorities identified in the City Strategic Plan, Comprehensive Plan, and recent Economic Development Analysis. The goals, priorities, recommendations that appear in these documents were coalesced to develop an Economic Development Action Plan. The action items below simply cannot be addressed with one professional-level staff member. Currently,the majority of the City's economic development activities are reactive. Many inquiries come from existing small businesses seeking guidance and assistance on various issues. Responding to the needs of our existing business community is a primary element of any economic development program, but it takes significant time—time that does not allow for implementing strategic initiatives. Page 127 Item#10. With a focus on increasing family-wage jobs, more proactive efforts are necessary to ensure the City targets the types of businesses that will provide those jobs and support existing businesses in key industry sectors. Currently, marketing and outreach efforts are severely lacking. This position will allow staff to increase engagement efforts with existing and potential new businesses.Without proactive efforts, we take what comes, and that may come with impactful opportunity costs. Economic Development Action Plan Respond to bus inese location& uwze urban renewal& Refine development support the retention,auccess retenlion+ special districts to support processes,working with $r expansion of existing expansion inquiries business development Commercial Project Manager businesses Create a comprehenafve Develop an easesament inafrument Target attraction efforts to Raotelite Downtown marketing program for determining incentives recruit companies creating family wage jobs&new City revenue Target the expansion& Monitor,Research& Address the need for attraction of compatible }lousing for all Meridian Workforce industrial businesses update key data residents Development Maximize efforts and resources by partnering with other entities with shared goals Attachment: Approved Budget Amendment Request Page 128 C O N A J N N N c .y 7 r m N � E � a ■ o to a) Md o W U c c z z M c° t E E o El El o N o�i w n n rn a w CD ui A p 0 v v N ^ N ° 4+ v v > > 0 'UT 04 M > > a ti I co o o ❑o e v rn N � a T— N Y Y is u a u u h a 0 E O n C v �' c .> �_ c ° CD O EO EO i LL O f6 C w i jyC (J CJ fo > li '3 C �} w o 0 0 4, o < ..2 a v LL ` 3 U , �° N E E ai o f o E °i z z 6 z a I i t + E O a o Orr � LL N E E R Co- N 4— t' m � N W (p ai O- O(U i u O v V a N O v a ° a, *' .G G — C p C h0 0 Gl � U w � 0 -0 o G ai >o p c Q E 9 Q c c O m w Q p O Y Q v Q 7 T O E O c Q U U N 0 a� o O m' V I- N 00 M N N V 00 to O T ail N M V1 E f0 f0 N N y N M � l}�L O 0 O LL N ? N Y W H p — OCO M {J ++ 7 O C O C O _0v c y m O i c a +• G O N > L°^ w m 3 y oo u 3 a c c w e ai c 'a+ c —M c > U O E u c F a CLco F a a a Q o o c O o a E w p a F a a bD r o 7n Q o (7 > c u w o (D (D (7 -0 o- O w a w c O p O O O O O O O O 'O O O O O O 0 O 0 O 0 O O O 0 0 0 0 O O O 0 0 0 O 2 a` a a` a` 0 O lD O N M Ln J O O O N N N N N N N M 0 0 0 0 a c-I c-I a-I ci N N N N (7 (7 (7 , � O .o O 4+ to 0 0 0 0 0 00 0 o 0 0 0 0 0 0 00 0 0 0 0 00 0 0 0 0 ++ o 0 o y ee 4+ Q m m m m m m rn m O Q m m m m m m m m m m mN m m Q m m m m m m L m m m D d U � N ti ti N ti ti N N W p ti ti N N N N N N N N N ti �� N N N ti ti N O � ti ti N � 00 O cu m a xx xx a Q a o o o o o o o o y o 0 o O O O O O O 0 0 0 0 o o 0 o 0 o o o o Y 0 LL LL l LL o: o w E Item#10. :58 PM City of Meridian FY2021 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Community Development Funding 2021 2022 2023 2024 2025 Title: Reclass Admin Asst to Economic Development Business Liaison Personnel $ 35,963 $ 35,963 $ 35,963 $ 35,963 $ 35,963 1..t-"aio to,S.b..AUjLS 8..1get A...en dn.2nUs Operating $ - $ - $ - $ $ - �O Department will s Jrid Amendment with Direct Ors Signature to Finance(Budget AnalM Im re leW Capital $ - 7 Flnari—will send Amendment to COundl liaison W s]gnature Total $ - $ 35,963 $ 35,963 $ 35,963 $ 35,963 $ 35,963 >C—ndl LWi—will send slgned A--dment to Mayor Total Estimated Project Cost: $ 179,813 > Mayor will send signedAmendmenttoFnence(Budget Analystl Evaluation Questions i f1narwe(8uttet AmIWJ will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. a oepa,bme,x,,,gleam ol'Amenainerxtaoa,nul Agenda using iW mrigffnCla menage, 1. Describe what is being requested? Reclassification of vacant Administrative Assistant position to a professional-level position of Economic Development Business Liaison. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The number of inquiries and requests for assistance has increased significantly in the past six to eight months,solidifying the need for a professional-level position to respond to and work with the business and development communities.Over the past year,the majority of economic development activity has been reactive.The 2020 Economic Development Analysis,released after the FY2021 budget cycle--and yet before the major increase in market activity--made a recommendation to"establish a team of key City staff and stakeholders dedicated to economic development." 3. What is the explanation for not submitting this budget request during the next fiscal near budget cycle? This classification for the job description for this position was just recently returned from the AmeriBen. 4.Describe the proposed method of funding? If funding is split between Funds(i.e.,General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. The position would be funded from General Fund Revenues. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? This request directly aligns with two goals in the Business&Economic Vitality focus area of the City Strategic Plan: 1)Retain and recruit business in the professional services, technology,light manufacturing and health care industries to provide a balanced economic base. 2) Support development that increases the number of family wages jobs to allow employees to live and work in Meridian. In addition,the reclassification to a professional-level position will allow the City to address strategic initiatives identified in the City Comprehensive Plan. `6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. N/A J 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No Yes 8.Is the amendment going to result in the disposal of an asset?(Yes or No) No 9.Any additional comments? Total Amendment Request $ 35,963 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause o funding shortfall. Page 130 City of Meridian Ft4'2GBdrBt#efi gDat AtboaWMicrosoft\Windows\INetCache\Content.Outlook\8EJR9TM1\FY2021 Budget Amendment Form-Reclassification of Administrative Assistant to Economic Development Business Liaison Item#10. T 7 affE CITY OF MERIDIAN JOB DESCRIPTION Job Title: Date: Economic Development Business Liaison (EDBL) 1/2021 Department: Grade/FLSA Status: Community Development / Exempt Reports To: Revisions: Economic Development Administrator N/A Job Summary: Serves under the direction of the Economic Development Administrator(EDA).The primary responsibility of the EDBL is to assist businesses, large and small, in retaining and expanding their operations in the City; and growing and expanding the City's economic base. Another focus of the EDBL is to market to potential businesses who meet Meridian's strategic goals and attract to the City.This position must be able to work independently, strategically, and with great individual initiative.This position must be able to assist businesses through the City's development processes with a heavy emphasis on the Planning and Zoning process. Qualified candidates must be able to think strategically, develop goals, set timelines and milestones, and meet deliverables.The position functions as the main contact person for the City's small business needs, marketing needs, and stakeholder liaison for the City. This position will work closely with the Commercial Project Manager, especially in relation to significant commercial projects. Essential Duties& Responsibilities: General: • Engages with other City departments, divisions, and outside agencies; • Negotiates and resolves sensitive and controversial issues; • Responds to small business location, retention and expansion inquiries; • Serves as the City's representative on a variety of boards and committees; • Attends and participates in professional group meetings; particularly small business, chamber of commerce, regional and state economic development organizations; • Conducts forums and surveys of the business community to assist in formulation of the City's economic strategy; • Serves as business liaison by providing assistance and advice to Meridian businesses; • Provides site location information to businesses interested in locating in Meridian coordinating inquiries with local economic development professionals, chambers of commerce, other economic development organizations, and the state agencies; • Participates in the development of the economic development division's annual budget; • Assists in the preparation of and implements a city-wide economic development marketing strategy; • Provides reports to the Director and EDA on a regular basis; • Provides technical advice and assistance to the EDA, Director, Council, and businesses in matters related to a wide variety of economic development activities and programs. 1 Page 131 Item#10. Business Development: • Assesses needs of businesses for retention/expansion in Meridian; • Serves as liaison between the City, emerging entrepreneurs, under-served business owners,and small business organizations; • Establishes a network of private and public contacts to market Meridian as a business expansion or relocation site; • Develops and utilizes economic development tools, such as industrial revenue bonding, tax increment financing, new market tax credits, and the plethora of state and local incentives to assist businesses in ways that provide a net benefit to the community; • Keeps abreast of information which may impact program goals and objectives, and initiates appropriate strategies and policy change recommendations; • Maintains a City-wide business database and annual business visitation schedule; • Seeks out new trends and innovations in the field of economic development; • Meets with developers,contractors, and business representatives to discuss new construction projects or plans for expansion; • Maintains a robust network of stakeholders and professionals that can assist in accomplishing the City's Comprehensive and Strategic Plan initiatives as they relate to economic development. • Monitors progress of projects through on-site visits and frequent contact with business customers; • Responsible for the creation and production of marketing materials and social media content which detail economic development opportunities in Meridian; Business Experience and Expertise: • Coordinates small business workshops and facilitates business needs broadly and individually for Meridian businesses; • Serves as a liaison to other public agencies and associations to generate prospects, build relationships, and raise awareness of recent Meridian City market developments; • Prepares various business reports and presents oral presentations to the public; • Ability to evaluate and recommend appropriate business site locations and expansions; providing technical economic development assistance to businesses, business organizations, and community groups; analyzing and implementing economic development marketing concepts. Other Duties and Responsibilities: • May supervise interns and other employees; • Performs other duties as assigned or needed by the EDA. Job Specifications: • College — Minimum of a Bachelor's degree required with a preferred major in business, marketing, finance, and economics, pre-law or equivalent; • Highly preferred that this person has worked a minimum of three (3)years either working in a professional level position in the private sector; owned or managed own company; management level experience with a governmental entity performing related recruitment and retention of business interests; • Working in a professional capacity with federal, state, or local economic development/assistance programs; 2 Page 132 Item#10. • Strong knowledge of financial management, economic development, business assistance and marketing concepts; state and local economic development practices. Knowledge,Skills&Abilities: • Must have excellent communication skills; • Must have especially strong professional writing skills for writing reports, and other communication; • Must have exceptional organizational skills and the ability to effectively establish priorities and complete multiple, competing and time-dependent projects with superior attention to detail; • Ability to establish and maintain effective working relationships with Department personnel, city officials and the general public; • Ability to communicate, meet and deal with the public and co-workers with respect in a pleasant, professional, and courteous manner; • Integrity in the performance of assigned tasks; • Must be able to provide exceptional customer service and outstanding professionalism; • Must be willing to work in a fast-paced and demanding environment and display an attitude of cooperation with the ability to work professionally and effectively with others; • Must be tactful,discrete,and diplomatic as well as be assertive, resilient, have problem solving ability; • Must have demonstrated excellent oral and written marketing skills to communicate effectively with customers,vendors, and the public in face-to-face meetings, one-on-one settings, and in groups. Licensing: Must hold a valid State of Idaho Driver's License and safe driving record. Work Environment and Physical Demands: • Work is usually performed in coordination with business customers at their businesses or remotely; • Constantly requires sitting at a desk or computer terminal for long periods of time and ability to lift up to 15 lbs.; • Constantly requires clarity of speech and hearing, which permits the employee to communicate effectively with the public and other department members; • Constantly requires clear vision to read printed materials and computer screen to accomplish work. Travel Requirements: • Travel is occasionally required; Disclaimer: Incumbent must perform the essential duties and responsibilities with or without reasonable accommodation efficiently and accurately without causing a significant safety threat to self or others. The above statements are intended to describe the general nature and level of work being performed by employees assigned to this classification. They are not intended to be construed as an exhaustive list of all responsibilities, duties,and/or skill required of all personnel so classified. This job description is not an employment agreement and/or an expressed or implied employment contract. Management has the exclusive right to alter this job description at any time without notice. To comply with the Americans with Disability Act(ADA), the City may make reasonable accommodation for qualified individuals with disabilities to enable them to perform the essential job functions. 3 Page 133 Item#10. This is an accurate description of the essential functions of my position. Employee Date Approval: Manager Date 4 Page 134 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Police Department: Fiscal Year 2021 Budget Amendment in the Amount of $4000.00 for Dairy Days Parade Traffic Control Page 126 Item#11. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: June 22, 2021 Presenter: Lt.Jamie Leslie Estimated Time: 10 Mins Topic: Diary Days Parade Traffic Control Recommended Council Action: Mayor/ Council Approval Background: We are requesting a $4,000 increase in our budget for hiring a traffic control company to assist with traffic control during the Dairy Days parade. This will increase the budget from $5,000 to $9,000. Page 127 00 N_ N O) (6 a c i. E a 5 T l6 .yr O O d z z o O❑Q _ 50 N N O • N N l�1 C O ++ Y > C..0 d o o O CV w V S 9 w 11��11 E vo o � H p a 5 E O W W 61 C ~ d CD C W A E E LL 3 �� c� V► U a Z H a o N y m io �q Z m C a T z z E a I c 0 a` _ Q a 9 d LL va tE E _? v e _ (D 4e oo m v v aci t wY c v c F tj 5 O J = 'd 0 C dl N to vl N Vf Vl N N l/� V? V� 1A th VF j� '1 a SQ 0 _ 46 > o S O a cc) O g g av ° L) N 0 c 15 O o N N an yr V} +n to .n {A sA m V- w H d f0 N Oco c c � G CL d �°o x a W N e c Q1 41 0v w C.Lu m Ou O \F E ' mV C - Ont� mY E aaO - L Mm � C N u O mo LL 4) d at F \ d! t W < ✓� Y \ \ \ I?O \ CL `! C U cc y� E q d O LL S } W p 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 4 0 0 0 C, O O O a a a M. 47 0 z d yx 8pp 0 o a , N m n 7L O a u w a N N M 0 0 0 0 N \ \ C Im co d V � ar v� 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 o o o o o 0 0 0 0 0 0 D 0 0 o y o QN A A .-t a G� D .� 's er � � er .� � '+ � ti ti Q H � + � a � C N � � E cN eel ri rl rl rl rl K rl r'1 r-1 r'1 '-I 1"I eY 1'1 r'i .-� rl 'i .4 W !1 rL rl rl ri rl r'I r'I "I 0 0 N N N N N N N N k 0 N N N N N N N N N N N N N 0 N N ry N N N Cw w N N N } ra, U Lc7 � G C c = a •9 a use R d �$ H L � 0 0 0 0 o a 0 o y � o 0 0 0 0 0 0 0 0 0 0 0 0 ;y � 0 0 0 0 0 0 , 3 0 0 o y� a z LL Q,LL LL y LL �+ it, 0 L 45 Item#11. AM City of Meridian FY2021 Budget Amendment Form Prior Yearisj Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2021 2022 2023 2024 2025 Title: Dairy Days Parade/Traffic Control Personnel $ - $ $ $ $ tnstructionsFnrSuhmitting Budget Amendments, Operat'ng $ 4,000 $ $ $ $ > Department will send Amendment with Directors signature to Finance(Budget Analyst(for rewew Cap tal $ > Finance will send Amendment to Council uaison for signature Total $ $ 4,000 $ $ $ $ >Council canon will send signed Amendment to Mayor Total Estimated Project Cost: $ 4,000 > Mayor will send signed Amendment to Finance(Budget Analyst) Evaluation Questions > Ciname(Budget Analyst)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financ:al data referenced above. > Department will add copy of Amendment to Councl Agenda using Novus Agenda Manager 1. Describe what is being requested? We are requested a 4000.00 increase in our budget for hiring a traffic control company to assist with traffic control durin gthe dairy days parade.This will increase the budget j from$5000.00 to$9000.00. 2. Why was this budget request not submitted during the current fiscal year budget cycle? This year there was a switch from using volunteers to hiring staff to provide traffic controi-This wtll increase the safety on the paragde route.Us;ng volunteers was found to be unreliable.We have also increased the number of baracades to be used by teh traffic control company ovdr!ast year- ,r 3. What is the explanation for not submitting this bud et request during the next fiscal year budget Lytle? We have lust recieved the new quote for the 2021 parade.We will be 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant},please include the percentage split. List the amounts and I sources of anticipated additional revenue that will result from approval of this request. General 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the C 's network? Yes or No 8.Is the amendment going to result in the disposal of an asset?Qes or No 9.Any additional e ts? Total Amendment Request $ 4,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget Changes to the original balanced budget may cause*funding shortfall. ......_....._....._.. _...._........_..M.. w..�.. _.....�..,._..........._......._ _... � _ .... Page 138 City of Mendian FY2020 Budget Amendment Form C,%Usersltbasterrechea\AppData\Local\MicrosoftlWindowsl4NetCache\Content.Outlook\6ERPEPYV\Da ry Days Budget Amendment Form Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Police Department Report: Proposed Off-Highway Vehicle Ordinance Page 130 Item#12. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: 6/22/2021 Presenter: Sgt. Brandon Frasier Estimated Time: 10 Minutes Topic: Updated ATV, UTV Ordinance Recommended Council Action: Approve updated Ordinance Background: An ordinance repealing and replacing Title 7, Chapter 5, Meridian City Code, regarding off-highway vehicles, specifically: definitions; operation of off-highway vehicles on public rights-of-way; off-highway vehicle operation regulations; and penalty; adopting a savings clause; and providing an effective date. Page 140 Item#12. E IDIAN:--- IDAHG-. C� MEMO TO CITY COUNCIL From: Walter Steed, Transportation Commission Chair Date: May 18, 2021 Miranda Carson, Coordination Planner Topic: Transportation Commission: Proposed Off-Highway Vehicle Ordinance The Meridian Transportation Commission (TC) recommends that Meridian City Council adopt the attached proposed ordinance regarding Off-Highway Vehicles (OHVs), including golf carts, all- terrain vehicles (ATVs), and utility-type vehicles (UTVs).The proposed ordinance would repeal and replace Meridian City Code Title 7, Chapter 5,which currently pertains only to golf carts. In August 2020,the Meridian Police Department (MPD) brought to the Transportation Commission its concern regarding the lack of clarity in code for the use of ATVs and UTVs on the roadways. MPD reported seeing more people driving these types of vehicles, as well as more golf carts, on the roadways. Idaho Code provisions in effect at the time allowed the operation of UTVs and ATVs on streets that are not designated as "controlled-access highways." This designation was within the purview of the highway authority (in Meridian, the Ada County Highway District (ACHD)), but ACHD had not published or otherwise issued official guidance regarding this designation as to the streets in its jurisdiction. Absent an ACHD designation, police officers, prosecutors, and the magistrate courts were left to interpret the designation as it applied to arterials, collectors, and local roads. There were also conflicting interpretations of the state statutes among UTV/ATV operators, the Idaho Department of Parks and Recreation, which regulates UTV/ATV use on forest service roads and public lands, and law enforcement personnel. Though cities were authorized to restrict or prohibit UTV/ATV use on roads within city limits, Meridian City Code was specific to golf carts and did not address any other type of vehicle. The TC determined that the issue warranted closer review and assigned the matter to the commission's Ordinance &Development Subcommittee. The subcommittee held their first meeting in October 2020 to discuss the issue. The subcommittee was comprised of three (3) commissioners and David Claiborne, President of the Idaho State ATV Association. Staff support was provided by MPD Sergeant Brandon Frasier, and Deputy City Attorney Emily Kane. Following duly noticed public meetings in October 2020, December 2020,and January 2021,the subcommittee prepared an initial draft ordinance that prohibited the use of ATVs and UTVs on public roads in Meridian,with the exception of local streets where an ATV or UTV was being loaded, unloaded, or repaired,tested, or maintained. The subcommittee presented this draft to the TC at its January 4, 2021 meeting, and the TC set the matter for public hearing. P Page 141 Item#12. On February 1, 2 02 1,the TC held a public hearing on the January draft ordinance,and received both written and verbal comments.All public comments received are available here: https://weblink.meridiancity.orglWebLink/Browse.aspx?id=219181&dbid=0&repo=Meri dianCity The public comments were largely in opposition to the proposed restrictions.The TC remanded the matter to the subcommittee for further refinement. The subcommittee reconvened in March and April. At its April 5, 2021 meeting, the subcommittee considered a new draft ordinance that, instead of imposing restrictions on UTV/ATV use, would clarify the State law as it applies in Meridian. Available guidance from ACHD was that "controlled- access highway" included arterials and collectors, but not local roads. The April draft ordinance incorporated this guidance, and stated that OHVs (including ATVs, UTVs, and golf carts) would be allowed to operate on local roads only. At the time, this language reflected, and was no more restrictive than,the current state code regarding UTVs and ATVs. This draft also proposed a change to the existing city code provisions regarding golf carts, by treating them as OHVs, as the state code does, rather than prohibiting them,with specific geographic exceptions. In the meantime, during the 2021 Idaho legislative session, two bills were introduced in the Idaho legislature regarding OHV use in cities. HB 164 included a provision that would allow OHVs on all roads within the state, and remove the authority of local jurisdictions to regulate the use of OHVs within their respective jurisdictions. This bill ultimately did not move forward. HB 129 stated that OHVs are allowed on all roads within the state, but preserved the authority of cities to restrict or prohibit such use by local ordinance. HB 129 was signed by Governor Little on April 13, 2021, and will be effective on July 1, 2021. The impact of HB 129 on the subcommittee's April draft ordinance is that the proposed ordinance is now more restrictive than state law. Under the draft ordinance, OHVs would be allowed on local roads, but prohibited on arterials and collectors. Under state law, absent local action, OHVs are allowed on all roads. The subcommittee presented the April draft to the TC at the TC's May 3, 2021 meeting, with a recommendation that the TC hold another public hearing on the updated draft. The TC reviewed the April draft and following deliberations, voted to move the draft forward to City Council with a "do pass" recommendation. Should City Council agree with this recommendation and wish to consider adoption of the proposed ordinance, pursuant to Idaho Code section 49-426(7), as effective July 1, Council would first be required to hold a public hearing to take testimony on the proposed ordinance, following thirty days' notice of such hearing to the Idaho Department of Parks and Recreation. Thank you for your consideration of this matter. P Page 142 Item#12. RAFT - 5/4/2021 CITY OF MERIDIAN ORDINANCE NO. 21- BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE REPEALING AND REPLACING TITLE 7, CHAPTER 5, MERIDIAN CITY CODE, REGARDING OFF-HIGHWAY VEHICLES, SPECIFICALLY: DEFINITIONS; OPERATION OF OFF-HIGHWAY VEHICLES ON PUBLIC RIGHTS- OF-WAY; OFF-HIGHWAY VEHICLE OPERATION REGULATIONS; AND PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, arterial and collector streets in Meridian have higher speed limits and greater traffic volume, and the use of off-highway vehicles on such public streets presents a risk to drivers of both the off-highway vehicles and other motor vehicles; WHEREAS, operators of off-highway vehicles may more safely use such vehicles on local roadways, so long as such operators follow state and local laws; WHEREAS, as amended by the Idaho Legislature in 2021, Idaho Code section 49- 426(7), effective on July 1, 2021, states that municipalities may, following a public hearing, noticed thirty(30) days in advance to the Idaho Department of Parks and Recreation, may adopt local ordinances regulating the operation of off-highway vehicles on public highways within city limits; WHEREAS, having received public testimony at a public hearing held before Meridian City Council on DATE, which hearing was duly noticed to the public and to the Idaho Department of Parks and Recreation via letter from the City Clerk dated DATE, the City Council of the City of Meridian finds the following ordinance to serve the best interest of the public health, safety, and welfare; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Title 7, Chapter 5, Meridian City Code, shall be repealed, and replaced with language to read as follows: TITLE 7 MOTOR VEHICLES AND TRAFFIC CHAPTER 5 OFF-HIGHWAY VEHICLES 7-5-1: DEFINITIONS: A. Off-highway vehicle ("OHV"): For purposes of this chapter, off-highway vehicle (or "OHV") shall be defined as an all-terrain vehicle, motorbike, specialty off-highway vehicle (e.g., golf cart) or utility type vehicle. Such terms shall have the respective definitions as set forth therefor in Title 67, Chapter 71, Idaho Code and/or Title 49, Chapter 1, Idaho Code. OFF-HIGHWAY VEHICLE ORDINANCE PAGE page 143 Item#12. RAFT - 5/4/2021 B. Public street designations: The Ada County Highway District(ACHD)has designated all public streets in Meridian as arterial, collector, or local streets. All references to such terms in this chapter shall have the meanings and definitions as established by ACHD therefor. 7-5-2: OPERATION OF OFF-HIGHWAY VEHICLES ON PUBLIC RIGHTS-OF-WAY: No person shall operate an OHV on an arterial or collector street within the City of Meridian. 7-5-3: OFF-HIGHWAY VEHICLE OPERATION REGULATIONS: A. It shall be unlawful for any person who is not a duly licensed motor vehicle driver to drive or operate an OHV on a public right-of-way. B. It shall be unlawful to drive or operate an OHV on a public right-of-way while under the influence of alcohol or drugs. C. It shall be unlawful to operate an OHV on a public right-of-way in a careless or heedless manner, or without due caution and circumspection or at a speed or in a manner as to endanger or be likely to endanger any person or property. D. A person operating an OHV on a public right-of-way shall conform to all vehicular traffic controls and shall abide by all traffic laws, rules and regulations, including the liability insurance requirements as set forth in Idaho Code for motor vehicles. E. It shall be unlawful to operate an OHV on a public right-of-way unless such OHV is equipped with all equipment required by state or federal law, including a brake, a parking brake, and a muffler. All equipment shall be in good working order so as to prevent excessive noise and smoke. No person shall use a muffler cutout, bypass or similar device on an OHV. 7-5-4: PENALTY: Any person convicted of a violation of this chapter shall be guilty of an infraction, punishable by a fine of twenty five dollars ($25.00), exclusive of court costs. Drivers operating an OHV on public rights-of-way shall be subject to all state and local traffic laws, rules, and regulations applicable to motor vehicles, and shall be subject to all penalties related to any violation thereof. Section 2. That all City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 52021. OFF-HIGHWAY VEHICLE ORDINANCE PAGE page 144 Item#12. RAFT - 5/4/2021 APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 21 - An ordinance repealing and replacing Title 7, Chapter 5, Meridian City Code, regarding off- highway vehicles, specifically: definitions; operation of off-highway vehicles on public rights-of- way; off-highway vehicle operation regulations; and penalty; adopting a savings clause; and providing an effective date. OFF-HIGHWAY VEHICLE ORDINANCE PAGE page 145