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2022-08-23 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 23, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Treg Bernt ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the August 9, 2022 City Council Work Session 2. Approve Minutes of the August 9, 2022 City Council Regular Meeting 3. Calvary Chapel Treasure Valley Water Main Easement 4. Victory Commons No. 2 Sanitary Sewer Easement No. 1 5. Final Order for Outer Banks Subdivision (FP-2022-0014) by JUB Engineers, Generally Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. 6. Findings of Fact, Conclusions of Law for Brightstar Overland (H-2022-0044) by Hatch Design Architecture, Located at 2940 E. Overland Rd. 7. Findings of Fact, Conclusions of Law for Denial of East Ridge Subdivision (H-2022- 0037) by Laren Bailey, Located North of E. Lake Hazel Rd., Between S. Locust Grove Rd. and S. Eagle Rd. 8. Findings of Fact, Conclusions of Law for Julie Rivers Office Condominiums (SHP- 2022-0009) by Julie Rivers Development, Located at NE Corner of W. Ustick Rd. and N. Linder Rd. 9. Animal Welfare and Enforcement Agreement by and Between the City of Meridian and The Idaho Humane Society 10. Recipient Agreement Between City of Meridian and Meridian Co-Op of Gardeners for Fiscal Year 2022 Neighborhood Grant Funds 11. Recipient Agreement Between City of Meridian and American Legion Post 113 for Fiscal Year 2022 Neighborhood Grant Funds 12. Recipient Agreement Between City of Meridian and Anita Burgess for Fiscal Year 2022 Neighborhood Grant Funds 13. Resolution No. 22-2340: Reappointing Rob McCarvel to Seat 2 of the Meridian Development Corporation, reappointing Kit Fitzgerald to Seat 7 of the Meridian Development Corporation, and appointing Brad Hoaglun to Seat 1 of the Meridian Development Corporation 14. Finance Department: Citywide Fee Updates 15. City of Meridian Financial Report - July 2022 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 16. Public Works: Public Works Week Sponsor Proceeds Donations 17. Idaho Transportation Department District #3 Eagle Road Corridor Update 18. Mayor's Office: Update to City Council on Housing Assistance Program Funded via the American Rescue Plan Act EXECUTIVE SESSION Vacated 19. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. ADJOURNMENT 5:50 p.m. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 9, 2022 City Council Work Session Meridian City Council Work Session August 9,2022 Page 21 of 21 Borton: Mr. President? Hoaglun: Councilman Borton. Borton: Motion to adjourn. Hoaglun: Have a motion to adjourn. All those in favor say -- say aye. All ayes. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) COUNCIL PRESIDENT BRAD HOAGLUN 8-23-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 9, 2022 City Council Regular Meeting Meridian City Council August 9,2022 Page 42 of 42 people understand, again, that's -- we follow what the code allows. The code allows you to do that. We have only put it in historically on the other type, because the hearing was held at a different time. That -- that's really the only reason. Hoaglun: Okay. So, I will let the maker of the motion decide what they want to do. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 22-1989 with the suspension of rules. Strader: Second. Hoaglun: I have a motion and a second to adopt Ordinance 22-1989 with suspension of rules. Mr. Clerk, would you, please, call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Hoaglun: Do we have any future meeting topics? Okay. We are at the final item. Adjournment. Cavener: Mr. President? Hoaglun: Councilman Cavener. Cavener: Great job tonight. Appreciate your leadership. With that I move we adjourn the meeting. Hoaglun: Motion to adjourn. All those in favor signify by saying aye. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8.08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) PRESIDENT BRAD HOAGLUN 8-23-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Calvary Chapel Treasure Valley Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-074305 BOISE IDAHO Pgs=5 CHE FOWLER 08/24/2022 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0205 Calvary Chapel Treasure Valley WATER MAIN EASE THIS Easement Agreement, made this 23rd day of August , 20-22- between y,Inc. ("Grantor"),and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the pretnises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee,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. 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 -Water Main Easement Version 01/01/2020 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: C-F � , ?,e5i�eA STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on_AtA 5 - date) by_Dow.j 120,rt.w,ah (name of individual), (complete the following ifsrgning in a representative capacity, or strike the fallowing if signing in an individual capacity] on behalf of calvary Chapel Treasure Va4ey,Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: iPr?s n {type of authority such as officer or trustee) (stamp) Notary Signature o�•`'G�,`loa0L4�,1'•,•.,� My Commission Expires:Tl 12lp f 2,3 jyoTARY o "" 9 " $ pUB LIG o Qoe��so: �e oo aDop000 o�% Water Main Easement Version 0I/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 8-23-2022 Attest by Chris Johnson, City Clerk 8-23-2022 STATE OF IDAHO, ) : ss_ County of Ada ) This record was acknowledged before me on 8-23-2022 (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: 3-28-2028 Water Main Easement Version 01/01/2020 Exhibit A Legal Description City of Meridian Water Easement Calvary Chapel Treasure Valley An easement being located in the NE '/ of the NW'/ of Section 4, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northeast corner of said NW%, from which an Aluminum Cap monument marking the northwest corner of said NW'/bears S 89°56'26" W a distance of 2651.70 feet; Thence along the easterly boundary of said NW'/4 S 0°37'05" W a distance of 236.95 feet to a point; Thence leaving said boundary N 89°22'55" W a distance of 161.91 feet to the POINT OF BEGINNING; Thence a distance of 3.57 feet along the arc of a 323.50 foot radius non-tangent curve left, said curve having a central angle of 0°37'59" and a long chord bearing S 9010'53" E a distance of 3.57 feet to a point of reverse curvature; Thence a distance of 16.46 feet along the arc of a 276.50 foot radius curve right,said curve having a central angle of 3°24'40" and a long chord bearing S 7047'33" E a distance of 16.46 feet to a point; Thence S 78°39'47"W a distance of 10.38 feet to a point; Thence N 90°00'00" W a distance of 125.02 feet to a point; Thence N 0°00'00" E a distance of 20.00 feet to a point; Thence S 90°00'00" E a distance of 123.03 feet to a point; Thence N 78°39'47" E a distance of 9.55 feet to the POINT OF BEGINNING. This easement contains 2,682 square feet (0.062 acres) and is subject to any other easements existing or in use. \o�At LgN,s Clinton W. Hansen, PLS � Land Solutions, PC o July 06, 2022 Q11118 of 2T�Nw . '�A� L-nr��I� ' �Sd Jwirrn Poiema Subdiviison �-� WdSurv&ng and Coniwdng Meridian water Easement Job No.20-75 Page 1 of 1 Exhibit B CITY OF MERIDIAN WATER EASEMENT CALVARY CHAPEL TREASURE VALLEY LOCATED IN THE NE 114 OF THE NVV 114 OF SECTION 4,T.2N., R.1 E., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO I 32 33 BASIS OF BEARING E. FAKE HAZEL RD. S89'56'26"W 2651.70' - - _ 33 1/4 5 4 y T I - pt �� POINT OF N ( BEGINNING 0 N78'39'47" w 1 9.55' 123. o-N I w 03' I�161.9i'_I �I oo $90'00'00"E_ 11.22;55"W -pp o L---___--- c1 z"' N9125.0 ' C2 125.02' I M I � S78'39'47"1Y 10.38' 2,682 SF / 0.062 ACRES N �g r I M{ Sueo�vtsloN t pRonsf ppl MA I I I �l I `oaNl~1_A Nos T 1/4 a 11118 (L-44�w� W.VJ NPR 0' 75' 150' 300, O CURVE TABLE a CURVE # LENGTH RADIUS DELTA BEARING CHORDLand lolulffollS C1 3.57' 323.50' 0'37'59" S9'10'53"E 3,57' Land Surveying and Consulting 231 E,STH ST,STE.A C2 16.46' 276.50' 3'24'40" S7'47'33"E 16.46' MERIDIAN,ID 83842 (208)288.2040 (208)288.2557 fax vnwv.landsoluiians.bit JOB 117.20-75 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Victory Commons No. 2 Sanitary Sewer Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-074306 BOISE IDAHO Pgs=6 CHE FOWLER 08/24/2022 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0132 Victory Commons No 2 Sanitary Sewer Easement No. 1 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 23rd day of'Au ust, 20 22 between Kuna Victory, LLC ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises' and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) ' The easement hereby granted is for the purpose of construction :and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that - after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor 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. Sanitary Sewer Easement REV.01/01/2020 i HE 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: KUNA VICTORY,LLC By: BV Management Services,Inc.,an Idaho corporation, Manager ` By: Cortney Lrddiard,Yresid t STATE OF IDAHO ) ) s County of Bonneville) This record was acknowledged before me on_� �� (date) by_Cortney Liddiard (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 Kuna Victory,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President of the Manager (type of authority such as officer or trustee) (stamp) BRANDI LOVE Notary Signature COMMISSION NO, 37925 My Commission Expires:_1 �\ -\a `Dy NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES OQ12126 Sanitary Sewer Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-23-2022 Attest by Chris Johnson, City Clerk 8-23-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-23-2022(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: 3-28-2028 Sanitary Sewer Easement REV. 01/01/2020 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 Tel: 208.895.2520 i www.horrocks.com �l O R. R O C K S 1: N G I N l- F R pt1A� 0 Date: September 21, 2021 �c5� �JCENSF Project: ID-1402-l 810 Page: 1 of 2 N 01-31-22 0 ROB Of ,off N EXHIBIT A WRIT VICTORY COMMONS NO.2 SEWER EASEMENT This easement is situated in Government Lot 4 of Section 19, Township 3 north, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, located in a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 12,282 and a portion of Parcel B of Record of Survey No. 8669, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Government Lot 4, from which the northwest corner of said Government Lot 4 bears N.00°38'36"E., 1330.30 feet; thence along the west boundary of said Lot 4, 1) N.00°38'36"E., 490.09 feet, thence leaving said west boundary; 2) N.89°42'17"E., 70.00 feet to the southwest corner of Parcel B of said Record of Survey No. 12,282, thence along the south boundary of said Parcel "B"; 3) N.89.42'17"E., 211.12 feet to the southeast corner of said Parcel "B", thence along the south boundary of Parcel "A" of said Record of Survey No. 12,282; 4) N.89.42'17"E., 53.09 feet a westerly corner of said Parcel "A", thence continuing along the west boundary of said Parcel "A"; 5) S.00°38'36"W., 169.53 feet to the northwest corner of Parcel "B" of said Record Of Survey No. 8669 and the POINT OF BEGINNING, thence along the north boundary of said Parcel "B"; 6) S.89°04'23"E., 24.33 feet, thence leaving said north boundary; 7) N.00°38'28"E., 27.75 feet, thence; 8) S.89°21'32"E., 20.50 feet, thence; 9) S.00°38'28"W., 27.85 feet a point on the north boundary of Parcel B of said Record of Survey No. 8669, thence leaving said north boundary; HAD 1402 Victoiy Commons/Project Data/04 Survey/4.02 Descriptions and Exhibits\Working\Exhibit A SHERWIN-WILLIAMS Water Esmt 081 120 Date: September 21,2021 Project:ID-1402-1810 Page: 2 of 2 10)S.00°38'28"W., 35.27 feet, thence; 11)N.89004'24"W., 44.71 feet to a point on the west boundary of Parcel `B" of said Record of Survey No. 8669,thence along the said west boundary; 12)N.00.26-27"E., 35.27 feet to the northwest corner of said Parcel "B"and the POINT OF BEGINNING. HAD 1402 Victory Commons/Project Data/04 Survey/4.02 Descriptions/Parcel A PBA 012200 S16 VICTORY COMMONS s-24 s-19 SEWER CONNECTION EASEMENT 3 r 59.03' 211.12' Q O N89°42'17"E O O 1 N F. NOT TO SCALE � Q' TN89°42'17"E z 70.00'If ch U? OG V M - v P.O.C.-POINT OF COMMENCEMENT W Q M I 30 5�,� X\ S89°21'32"E Pe Ok H ch J5 ���\0 I 20.50' (V Q Ik P.O.B.-POINT OF BEGINNING f Q? W VO �GpP\,� NO°38'28"E PQGGO��Gy�y FOUND BRASS CAP MONUMENT 9JR 27.75' Q �� \?J y L o CALCULATED POINT o co S89°04'23"E 0 24.33' O FOUND 5/8 REBAR tlS0'38'28"W 0 2 0 27.85' e rn x v SO°38'28"W 35.27' fL �GENS NO°26'27"E� 35.27' 44.71' s I rA 9 } N89°04'24� 01-31.22 0 E s S-24 S-1P.O.C. J s-25 s-in E. VICTORY RD HORROCKS M ::,- tl WARNING DRAWING INFO ' ill�ll:- a DATE 12l17/21 EN`° INBHR $ Q rz EXHIBIT B scALE N.T.S. flEVtl D7rzY10 2775 NRNgRI°r Dl..Sidle 210 IF THIS BAR DOES NOT Witlian,10 89842 MEASURE I'THEN OR- 00� IS NOT TO SCALE GOV'T LOT 4, SECTION 19, T2N., R.1 E., B.M. SE2, EE0.OkU1S➢N G wB1 B92520m PRI ND 8 II PAGE W IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Outer Banks Subdivision (FP-2022-0014) by JUB Engineers, Generally Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 8/9/2022 ORDER APPROVAL DATE: 8/23/2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 24 BUILDING ) CASE NO. FP-2022-0014 LOTS AND 2 COMMON LOTS ON ) 36.07 ACRES OF LAND IN THE R- ) ORDER OF CONDITIONAL 40 & C-C ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT OUTER BANKS SUBDIVISION. ) BY: J-U-B ENGINEERS, INC. ) APPLICANT ) This matter coming before the City Council on 8/9/2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING OUTER BANKS SUBDIVISION, LOCATED IN THE NORTHEAST '/4 OF THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OUTER BANKS FP-2022-0014 Page 1 of 3 7/14/2022, by MICHAEL S. BYRNS, PLS, SHEET 1 OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated 8/9/2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OUTER BANKS FP-2022-0014 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 23rd day of August , 2022. By: Robert E. Simison 8-23-2022 Mayor, City of Meridian Attest: Chris Johnson 8-23-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 8-23-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR OUTER BANKS FP-2022-0014 Page 3 of 3 EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 8/9/2022 Legend DATE: ff I�Project Lacfli�ar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 �f SUBJECT: FP-2022-0014 Outer Banks—FP k LOCATION: Generally located at the southwest corner 000, of W. Franklin Rd. & S. Ten Mile Rd. at 75 S. Ten Mile Rd.,in the NE 1/4 of Section 15,T. 3N.,R.IE. t I. PROJECT DESCRIPTION Final plat consisting of 24 building lots and two(2) common lots on 36.07 acres of land in the R- 40 and C-C zoning districts for Outer Banks subdivision. II.APPLICANT INFORMATION A. Applicant: Wendy Shrief,JUB Engineers—250 S Beechwood Ave, Ste. 201,Boise,ID 83709 B. Owner: 10 Mile Franklin,LLC—837 Jefferson Blvd.,West Sacramento, CA 95691 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2021-0063) and associated conditions of approval as required by UDC 11-6B-3C.2. There are the same number of buildable lot and common open space depicted on the proposed final plat as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 V.EXHIBITS A. Preliminary Plat(date: 12/8/2021) PRELIMINARY PLAT FOR { OUTER BANKS SUBDIVISION STATED N THE NORTHEAST QUARTER OF THE NORTMERST U.PMER CIF SECTION 1E, V ov xc T44YHSNIP3NORIHI.P+W+GER Wf6T.691SEnEPo04W .ra.,�,,. 4 w i 5 ELK VENTURES vT --• 2021 g•� w e SHEET LIST TABLE J rx�.ui is ' ____,T Iw-oi Rouww•.,wo raa,ccT.�DR..Tq..1 '� 2 - - _ - Ps-w P�Nwrr seaTR Pun -�•n� .-1 -- a. 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PP-01 Page 3 B. Final Plat(date: 7/18/2022) Plot xw w s' Outer Banks S 9 ubdivision ' Situated in the Northeast Quarter of the �z ynnM se>�roe mz c. Northeast quarter of Section 15, Tow 3 dlan srr Township North,Range 1 West,Boise Meri , _—_—_ _---_—_ — City of Meridian,Ada County.Idaho. aim 2022 ra LB_ _u r-' IV L-------r `-- i I i� 7Cr' " svwa --------- - -------- -- - ------ ------ „xi• " IL I � _____ ____________Z j__- ,_______-i n r I r r S \ :\ -°----- ------- 6 — — M I, r r ---'r r I I� I� I uer/rs rvsa,sox w rxaa.3r a x,/r6 Book etwPaga Iu9 IDAHO SURVEV sn..tp,21°tss� GROUP,LLC Outer Banks Subdivision rrn6 er, --------- ----- _ _ __ __ _ _ k W _'___.,zr..e--f--------------- __—v,m ------------- set--- —6zwtr• ,e s= O s O e" O°xor.rr w J� I--, ®,... , A ig- e,d Q O I I �_,,�3.e, h.,.• F ----- ------- u i t •. �. a j a I I .•.` e,�r a m I I r •n I w � I r r \w ____ _______________ ____________ I A' �,axa •4sy ' I pp6'J-L__eO_______�'9xi. ____O-sn«t a_ eJ g 6 (e?m \ �r �.� Pa Book Page n p IDAHO so' SURVEY Sneet P'sf6 GROUP.LLC Page 4 Outei-Banks Subdivision 7.3 @ ——-———————————J- -——————--——— -—————— —————--- -———————————J- L—————————————————— ————————————— ———————————- -—————————- ————————————--—— —- 0 IJ Zlz 1.1,7% Al SURVEY IDAHO GROUP,LLC Outer Banks Subdivision �Jo�1 �2L t.=., .4 lt.*., T 7L j;7 2-7- s—t LLC Page 5 C. Landscape Plan(date: 7/21/2022) _ __ -. BHEEF L 8 1 p �•�— FEW Z O } aHetrLa.Tp 1.le-3.5P 0 nei ._����- ego�.t.�.�^t �• SHEET -ma c o e n a FRANKL ROAD } �I NUT A PART NOT A PART y NOT PART connnnEHaAL ^. I 40 LEEa .: - TowTae:a,o�aeaa�p�r�.w9n.s� —�---- I=BANKLIN ROAD NOT A PART , N()TA FART �� I coon nnEac nL � �1-01139- a RANKLIN ROAD - Y NOT PART A PART u nn NOTA PART S E Lszi ..1.. ... 1Z.! O OME O F j }I 00 —®�mm� mm..�®_Y • �.— w ........_..� P.v.�fetlg IJe 9 Fan'din.s9 .....—..—... SHEET I Page 6 .T.T VT�T TrFWIVIILIIV YIVHV T = F Lrti p �Fprgmrr 4 NOT A PART I yp• 1COMM cs - I gyp_ II 9 a R LL� �g t � t W I Z I 42 , >_ N I I N } C y G6 Y A�� - .................. o FF;sREET _a SHEET L-3 LT.. I. ........... -3 II •� �....vmm OSR 2 30 I ay F C 4 U I =a 0 �0 it I a 7 W C 3 Q N � s ~ 8„ z Y �� m as � fill < nL-33p :faf�fo —Ef,fef„— Page 7 .t xt�tx t E t.taut,t 1I1:1 i E 0 W o I ,�•.g 9 �I. � w I jl i� •y J I of II o a 3 rl �MM N I Y �QI I: C — W c o o p m m`uA �p L LLE— �, F .5 G1 °z= °asE ..xx,GxE.x..x,.�xx,� ,• L-3.4p f SHEET I I � O X s u • lo y 4� — m e E L s ease ei � „im.i.f lsb�w€ H .e Ana ays7 Q ��f i rma o-xgxeox aox°cooan_ai bae� Page 8 i e — .g — - o 0 > i a E.i a o _ zav II --ass . ♦ _�' Y�_.,-.m,-��.re,:._®_e-•.s rr�xi ao..a�e�m� �..ae a,,s � 5 L-3.604 a NOT A PART NOT A PART NOT, o . e � °•u-�=; wa a�mc r;w.�xv 5 '.�.+;�, v:.:s*, .7s..-: }-9r'�^k s�,,..:.p�u -�,� _ ,..a'€f_;. COBALTORIVE - --`- - - - -- ,^ �44 it LL3 8 o� 4 E O of E ==7 —- L-3.7p Page 9 D. Public Art-Conceptual Plan #. ---------------- - - a � r PUBLIC ART CONCEPT ABSTRACT ' � '� -.- ___ _ __ __ 'l MONUMENT SIGN,TYPICAL TWO LOCATIONS IL ` Lu PUBLIC ART CONCEPT ILLUMINATION FUR", RIBHCARTCONCEPL-FORM&TEIRURE PUBLIC ART CONCEPT-MOVEMENT PUBLIC ART CONCEPT-INTERACTIVE OUTER BANKS SUBDIVISION 6amp..p, LIL1� MASTER SITE PLAN-PUBLIC ART LOCATIONS 7100a A MIXED USE COMMUNITY-MERIDIAN,IDAHO 20013 07 x2022 yam smetwuvrmrrE su�3so rrse�nuF.uaseai •ieie�ezrmo m�a.a� Page 10 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development [H-2021-0025 (DA Inst. #2021-132704);H-2021-0063]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of approval of the preliminary plat(by January 11, 2024); or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Idaho Survey Group, LLC, shall be revised as follows: a. Note#5: Include W. Cobalt Dr. in the note. b. Graphically depict all street buffers in a common lot or on a permanent dedicated buffer with a note stating they shall be maintained by the property owner or business owners' association, as set forth in UDC 11-3B-7C.2b. Required street buffers are as follows: minimum 25 feet wide along W. Franklin Rd., an arterial street; minimum 35 feet wide along S. Ten Mile Rd., an entryway corridor; and minimum 20 feet wide along W. Cobalt Dr., a collector street. Street buffers are measured from the back of sidewalk where attached sidewalks are provided and from the back of curb where detached sidewalks are provided per UDC 11-3B-7C.1 a. c. The street section for Cobalt Dr. shall include(2) 11-foot wide travel lanes, 6-foot wide bike lanes, 8-foot wide parallel parking,curb, gutter, 8-foot wide planter strips(i.e. tree lawn/parkway)and detached 6-foot wide sidewalks consistent with Street Section D in the TMISAP(see Pg. 3-21). Parallel parking shall be located to the west of the horizontal curve for Cobalt Dr. and be located beyond the sight distance required for the access proposed on Cobalt Dr. as required by ACHD. Submit street section that demonstrates compliance with this condition. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan shown in Section V.C, dated 4/14/22, shall be revised as follows: a. Include shrubs, along with the trees and lawn or other vegetative groundcover,within the required street buffers as set forth in UDC 11-3B-7C. The minimum required street buffer widths are as stated above in condition#4b (additional width may be provided);the correct buffer widths should be depicted in the Landscape Calculations tables. b. Depict&dimension a minimum 8-foot wide tree lawn along S. Ten Mile Rd. and W. Franklin Rd. and pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP (see pg. 3-22). Include a detail of the proposed pedestrian lighting.Clearly depict the location of curb and sidewalk on the plans. c. Depict&dimension a minimum 8-foot wide tree lawn along W. Cobalt Dr. with street lights in the dry utilities corridor on either side of the street consistent with Street Section D in the TMISAP (see pg. 3-23). Clearly depict the location of curb and sidewalk on the plans. Page l l d. Depict&dimension a minimum 6-foot wide detached sidewalk within the street buffer along S. Ten Mile Rd. consistent with Street Section A in the TMISAP (see pg. 3-20). A 10-foot wide pathway is preferred based on ACHD's adopted Livable Streets Performance Measures but not required. An electronic copy of the revised plan shall be submitted with the final plat for City Engineer signature. 6. The subject property shall be subdivided prior to issuance of the first Certificate of Occupancy for the development as set forth in the Development Agreement(Inst.#2021- 132704,provision#5.1d). 7. The entirety of Cobalt Dr. from the east to the west property boundary, on-site and off-site, shall be constructed prior to or with the first phase of development in accord with the specifications noted herein. 8. All development shall comply with the dimensional standards for the R-40 and C-C zoning districts listed in UDC Tables 11-2A-8 and 11-2B-3, respectively. In the case where a wider easement exists, a greater setback may be required. 9. All ditches are required to be piped in accord with UDC 11-3A-6A unless waived by City Council or used as a water amenity or linear open space. City Council approved a waiver to UDC 11-3A-6B.3 to allow certain sections of the Kennedy Lateral to remain open as approved with the preliminary plat. 10. A Certificate of Zoning Compliance and Design Review application shall be submitted for each structure(or group of structures if desired)and approved prior to submittal of application(s)for building permits. The plans submitted shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) and the design standards in the Architectural Standards Manual(see the Application of Design Elements matrix on pg. 3-49 of the Plan)as required by the Development Agreement. The commercial portion of the development should incorporate similar design elements, colors and materials as the residential portion of the development. 11. Public art shall be provided within the development in accord with the plan in Section V.D, consistent with the Development Agreement and the TMISAP (pg. 3-49). 12. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Easements are not showing up on sheet C-013 in the pd£ Ensure that all required easements are provided. 2. A streetlight plan will be required. Streetlights along Cobalt Dr are required. 3. End of the line requires minimum of 0.6% slope. Sheet C-209 and C-212 should be adjusted accordingly. Flow is committed. General Conditions: 4. 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. Page 12 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 17. 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. 18. The engineer shall be required to certify that the street centerline elevations are set a Page 13 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. 19. 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. 20. 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. 21. 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 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. 22. 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. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 25. 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. 26. 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. Page 14 27. 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 15 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Brightstar Overland (H-2022-0044) by Hatch Design Architecture, Located at 2940 E. Overland Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI �N,, AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(AZ-05-019 Dorado Subdivision—Inst.#105127512)to Include Residential Care Facilities as an Allowed Use on the Site,by Hatch Design Architecture. Case No(s). H-2022-0044 For the City Council Hearing Date of: August 9,2022 (Findings on August 23,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 9, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 9,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 9, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 9,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 9,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of August 9,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 9, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044 -2- By action of the City Council at its regular meeting held on the 23rd day of August 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 8-23-2022 Attest: Chris Johnson 8-23-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-23-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHTSTAR OVERLAND AKA DORADO SUBDIVISION H-2022-0044 -3- EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING August 9,2022 Legend DATE: ff IProjec-t Lucaficr. I TO: Mayor&City Council �U FROAM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2022-0044 Brightstar Overland(aka Dorado R1 Subdivision) e a LOCATION: 2940 E. Overland Rd., in the SE 1/4 of C_C Section 17,T.3N.,R.IE. R-� IPJZ I. PROJECT DESCRIPTION Modification to the existing Development Agreement(AZ-05-019 Dorado Subdivision—Inst. #105127512)to include residential care facilities as an allowed use on the site. II. SUMMARY OF REPORT A. Applicant: Steve Thiessen,Hatch Design Architecture—200 W. 36t'St., Garden City,ID 83714 B. Owner: Devin Morris,Alturas Capital Partners—500 E. Shore Dr., Ste. 120,Eagle,ID 83616 C. Representative: Jeff Hatch,Hatch Design Architecture—200 W. 36th St., Garden City, ID 83714 III. NOTICING City Council Posting Date Notification published in newspaper 7/24/2022 Notification mailed to property owners within 300 feet 7/22/2022 Applicant posted public hearing notice on site 7/29/2022 Page 1 EXHIBIT A Nextdoor posting 7/29/2022 IV. STAFF ANALYSIS The existing Development Agreement(DA))(AZ-05-019 Dorado Subdivision—Inst. #105127512, amended with H-2016-0131 —Inst. #2017-007434)is proposed to be amended to include residential care facilities as an allowed use on the site(Lot 1,Block 1,Dorado Subdivision). This will be the second addendum/modification to this DA. A provision(#5.1.6)of the original DA limits uses within the overall Dorado Subdivision to restaurant,retail,hotel,banks and office uses. The applicant proposes to amend this provision to include residential care facilities as an allowed use. Per UDC Table 11-2B-2,residential care facilities are listed as a conditional use in the C-G zoning district and are subject to the specific use standards listed in UDC 11-4-3-29. Approval of the proposed modification to the DA will allow the Applicant to submit a conditional use permit application for the proposed use and proceed forward with development if approved. Single-family residential uses exist to the north of this site and across S. Loder Pl.to the west in Overland Way subdivision.Due to the residential nature of the proposed use, Staff is of the opinion it would be an appropriate use adjacent to existing residential uses. Therefore, Staff is supportive of the proposed amendment to provision#5.1.6 of the DA, as follows: "Allowed uses are restaurant,retail, hotel,banks, office,and residential care facilities." V. DECISION A. Staff: Staff recommends approval of the modification to the DA with the change noted above in Section IV. C. The Meridian City Council heard this item on August 9,2022. At the public hearing,the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Jeff Hatch b. In opposition:None c. Commenting: None d. Written testimony: Jeff Hatch e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Denial of East Ridge Subdivision (H- 2022-0037) by Laren Bailey, Located North of E. Lake Hazel Rd., Between S. Locust Grove Rd. and S. Eagle Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, E DECISION,AND AND ORDER I D A H O Date of Order: August 23, 2022 Case No.: H-2022-0037 Applicant: Laren Bailey In the Matter of. Request for a development agreement modification to remove single-level limitation on single-family residences within Impressive East Ridge Subdivision No. 2 and No. 3 (Village Product Area). Pursuant to testimony and evidence received regarding this matter at the public hearing before the City Council of the City of Meridian ("City Council") on August 9, 2022, as to this matter, the City Council enters the following findings of fact, conclusions of law, decision, and order. A. Findings of Fact. The City Council finds that: 1. The facts pertaining to the Applicant's property("Property"), the Applicant's request, and the process are set forth in the staff report for Case No. H-2022-0037, which is incorporated herein by reference. 2. The Property is encumbered by an existing development agreement (Instrument No. 2018-052339, Instrument No. 2019-021791, and Instrument No. 2021-025636, collectively referred to as the "Development Agreement"). 3. Pursuant to Section 5.1(g) of the Development Agreement, "All product in the Village [Product Area] is to be single level with a maximum roof height of 25 feet." 4. The Applicant wishes to amend the Development Agreement to remove to the single-level restriction in order to facilitate the construction of single-family residences with second- story bonus rooms. 5. The Applicant's request is described in the staff report for Case No. H-2022-0037, which is incorporated herein by reference. 6. The City Council held a public hearing on August 9, 2022, and received testimony from the Applicant and the public centering on whether allowing second-story bonus rooms would be compatible with adjacent homes in Impressive East Ridge Subdivision No. 1 and Lavender Heights Subdivision No. 2. 7. Removing the single-level restriction is inconsistent with the Applicant's original proposal for the Village Product Area, as previously approved by the City Council and reflected in the Development Agreement. 8. Removing the single-level restriction would result in a less desirable transition between the Village Product Area and the adjacent homes in Impressive East Ridge Subdivision No. 1 FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Laren Bailey—Case No.H-2022-0037 Page 1 and Lavender Heights Subdivision No. 2 due, in part, to the massing of structures that would create a"wall effect" and the impact of second-story windows on privacy and tranquility. 9. The Applicant has failed to demonstrate that the proposed modification, which would allow for second-story bonus rooms, is superior to the existing Development Agreement. 10. Based on the foregoing, it would not be in the City's best interest to modify the Development Agreement. B. Conclusions of law. The City Council concludes that: 1. The City Council takes judicial notice of the Unified Development Code of the City of Meridian("UDC"), codified at Title 11, Meridian City Code; all current zoning maps; and the City of Meridian Comprehensive Plan. 2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. 3. A development agreement is a binding contract. Wylie v. State, 151 Idaho 26, 32, 253 P.3d 700, 706 (2011). The legal effect of a development agreement is determined by the plain meaning of the agreement. Id. 4. A decision to modify a development agreement shall be made by the City Council. UDC § 11-5B-3(F)(2). 5. The City Council may modify an existing development agreement, but it is not required to do so. UDC § 11-513-3(F)(2). The City Council may deny a request to modify a development agreement if the proposed modification is not in the best interest of the City. See id. 6. Courts in the Fourth Judicial District of the State of Idaho have held that a City Council's decision to approve or deny a request to modify a development agreement is not subject to judicial review.Brown v. City of Meridian, CVO 1-19-06894, slip op. at 12 (District Court of the Fourth Judicial District of the State of Idaho, County of Ada, Nov. 11, 2021). C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby denies the Applicant's request to modify the Development Agreement because the proposed modification is not in the best interest of the City. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. E. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code section 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code section 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Laren Bailey—Case No.H-2022-0037 Page 2 F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 23rd day of August, 2022. Robert E. Simison 8-23-2022 Mayor Attest: Chris Johnson 8-23-2022 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Laren Bailey—Case No.H-2022-0037 Page 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Julie Rivers Office Condominiums (SHP-2022-0009) by Julie Rivers Development, Located at NE Corner of W. Ustick Rd. and N. Linder Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Short Plat request to condominiumize eight(8) office buildings for ownership purposes,by Julie Rivers Development. Case No(s). SHP-2022-0009 For the City Council Hearing Date of: August 16,2022 (Findings on August 23, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 16,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 16, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 16, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 16, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 16,2022,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(JULIE RIVERS OFFICE CONDOS-FILE#SHP-2022-0009) - I - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 16,2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(JULIE RIVERS OFFICE CONDOS-FILE#SHP-2022-0009) -2- Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 16, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(JULIE RIVERS OFFICE CONDOS-FILE#SHP-2022-0009) -3 - By action of the City Council at its regular meeting held on the 23rd day of August 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 8-23-2022 Attest: Chris Johnson 8-23-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-23-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(JULIE RIVERS OFFICE CONDOS-FILE#SHP-2022-0009) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/16/2022 Legend DATE: Project Location R-4 TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner RUT RUT � 4 208-884-5533 R, S. 8 SUBJECT: SHP-2022-0009 ® C-C - RT Julie Rivers Office Condominiums R1 U C-NC-C a o R-15 LOCATION: Project is located at the northeast corner R1 p ® TN-R R�4 9e ®o of N. Linder Road and W.Ustick Road. Rr81 ® RUT R-8 RUT 1. PROJECT DESCRIPTION Short Plat request to condominiumize eight(8)office buildings for ownership purposes,by Julie Rivers Development. II. APPLICANT INFORMATION A. Applicant: Justin Waters,Julie Rivers Development— 1716 N. Stagno Bello Place,Eagle,ID 83616 B. Owner: MRS Landholdings,LLC— 1716 N. Stagno Bello Place, Eagle, ID 83616 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 7/31/2022 Radius notice mailed to property owners within 500 feet 7/28/2022 Page 1 Posted to Next Door 7/29/2022 IV. STAFF ANALYSIS The proposed short plat depicts subdivision of air space within eight(8) separate office buildings that are currently under construction and located on the same property at the northeast corner of the Linder and Ustick intersection. The proposed short plat aims to create 32 separate office condominium units for fixture ownership purposes—each building contains four(4)tenant suites so 8 times 4 gets us to the 32 office condo units. According to the Applicant, all of the previously approved project elements are remaining with no anticipated changes; none are proposed with this application. The subject site obtained CZC and DES approval for each building in 2021 (Sawtooth Landing CZC Building,A-2021-0106 &A-2021-0133- 0138)with all associated building permits being approved and most buildings currently under construction. In addition,the property received Development Agreement Modification approval in 2021 to update the concept plan(H-2021-0016); the subject application is in compliance with these previous approvals. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and deems the short plat to be in compliance with said requirements. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. B. The Meridian City Council heard these items on August 16,2022. At the public hearing, the Council moved to approve the subject Short Plat request. 1. Summary of the City Council public hearing: a. In favor: Mark Bigelow,Applicant:Justin Waters.Applicant Representative b. In opposition:None c. Commenting: Justin Waters d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Exterior design of buildings to match what is shown in presentation: Type of condo plat,i.e. who maintains the exterior of the buildings if dozens of owners=Applicant states only interior of buildings are sold and the business HOA will own and maintain the site and exterior of the buildings. 4. City Council change(s)to Commission recommendation. a. None Page 2 VI. EXHIBITS A. Short Plat(date: June 9,2022) Plat Showing Julie Rivers Office Condominiums x Located within the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, CFdtl City of Meridian, Ada County, Idaho. /4 2022 � S35�S38 pEs went �I� unpmltaa I F I 6'� �'eyT'E g s rzo - 586'4eyYE ezaee' ®' "t e�e°m�"' ��O � TT Scale: 1'=40• � ,zm• am 9ultllny a Building] Nu Adlna 8 eutltlm9 5 's ---- --I L- -----j L-------------U L--------- 14 = s r ------------� r-------s t— ----� r------------- n Buitlfn9 1 6ugdn9 2 9uitllo9 3 i eu114irrg 4 TT ti ' f✓/ 1ff�11�11f1�1Ew NN'IL'00'W _ ____________________________----_---____-- P2. 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V�'M qqa ------------------------- ---------------- ------------------------- Bddlin,Smfl,n lt e1v f LNi Book pog. IDAHO SURVEY "t 2 of GROUP,LLC Page 4 B. Previously Approved Plans (A-2021-0106) rI M4� 11111 11 —n- I I 11 17M 1 11 11 111 ij--Zllt� In I I t I I 44-5�1 Usfick Road Sawt oth landing V5 V PP Om- C-dDminiumi LIN . .............. .... . ...... L I I I I I I I I P ...... .... ......mi % % Ir. IT Ustick Road —T Page 5 Page 6 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2021-0016 (MDA);A-2021-0106 (CZC for building 4 and overall site); A- 2021-0133 —0138 (CZC for buildings 1-3 and 5-8). 2. If the City Engineer's signature on this plat has not been obtained within two (2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, obtain the signatures of the Ada County Highway District and the Central District Health Department. 4. The short plat prepared by Idaho Survey Group,LLC,prepared on June 9,2022 by Cody McCammon, included in Section VI.A shall be revised as follows: a. Note#8: Include recorded instrument number. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Condominium Declaration for condo owners must state the following: a. Association.Julie Rivers Office Condominiums at Sawtooth Landing Association,Inc., an Idaho non-profit corporation organized pursuant to the Idaho Nonprofit Corporation Act,its successors and assigns, of which all Owners shall be members,which corporation shall be the governing and administrative body for all Owners for the protection,preservation, upkeep,maintenance,repair,operation and replacement of the common elements, and the government,operation and administration of the Condominium and the Condominium hereby established. b. Limited Common Elements. The Limited Common Elements,being those Common Elements which are hereby designated as reserved for the use by specified Owners to the exclusion of others, consist of the following(if any): air handlers,pipes, ducts, electrical wiring, communication equipment, conduits, chutes, flues, ducts,wires,plumbing fixtures,bearing walls,bearing columns or other fixtures are partially within and/or partially outside the designated boundaries of a Unit,that portion serving only that Unit is a Limited Common Element;however,that portion serving more than one Unit or the Common Elements is a part of the General Common Elements c. Utilities. Each Owner shall bear the cost of any utility service for his or her Unit which is individually metered and billed directly by the utility company furnishing such service to such Owner. Except to the extent such costs are borne by each Owner as set forth in the preceding sentences,the cost of water, electricity,gas,trash removal and any other utility service shall be a Common Expense. With the exception of common ownership with other Owners,no Owner shall be deemed to own the utilities which run through his or her Unit and serve one or more other Units. Page 7 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. 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. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-14B. 13. Compaction test results shall be submitted to the Meridian Building Department for all building Page 8 pads receiving engineered backfill,where footing would sit atop fill material. 14. 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. 15. 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. 16. 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. 17. 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 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. 18. 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. 19. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 20. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 21. 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. 22. 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. Page 9 23. 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. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed-Use Community and the current zoning district of the site is C-C. City Council finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to this property and are adequate to serve the building sites currently under construction. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; City Council finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; City Council finds that the development will not require major expenditures for providing supporting services as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed short plat to condominiumize the existing or approved structures will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. City Council is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Page 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Animal Welfare and Enforcement Agreement by and Between the City of Meridian and The Idaho Humane Society C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: August 23, 2022 Presenter: Bill Nary, City Attorney Estimated Time: .1 minutes Topic: Animal Welfare And Enforcement Agreement by and between the City of Meridian and The Idaho Humane Society Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: Pursuant to presentation by the Idaho Humane Society at City Council's June 7, 2022 meeting,this agreement establishes IHS's duties and commitments for the provision of animal control, shelter services, animal code enforcement, animal welfare, fee collection, reporting, and dog licensing, in fiscal year 2023 (October 1, 2022 - September 30, 2023). ANIMAL WELFARE AND ENFORCEMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY This Animal Welfare and Enforcement Agreement ("Agreement") is entered into on this 23rd day of August, 2022, by the Idaho Humane Society, Incorporated, a non-profit corporation organized under the laws of the state of Idaho ("IHS") and the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("Meridian") (collectively, "Parties"). WHEREAS, pursuant to Idaho Code sections 50-302, 50-319, 25-2803 and Title 6, Chapter 2, Meridian City Code, Meridian is authorized to provide animal welfare and enforcement services to further the public health, safety, and welfare; and WHEREAS, Meridian requires the assistance of a third-party independent contractor to provide such services; WHEREAS, IHS is uniquely qualified and able to provide such services within Meridian safely and humanely, pursuant to the terms and conditions contained herein; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: I. SCOPE OF WORK; GRANT OF AUTHORITY. IHS shall serve as Meridian's animal welfare and enforcement authority and shall act as a limited agent for Meridian in the enforcement of all animal-related provisions of Meridian City Code and Idaho Code. IHS shall enforce Meridian City Code, Title 6, Chapter 2, and carry out the duties of the animal control officer as set forth therein, including, without limitation: seizing and impounding animals that are at large and unattended in city limits; seizing, impounding, and euthanizing animals in accordance with IHS policies and the provisions of Meridian City Code; removing and properly disposing of the carcass of any dead animal found in any public place; declaring that an animal is abandoned; deciding whether an abandoned animal shall be euthanized or made available for adoption; declaring that a dog is a vicious dog; issuing uniform citations for violations of Meridian City Code; and providing the Meridian City animal shelter, to include adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of animals impounded therein. IHS shall provide animal code enforcement, emergency services, animal welfare services, field services, shelter services, responsible animal ownership services, and other services as described in Exhibit A. Meridian may contract separately with IHS for the provision of any additional services. II. COMPENSATION; FEES. A. Payment amount and method. For IHS's performance of services as contemplated by this Agreement, Meridian agrees to pay IHS the sum of six hundred twenty-five thousand, twenty-six dollars ($625,026.00). Meridian shall pay this amount to IHS in MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE twelve (12) equal monthly installments, each installment payable on or before the 15th of each month during the term of this Agreement. B. FY24 increase. If IHS seeks to increase the amount due for services to be provided to Meridian in fiscal year 2024, IHS shall provide to Meridian the proposed increased amount no later than May 1, 2023, and shall provide a presentation to Meridian City Council explaining the proposed increase by June 1, 2023. C. Impound fees; boarding and veterinary fees. IHS shall collect, and shall remit to Meridian within thirty (30) days of collection, 100% of all animal impound fees, as set forth in Meridian's fee schedule, as set forth in Exhibit C, or as may be amended by Meridian, after consulting IHS, in accordance with Idaho Code section 63-1311A. IHS shall be authorized to establish, collect, and retain reasonable and necessary fees for boarding and veterinary services. D. Dog license fees. IHS shall issue dog licenses and collect applicable license fees on behalf of Meridian. IHS shall remit to Meridian a portion of animal licensing fees as set forth in Exhibit D. III. GENERAL TERMS AND CONDITIONS. A. Term. The term of this Agreement is from October 1, 2022 through September 30, 2023. B. Independent contractor. In all matters between the Parties pertaining to this Agreement, the relationship between Meridian and IHS shall be that of principal and independent contractor. Neither IHS nor any person performing work on behalf of IHS shall be deemed to be an employee of Meridian. The selection and supervision of IHS's personnel performing work pursuant to this Agreement shall be in the sole discretion of IHS. Neither IHS nor any person performing work on behalf of IHS shall be deemed to acquire any of the rights, privileges, powers, or advantages of an employee of Meridian, or vice versa; however, those persons performing work on behalf of IHS shall act as a limited agent on behalf of Meridian, which limited agency granted herein shall be strictly limited to performance under this Agreement, as expressly set forth herein, and shall not extend to any other purpose. C. Audits. At any time during normal business hours and as often as Meridian may deem necessary, there shall be made available to Meridian for examination all IHS's records concerning all matters covered by this Agreement. IHS shall permit Meridian to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other data relating to all matters covered by this Agreement. At its own expense, Meridian may conduct a fiscal year audit of all expenses and revenues and services provided hereunder. Any auditor engaged by Meridian must use generally accepted auditing standards. IHS shall maintain books, records, reports, and accounts adequate to allow an auditor to evaluate fully, assess, and audit IHS's performance of the Scope of Service. MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 2 D. Compliance with laws. In the performance of services under this Agreement, IHS shall comply with all applicable federal, state, and local laws, regulations, and ordinances in effect or promulgated during the term of this Agreement. This obligation shall include timely payment of all taxes and license fees. E. Non-waiver. Failure by the representatives of any of the Parties to, at any time, enforce or require strict compliance with any terms or conditions of this Agreement shall not constitute a waiver of, or affect, or impair such terms or conditions in any way; nor shall such failure affect the rights of the Parties to avail themselves at any time of such remedies as they may have for any breach of such terms or conditions against another Party. F. Indemnification. IHS shall indemnify, save, hold harmless, and defend Meridian from, for, and against any and all direct or third-party claims, actions,judgments, damages, injuries to persons or property, losses, liabilities, and expenses caused by, or arising out of an act or omission of IHS or IHS's officers, employees, agents, servants, and volunteers in connection with IHS's performance under this Agreement and not caused by or arising out of the tortious conduct of any of Meridian or their respective officers, officials, employees, agents, servants, and volunteers, or Meridian's code that is deemed unconstitutional or in conflict with state or federal law. Notwithstanding anything to the contrary in this Agreement, the liability of Meridian is at all times strictly limited and controlled by the provisions of the Idaho Tort Claims Act, Idaho Code Sections 6-901 through 6-929, inclusive, as or hereafter amended. Nothing herein shall be deemed a waiver of any privilege, immunity,protection, or defense afforded to Meridian as a political subdivision of the state of Idaho, under the Idaho Constitution, the Idaho Tort Claims Act, or any other applicable law, and shall not be construed to waive any such protections, which are hereby expressly retained. G. Insurance. 1. Standard Insurance Coverages and Limits of Liability Required: a. Worker's Compensation Insurance. Where required by law, IHS shall have and maintain during the term of this Agreement, Worker's Compensation Insurance, including Employer's Liability, meeting the statutory requirements of the state of Idaho. Employer's Liability insurance in the following minimum amounts: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee If any work is sublet, IHS shall require its subcontractors to provide proof of Worker's Compensation and Employer's Liability Insurance. MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 3 b. Commercial General Liability. IHS shall have and maintain throughout the Agreement term, Commercial General Liability Insurance, with the following minimum limits of liability: General Aggregate $2,000,000 Product/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury Liability $1,000,000 Per Occurrence $1,000,000 Fire Legal Liability $ 50,000 c. Automobile Liability Insurance. For all owned, non-owned, and hired vehicles, IHS shall maintain throughout the Agreement term, Business Automobile Liability insurance providing bodily injury and property damage liability coverage for a minimum of one million dollars ($1,000,000) per occurrence limit. Business Automobile Liability insurance shall be written on a standard ISO policy form, or equivalent, providing coverage for liability arising out of owned, hired, or non-owned vehicles in connection with this Agreement. 2. Additional Insured. IHS shall include Meridian as an additional insured party to all of the insurance coverage listed above. 3. No Limitation of Liability. Insurance coverage and limits of liability as specified herein are minimum coverage and liability requirements only. Nothing in this Agreement's requirements for minimum insurance coverage shall be interpreted to limit or release the liability of IHS or any of IHS's insurers. IHS's insurance policy shall include a "separation of insureds" or "severability" clause that applies coverage separately to each insured and additional insured, except with respect to the limits of the insurer's liability. IHS's insurance policy shall not contain any provisions, exclusion, or endorsement that limits, bars, or effectively precludes Meridian from coverage or asserting a claim under IHS's insurance policy on the basis that the coverage or claim is brought by an insured or additional insured against an insured or additional insured under the policy. Failure to comply with any of the requisite insurance provisions shall be a material breach of this Agreement and grounds for termination of the Agreement or, if applicable, and at the discretion of Meridian, shall serve as grounds for Meridian to procure or renew insurance coverage with any related costs of premiums to be repaid by IHS or offset against the payment due from Meridian to IHS. 4. Evidence of insurance. IHS shall provide the following as evidence of insurance: a. A certificate of liability insurance evidencing coverages, limits of liability, and other terms and conditions as specified herein. In the "Certificate Holder" field of the certification of insurance, the City of Meridian shall be written in; and b. An attached designated additional insureds endorsement or blanket additional insureds wording to the required insurance policies that names each of Meridian. MERIDIAN-I HS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 4 At any time upon Meridian's request, IHS shall also cause to be timely furnished a copy of declarations pages and schedules of forms and endorsements. If Meridian tenders a claim or lawsuit for defense and indemnity invoking additional insured status, and the insurer either denies the tender or issues a reservation of rights letter, IHS shall also cause a complete and certified copy of the requested policy to be timely furnished to Meridian. 5. Notice of cancellation or modification; renewal. IHS's certificates of insurance shall be signed by an authorized representative of the issuing insurance carrier and shall state that the issuing company shall provide the Parties with a minimum of thirty (30) days' written notice prior to canceling or reducing any of the policies or limits required by this Agreement. Renewal certificates or binders must be provided to the Parties a minimum of five (5) days prior to the effective date of the renewal. If binders are used, they must be replaced by appropriate insurance certificates no later than thirty (30) days after the effective date. G. Termination. 1. Termination of this Agreement shall not relieve the Parties of their obligations or liability to each other incurred prior to the expiration of this Agreement. 2. This Agreement shall terminate between Meridian and IHS upon the following events: a. Meridian or IHS gives the other Party written notice of termination, which termination shall be effective on the first day of the calendar month that is at least ninety (90) calendar days after delivery of such notice of termination; b. Meridian fails to appropriate adequate funds for this Agreement in its budget for the fiscal year, in which case Meridian shall notify IHS of any non-appropriation of funds within thirty (30) business days of such non-appropriation; or c. Meridian and IHS agree, in writing, to terminate this Agreement. H. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to its subject matter, and this Agreement supersedes all prior agreements and understandings, whether written or oral, with respect to its subject matter. I. Amendment. This Agreement may be amended at any time by mutual written agreement signed by the authorized representative of each Party. J. Notices. Each Party shall deliver all communications in writing either in person, by U.S. mail, postage prepaid, by email, addressed to the other Party as set forth below: Idaho Humane Society City of Meridian ATTN: Chief Executive Officer ATTN: City Clerk 1300 S. Bird St. 33 E. Broadway Avenue Boise, Idaho 83709 Meridian, Idaho 83642 jrosenthal@idahohumanesociety.org cityclerk@meridiancity.org MERIDIAN-I HS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 5 Either Party may change its notice address by notifying the other Party as described in this section. K. Attorneys' Fees. In the event of any dispute or litigation arising from this Agreement or its subject matter, the prevailing party in such dispute or litigation may recover its costs and reasonable attorneys' fees as may be provided by applicable Idaho law. L. Assignment; Subcontract. Neither IHS nor Meridian may assign or subcontract any of their rights or obligations under this Agreement without first obtaining the written consent of the other. M. Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. Venue for any action brought pursuant to this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. N. Non-Discrimination. In performing the services required herein, neither IHS nor its subcontractors shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or disability. O. Severability. Any section or provision of this Agreement that is held invalid by a court of competent jurisdiction shall be stricken, and the remainder of this Agreement shall continue in full effect. P. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. IN WITNESS WHEREOF, the authorized agent or representatives of Meridian and IHS execute this Agreement and make it effective on the date first written above. IDAHO HUMANE SOCIETY: By: Dr. Jeff Rosenthal, hi f t xecutive Officer CITY OF MERIDIAN: ATTEST: By: Robert E. Simison, Mayor 8-23-2022 Chris Johnson, City Clerk 8-23-2022 MERIDIAN-I HS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PA C,E 6 EXHIBIT A SCOPE OF SERVICES I. SERVICES. IHS shall be responsible for selecting and training adequate and qualified staff to carry out all of the following services in a professional manner: A. Animal Code Enforcement. IHS shall provide animal code enforcement services seven (7) days per week, from 8:00 a.m. to 7:00 p.m. In performing animal code enforcement duties, IHS shall: 1. Timely and thoroughly investigate all complaints and calls for animal enforcement service, and as contemporaneously as possible, draft clear and complete reports sufficient to support the prosecution of the offense. For any cases involving dangerous animals or nuisance violations (e.g., bites, barking, aggressive behavior, vicious dog, etc.) search IHS's internal case management database for any prior incidents involving the same suspect animal-owner and/or animal. If prior incidents are discovered, a reference to such priors shall be included in the current investigation report. 2. Collect available evidence at the time of investigation and shall include it with the corresponding reports as may be necessary. 3. Timely file all citations and reports with the Court and/or prosecutor, as appropriate. 4. Upon request, timely provide to Meridian copies of the citation, reports, or evidence. 5. Appear on time for all court hearings and trials and shall be fully prepared to testify, including reviewing all relevant reports, photographs, audio recordings, video recordings, and other records and evidence. 6. Comply with subpoenas and notify the prosecutor at the earliest opportunity of any scheduling conflicts that may prevent the appearance of a subpoenaed IHS employee at a scheduled court date or meeting. 7. Provide to Meridian an accurate telephone contact list containing the names, titles and direct office telephone numbers of IHS CEO, CFO, Director of Animal Control, Dispatch and Night Dispatch, and the work cell phone numbers, if any, for all Animal Control Officers. IHS shall provide Meridian updated contact lists within thirty (30) days of any changes. 8. Return all telephone messages and emails within forty-eight (48) hours of receipt of the message or email. B. Emergency Services. IHS shall provide emergency services twenty-four(24) hours per day, seven (7) days per week. For purposes of this Agreement, "Emergency Services" shall include field calls for the following: 1. Injured stray dog or cat; 2. Dog bite or cat bite with animal still at-large; 3. Dog bite requiring quarantine of the animal; 4. Vicious or dangerous dog with the dog still at-large, constituting a threat to persons or domesticated animals; 5. Animal caught in a trap that is making a disturbance, or that is injuring itself; 6. Dog, cat, or livestock causing traffic safety issue; 7. Animal cruelty violations; MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 7 8. Dangerous animal at-large; 9. Exotic animals and wildlife; 10. Multiple calls received on the same non-emergency animal-related problem(IHS officer to be on-call, and police dispatch will evaluate the circumstances to determine whether to respond); and 11. Request from a law enforcement agency, received after the hours of regular enforcement services, for assistance with an animal. C. Animal Welfare Services. IHS shall provide animal welfare services in Meridian, including investigating complaints, responding to calls for service, patrolling (as time and personnel permit), issuing citations to suspected violators, following through on such citations by appearing to testify in court as appropriate, apprehending and impounding stray and other animals, and picking up dead or injured animals within public areas. Animal Welfare Services shall also include: 1. Impoundment of free-roaming animals to protect the public from animal attacks, bites, and accidents. 2. Protection of public health through animal disease surveillance in conjunction with the Idaho Department of Health and Welfare. 3. Quarantine of disease-suspect and bite case animals. 4. Participation in local disaster planning to address animal-related issues. 5. Enforcing animal cruelty statutes and codes. 6. Transporting injured animals to IHS's veterinary hospital or other critical care facilities. 7. Removing and dispositing of dead animals, whether wild or domesticated, from public areas. 8. Coordinating with appropriate governmental agencies, private entities, and volunteer service groups to respond to reports of injured wild animals and provide transportation of such animals to veterinary hospitals or local wild animal rehabilitation facilities. D. Field Services. The provision of field services include, without limitation, responding to the following complaints and calls for service: 1. Dog at large. 2. Trapped dog (or other animals). 3. Livestock at large. 4. Excessive dog barking. 5. Unlicensed dog. 6. Dog or cat without rabies vaccination. 7. Dogs threatening a person or domestic animal. 8. Dog or cat bite. 9. Injured or sick stray dog, cat, or other animals (including wild animals). 10. Abandoned or mistreated animal. 11. Negligently confined animal. 12. Animal cruelty or neglect. 13. Dead dog, cat, or other animals (including wild animals). 14. Prohibited or dangerous mammal or reptile investigation. MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 8 15. Unsanitary premises (e.g., excessive animal waste) inspection. E. Shelter Services. IHS shelter services shall be open to the public seven (7) days per week from 10:00 a.m. to 6:00 p.m. For purposes of this Agreement, "Shelter Services" shall include: 1. Maintaining a lost and found program for animals. 2. Holding stray or lost animals in accordance with the applicable Meridian ordinance. 3. Examining stray and lost animals for licenses or identification chips, and if a license or chip is found, to make a reasonable attempt to return such animal to its owner. 4. Coordinating with IHS's veterinary clinic to ensure that all dogs and cats are spayed or neutered prior to adoption. F. Responsible Animal Ownership Services. IHS shall provide services to support the goal of responsible animal ownership in the respective territorial limits of Meridian, including public information and education, making recommendations to Meridian regarding needed changes in policies, fees, and ordinances, and other community animal welfare matters. IHS shall strive to reduce animal-related violations and increase voluntary compliance with animal-related provisions. Further, IHS shall: 1. Provide court-ordered humane animal education classes to individuals convicted of animal cruelty and neglect regularly (no less frequently than every sixty(60) days). IHS may charge a fee for such humane animal education classes, which is paid by the individuals who attend such classes. 2. Promote animal adoptions. 3. Continually educate the public regarding the benefits of spaying or neutering pets. 4. Issue Meridian dog licenses in accordance with this Agreement. 5. Promote citizen compliance with dog license requirements. II. RECORDKEEPING,ACCOUNTING,AND REPORTING. A. Operations records. IHS shall prepare and maintain complete and accurate records regarding its performance of Scope of Services, including, without limitation, records of the disposition of any animal picked up by IHS, by a Meridian employee, or by a private citizen and then delivered to IHS ("Impounded Animal"). B. Separate accounting. IHS shall maintain accurate and complete records of its operating expenses in connection with the Scope of Services. IHS shall account for services provided under this Agreement separately from other functions to the extent administratively feasible, and shall establish a reasonable basis for allocated costs. C. Records of fees. IHS shall maintain accurate and complete records of the fees it collects on behalf of each of Meridian. D. Annual Report. IHS shall provide a written annual report, no later than January 31 st of each year to each of Meridian. The annual report shall include the information provided in Exhibit B, and: MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 9 1. Documentation showing the current service levels in Meridian in comparison to a three-year average baseline. 2. Projected target service levels for the next twelve (12) months. 3. Number of field calls within the jurisdictions of Meridian, sorted by call category. 4. Average response times to calls for service within Meridian. 5. Number of citations issued for animal code violations. 6. Number of Impounded Animals. 7. Number of days Impounded Animals were boarded. 8. Number of Impounded Animals returned to the owner. 9. Number of animals adopted. 10. Number of Meridian dog licenses issued by IHS. E. In-person presentation. Meridian may request that IHS present the annual report to Meridian City Council. IHS shall provide such presentation within thirty(30) days of the request. F. Requested reports. Meridian may request that IHS provide reports or documentation in addition to the annual report as may be necessary to assist Meridian in its budgeting process. IHS shall timely respond to all Meridian requests for reports and documents. G. Standard Operating Procedures. IHS shall develop internal standard operating procedures and policies ("SOPs")related to the services provided under this Agreement. All applicable IHS employees are to be trained on these SOPS. Upon request, IHS shall produce a current and accurate written copy of such SOPs. MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 10 EXHIBIT B FORM OF ANNUAL REPORT ANNUAL REPORT Idaho Humane Society Annual Statistics For the Calendar Year Ended December 31,2022 City/County Field Calls divided by category Ada County Kuna Boise Meridian Eagle Combined Total Aggressive Attack Barking Bite Dead/Injured Dog at Large Large/Small Animal Cruelty/Neglect Miscellaneous Pickup-Cat Pickup-Dog Loose Livestock Wildlife Related Calls Extra Patrol Barrister/Sheriff's Office/City Hall,etc Total number of calls IHS average response times to Calls for Service-Minutes Number of city licenses sold by IHS Number of citations issued for Animal Code violations Number of Letters issued for Barking Dogs Notices Number of Warnings issued for Animal Code violations Number of times officers Educated vs.citing Number of animals handled Number of animals impounded Average number of boarded days per impounded anima Number of animals returned to owner Live Release rate total Cats Dogs Number of spay/neuter procedures performed Number of animals fostered Number of animals adopted Number of volunteer hours logged Humane Education program youth reached Signature Date MERIDIAN—IHS AGREEMENT,OCTOBER 2022—SEPTEMBER 2023 PAGE I I EXHIBIT C CITY OF MERIDIAN IMPOUND FEES (Effective October 1,2022) Fee Name Description Amount Impound Fee—Dog Cost of services necessary to capture a dog at large $50.00 in Meridian and impound it at the IHS facility. Impound Fee—Dog Cost of services necessary to capture a dog at large $75.00 bite case or vicious in Meridian and impound it at the IHS facility, where dog the dog has bitten a person or another animal, and/or is reported to be vicious. Impound Fee—Cat Cost of services necessary to process cat into shelter, $15.00 where animal is captured in Meridian is dropped off at the IHS facility. Impound Fee— Cost of services necessary to capture livestock or $150.00 Livestock or large large animal in Meridian and impound it at the IHS animal facility. MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 12 EXHIBIT D DOG LICENSING DESIGNEE AGREEMENT The City of Meridian hereby authorizes and empowers IHS to issue dog licenses on behalf of Meridian in accordance with all applicable provisions of Meridian City Code and the following terms: A. Issuance of dog licenses: IHS shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including, but not limited to: 1. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed. 2. Collection of appropriate license fee. B. Rabies education. IHS shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. C. Official log: IHS shall keep an official, monthly, written log of all dog licenses issued by IHS on the form provided by City and shall keep such written log complete and current at all times. D. Administrative fee: City hereby authorizes IHS to collect and keep an administrative fee of fifty percent (50%) of the amount of each dog license fee collected on City's behalf. E. Monthly submission to City Clerk: City shall provide dog license tags to IHS. At the end of each month during the term of this Agreement, IHS shall submit to the Meridian City Clerk: 1. All dog license fees collected by IHS on City's behalf; and 2. A true and correct copy of the IHS's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (loth) day of the month following the month for which the fees were collected and the monthly log completed. F. Remission of discrepancy: If,following the Meridian City Clerk's review and accounting of IHS's issuance of dog licenses, the Meridian City Clerk notifies IHS of a discrepancy in fees collected and data reported by IHS in the log or quantity of unissued tags, IHS shall remit to City funds in the amount of such discrepancy. IHS's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason, regardless of IHS's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. MERIDIAN-IHS AGREEMENT,OCTOBER 2022-SEPTEMBER 2023 PAGE 13 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Recipient Agreement Between City of Meridian and Meridian Co-Op of Gardeners for Fiscal Year 2022 Neighborhood Grant Funds RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN CO- OP GARDENERS FOR FY22 NEIGHBORHOOD GRANT FUNDS This RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN CO-OP GARDENERS FOR FY22 NEIGHBORHOOD GRANT FUNDS ("Agreement") is entered into this 23rd day of—August 2022 by and between the City of Meridian, a municipal corporation organized un�laws of the state of Idaho ("City") City, and Meridian Co-op Gardeners, an informally organized nonprofit organization ("Recipient"). WHEREAS, Meridian City Council has allocated fiscal year 2022 general funds for the purpose of awarding Neighborhood Grants to Meridian residents for projects that bring Meridian neighbors together and improve the community,as set forth in detail in Exhibit.4; and WHEREAS, Recipient has proposed to beautify Heroes Park with plants that create habitat and food for native pollinators, which activity complements the objectives of the Neighborhood Grant program; and WHEREAS, by this Agreement, City and Recipient wish to establish the roles and responsibilities of the Recipient related to the investment and utilization of fiscal year 2022 Neighborhood Grant funds provided to Recipient by City ("Funds"); NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. RECIPIENT'S RESPONSIBILITIES; PROJECT ADMINISTRATION. A. Activities. Recipient shall use the Funds, in the amount of fifteen hundred and eighty dollars ($1580.00), for Heroes Park Pollinator("Project"), as set forth in Exhibit B. Recipient shall use the Funds only for completion of the Project. Recipient's use of the Funds shall be consistent with any and all terms and conditions of the Neighborhood Grant Program and this Agreement. B. Time of performance. Services of Recipient shall start the Project on or before September 1, 2022 and shall complete the Project by December 9, 2022. C. Budget. Recipient shall use the Funds to complete the Project in accordance with the budget set forth in Exhibit B. All Funds unused as of December 9, 2022 shall be returned to the City. D. Written quotes. Because the proposed Project includes the purchase of goods, services, supplies, or equipment, purchases up to$15,000, Recipient shall obtain one written quote for all such purchases. Documentation will be required prior to release of funds. E. Closeout. By January 9, 2023, Recipient shall submit a final report to City. The final report shall include: 1. Written narrative answering each and all of the following questions: RECIPIENT AGREEMENT WITH BOKENKAMP FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 1 OF 5 a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing use of Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. F. Draw requests. Funds for Project will be available following execution of this Agreement and City's receipt of Recipient's completed W-9 form. To obtain Funds, Recipient shall submit a written draw request to the Project Manager. Each draw request may be for up to $5,000 of the Funds allocated for Project. Upon the Project Manager's verification of progress toward Project goals and/or completion; review of quotes, receipts, and other required documentation; and site visit(s), as appropriate, the Project Manager will forward to the City Finance Department a request that the City remit a check to Recipient in the requested amount. City shall pay draw request within thirty days of the request. G. Performance monitoring. City's Project Manager shall monitor Recipient's investment of the Funds to ensure that Recipient is working toward meet the goals of the Project as set forth in Exhibit B. Performance monitoring shall include review of quotes,receipts, and other documents, as well as site visits, as appropriate. II. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed the Recipient is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in Recipient's use of the Funds. In all matters pertaining to this Agreement, Recipient shall be acting as an independent contractor, and neither Recipient nor any volunteer, employee, invitee, or agent of Recipient shall be deemed an employee of City. Recipient shall have no authority or responsibility to exercise any rights or power vested in City. B. Photographs. Recipient consents to City's publication and/or use of any photographs or recordings of Recipient; Recipient's volunteers, guests, invitees, agents, and employees; and/or the Project for educational and promotional purposes. C. Acknowledgment of risk. Recipient acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. D. Indemnification; waiver. Recipient shall indemnify, save and hold harmless,release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages,or injury to persons or property and losses and expenses caused or incurred by Recipient or City in the course of any activity associated RECIPIENT AGREEMENT WITH BOKENKAMP FOR FY22 NEI GHBORHOODGRANTFUNDS PAGE 2 OF 5 with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. E. Notices. Day-to-day communications between Recipient and the shall occur by email or phone, as appropriate. All other notices to be provided under Project Manager this Agreement shall be in writing and addressed as follows: If to Recipient: If to City: Meridian Co-Op Gardeners City Clerk, City of Meridian Attn: JULIANNE BOKENKAMP 33 East Broadway Avenue 2678 West Wolf Rapids Drive Meridian, Idaho 83642 Meridian, Idaho 83646 Notices shall be either personally delivered or sent by U.S. mail,postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. F. Content. In the course of working on and completing the Project, Recipient shall ensure that the Funds are not used for any purpose that promotes, endorses or furthers any message containing the following content: 1. Profane, obscene, indecent, violent, or pornographic content and/or language; 2. Content that promotes,fosters or perpetuates discrimination on the basis of race, creed, color,age, religion, gender,sexual orientation, or national origin; 3. Defamatory or personal attacks; 4. Threats to any person or organization; 5. Content that promotes, fosters or perpetuates conduct in violation of any law; 6. Content that encourages or incites illegal activity; 7. Content that may compromise the safety or security of the public or public systems; 8. Content that violates a known legal ownership interest of any party; or 9. Any content that contains or perpetuates a message that the Project Manager deems to be inappropriate or not in the best interest of the City of Meridian. If the City becomes aware that Funds are used in violation of this provision, City may deny future draw requests for Funds or request the return of Funds already released. G. Restrictions. Neighborhood Grant funds may not be spent on gift cards, alcohol, tobacco, firearms, or travel. H. Default or breach; cure; termination. If Recipient is in breach or default of any of the terms, covenants or conditions of this Agreement and fails or refuses to cure such breach or default within fourteen (14) days of written notice thereof, this Agreement, and all rights of Recipient in and to the Funds, at City's option, may be terminated and forfeited without further notice or demand. Recipient would return Funds to the City upon termination. I. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any RECIPIENT AGREEMENT WITH B OKENKAMP FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 3 OF 5 subsequent breach or default of the same or a different term, covenant or condition,nor shall such waiver operate to prejudice,waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Recipient. J. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the granting or expenditure of Funds or any activity associated with Project. K. Applicable law; non appropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including,without limitation, Article VIII, Section 3, of the Idaho Constitution and the Idaho Public Records Act. Recipient acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. L. Compliance with laws. Throughout the course of this Agreement, Recipient and each and all of Recipient's volunteers, employees, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. M. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, agreements, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Agreement have been made to Recipient. In entering into this Agreement, Recipient relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. P. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. RECIPIENT AGREEMENT WITH BOKENKAMP FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 4 OF 5 R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. RECIPIENT: Jul' ne Bokenkamp e `dian Co-Op Gardeners CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 8-23-2022 Chris Johnson,City Clerk 8-23-2022 RECIPIENT AGREEMENT WITH$OKENKAMP FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 5 or 5 EXHIBIT A C� fENI3IA =- 2021-2022 Neighborhood Grant Program Overview of Neighborhood Grant Program Meridian City Council has allocated $50,000 for Neighborhood Grants, to be awarded to Meridian residents for projects that bring Meridian neighbors together and improve the community. Applicants may apply for Neighborhood Grant funds in any amount up to $50,000, and may request funds for more than one project. Projects must be complete by September 9, 2022. Timeline Application period open: March 21, 2022 Applications due: May 13, 2022, 5:00 p.m. Selection panel convenes: By May 19, 2022 Applicants notified: May 20, 2022 Signed agreement due: May 27, 2022 Project completion: September 9, 2022 Final report due: September 15, 2022, 5:00 p.m. Eligibility and Criteria Projects funded with Neighborhood Grant funds must be located on public property located within the City of Meridian. Applicants must be residents of the City of Meridian. Upon selection of a project for funding, the City of Meridian will require the successful Applicant to enter into a grant recipient agreement establishing terms and conditions of the grant funds (sample agreement available upon request), In awarding Neighborhood Grants,the selection panel will consider the following criteria: 1. Capacity for neighbor engagement in Project implementation and final deliverable; 2. Contribution to improvement of neighborhood environment and sense of community; 3. Suitability of proposed Project for project site; and 4. Long-term viability and impact of proposed Project. Application To apply,Applicants must submit the following materials to the City Contact listed below. If applying for more than one grant, a separate application must be completed for each project. 1. Completed Grant Application form 2. Written narrative answering each and all of the following questions: a. What do you propose to accomplish and how? b. How do you plan to engage and use volunteers, specifically your neighbors, to help on the project? How many volunteers will be needed? Neighborhood Grant Program Page 1 c. What is the desired impact of this project on your neighborhood and how will you measure it? d. What is the plan for long-term maintenance of items that will be purchased, built, or installed with the funds (if applicable)? e. What is the priority of this Project (if applying for grant funds for more than one project)? 3. Detailed Project plan, including timeline with specific dates. 4. Detailed Project budget, listing Neighborhood Grant funds, partner organization funds, and in- kind and monetary donations. 5. Written permission from property owner allowing the use of the property for the proposed Project. 6. If project involves collaboration or co-funding with other organizations or businesses on this project, a letter of support from each. City Contact Submit application and reporting materials to, and direct any questions to: Molly Medenblik, Community Relations & Policy Advisor Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 Email: mmedenblik@meridiancity.org Phone: 208-489-0535 Reporting Requirements All projects must be completed by Friday, September 9, 2022. A final report must be submitted to the City Contact by Thursday, September 15, 2022. The final report must include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing Neighborhood Grant funds, partner organization funds, and in- kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. Purchasing Requirements If the proposed Project includes the purchase of goods, services, supplies, or equipment, purchases up to $15,000 will require one written quote, and purchases $15,001 to $50,000 require three written quotes. Documentation will be required prior to release of funds. Limitations Neighborhood Grant funds may not be spent on gift cards, alcohol,tobacco, firearms, or travel. Funds will not be awarded to support any project that in any way: violates law or City policy; violates a legal ownership interest, such as a copyright, of any party. Funds may not be spent for any purpose or message that includes, promotes, or fosters: profane, obscene, indecent, violent, or pornographic content and/or language; discrimination on the basis of race, creed,color, age, Neighborhood Grant Program Page 2 religion, gender, sexual orientation, or national origin; defamatory or personal attacks; threats to any person or organization; information that may compromise public safety; or any purpose or message that the City deems to be inappropriate or not in the best interest of the City of Meridian. Additional limitations may apply. Neighborhood Grant Program Page 3 _J IIA -- _ 1� 2021-2022 Neighborhood Grant Program Application Form Applicant Information Applicant name Organization (if applicable) Applicant's parent name (if Applicant is under 18) Phone number E-mail address Mailing Address Project Information Project Name Project Type (check one) ❑ Amenity (e.g., neighborhood garden, bike rack, bike repair station,dog waste bag station) ❑ Beautification (e.g. signage, banners, trees, landscaping, art) ❑ Clean up (e.g. graffiti removal, overgrown vegetation removal, litter removal) Other: Project Address/Location Property owner Acknowledgments I, , hereby acknowledge the following stipulations and agree that if this proposal is selected for funding under the Neighborhood Grant Program, such funding shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written grant recipient agreement between myself and the City of Meridian. I specifically acknowledge that: Before my Project is funded, I (or my parent/guardian) will be required to enter into a written INITIAL agreement with the City establishing the specific terms and conditions of the grant funds provided. If this Project is selected for funding, neither the City of Meridian nor its officers or employees will INITIAL assume liability for any loss or damage.This Project may involve risks, some of which are unknown. The procurement of any necessary insurance will be my sole responsibility.The City will not provide INITIAL insurance or other coverage of any kind for loss, theft, or damage that I or anyone associated with the Project may or does incur. The City has made no offer or commitment to issue Neighborhood Grant funds; the City shall have INITIAL no obligation to do so except by, and pursuant to,written agreement. I acknowledge, understand,and agree to these general terms and conditions. Signature: Print name: Parent Signature (If Applicant is Under 18): Date: Neighborhood Grant Application Form Page 1 EXHIBIT B 2021.-2022 Neighborhood Grant Program: Heroes Park Pollinator Planting Project Proposed by Juli Bokenkamp, Meridian Co-Op Gardeners 2a What do you propose to accomplish and how? Our project goal is to add onto the first phase of a pollinator habitat installed in 2021 in Heroes Park, which is operated by the City of Meridian Parks and Recreation Department. To accomplish our goal, we will utilize the substantial unplanted flower beds that run along the west side of the park, where drip irrigation is already installed, to plant shrubs, perennial plants, and annual flowers. We will also add in compost to amend the soil. This project will enhance the look and feel of this neighborhood park and provide much needed benefits to native pollinators and increase biodiversity in that area. The benefits of a no-spray pollinator habitat include creating an essential wild-life friendly habitat for bees, butterflies, moths, beetles, hummingbirds,flies, and other pollinators. 2b How do you plan to engage and use volunteers, specifically your neighbors, to help on the project? How many volunteers will be needed? This opportunity will bring people of all ages and backgrounds together from around the community and nearby neighborhoods to work together to weed, move compost and to plant hundreds of shrubs, perennials and annuals in these flower beds. It will bring neighbors outside in the fresh air and sunshine,which is essential for our mental and physical health. By doing so, we will inspire curiosity and will provide learning opportunities about the plants and shrubs needed to attract native pollinators and the importance of planting them. Meridian Co-Op Gardeners and Friends of the Pollinator Garden are volunteers that currently tend the Kleiner Park Community Garden and Pollinator Garden, and they will coordinate work dates. We will invite other groups of people via neighborhood Facebook pages and advertise on the nearby neighborhood Nextdoor app, and HOA sites. This approach was successful during the original planting forthe first phase in 2021. We can accomplish this project with a minimum of 12 volunteers, however,the more volunteers we have the quicker the project will be planted. 2c What is the desired impact of this project on your neighborhood and how will you measure it? This desired impact of this project will be planting for a beautiful, unique and needed addition to Heroes Park. Not only will it become a destination for native pollinators, it will be enjoyed by those who walk through the park or come specifically for other park activities. Neighbors will connect with one another and possibly envision our community's future while working side by side improvingthe overall landscape in this park. I envision these neighbors being able to say "I helped build that!" and hopefully becoming built-in advocates/caretakers of this new space. We will assess the project at several stages...prior to planting (evaluating the location of where plants and trees will be planted), during planting (we will follow our layout design and best instructions for planting trees, shrubs, and perennials, and post planting (how do we think the project turned out). The success of the garden will be blooming plants throughout the growing season, along with continued involvement to take care of these planted areas 2d What is the plan for long-term maintenance of items that will be purchased, built, or installed with the funds (if applicable)? Long-term maintenance of these garden beds include regular watering during the growing season (on the park watering schedule) and having them cleaned up each spring with help from the Friends of the Pollinator Group and volunteers coordinated through the City of Meridian Parks and Recreation Department. Perennials will need deadheaded,the ground weeded where necessary. Plants will be cared for and tended as needed.The shrubs and perennials with proper watering will come back each year, grow larger, and multiply, making for an even more beautiful landscape. The typical fall cleanup is skipped to allow perennials to go to seed for the birds,and provide winter habitat for native pollinators. 2e What is the priority of this project? Plants will need to be purchased and planted in the ground before the heat of the summer. I have submitted an application for another project as a part of the Neighborhood Grant. Upon completion of the shade structure at Kleiner Park, this project will be then be completed 3. Detailed project plan, including timeline with specific dates. With approval of the grant,the detailed project plan includes moving forward with ordering compost and purchasing plants needed for this project. Week of May 23-27: Order compost and purchase plants June 1: Schedule best day for moving compost throughout garden beds and planting shrubs, perennials and annuals (SOMETIME DURING THE FOLLOWING WEEK). Week of June 5-12: Planting depending on weather. Additional days will be scheduled, if necessary,to complete this phase of the project. 4. Detailed project budget, listing neighborhood grant funds, partner organization funds, and in-kind and monetary donations. Items Needed (See Attachments 131, B2, and 133) Item and Description of Use Source/Vendor Estimated Cost Shrubs 17+tax Old Valley Nursery 630.70 Native plants and Perennials Draggin' Wing Nursery& Far 349.80 50 gallon sized +tax West Nursery Perennials 40 @ $4.29+tax Five Mile Farm & 181.90 Greenhouses TOTAL Amount Requested $1162.40 TOTAL Amount Requested $1162.40 IN—KIND Donations Items Donor Estimated Cost Plants The City of Meridian Parks $1580.00 and Recreation Department 32 perennials @ $10 each The Abundant Acre 320.00 20 yarrow in 4 inch pots@ $3 Nellie Coleman 60.00 each 40 perennials @ $3 each Meridian Co-Op Gardeners 120.00 Annuals 40 @ $2 each Mountain View High School 80.00 25 yards compost @ 39.95 + Timber Creek Recycling LLC 1208.68 tax and delivery to amend soil (OMRI Signature Blend) TOTAL Donations $3368.68 S. Written permission from property owner allowing the use of the property for the proposed project. (See #6) 6. If project involves collaboration or co-funding with other organizations or businesses on this project a letter of support from each. (See Attachment A) JKBOKE@msn.com ATTACHMENT B1 From: Retail <ovnursery.id@gmail.com> Sent Wednesday, May 11,2022 10:36 AM To: JKBOKE@msn.com Subject: Quote for Pollinator Project at Heroes Park Dear Julie, Here is your estimate for the pollinator project at Heroes Park. (3) Summer Storm Quince--2 Gallon $35.00 (2)Red Balloon--2 Gallon $35.00 (3)Viburnum Cranberry Bush--2 Gallon $35.00 (2) Viburnum Airowwood--2 Gallon $35.00 (4)Dievilla Dwarf--2 Gallon $35.00 (3)Mock Orange 'Buzzard!--2 Gallon $35.00 Thanks, Old Valley Nursery 1 ATTACHMENT B2 JKBOKE@msn.com From: Diane Jones <dragginwing@gmail.corn> Sent: Thursday, May 12,2022 7:42 AM KARLJULI BOKENKAMP Subject: Re:GRANT Price request/quote Juli, Here is our pricing for 50 Gallons of plants for your projet at Heroes Park 10 Gallons @ $8=S80 10 GaRons @ $7=$70 30 Gallons @ Ss=$180 i otal price:S330 Good luck.with your project, Diane Jones Diane Jones Water-Thri Piants-or Idaho +.xnuu..�nra7en`t�ri4�ra;arst�.com End of Stinger Street,Boise 2Eiu-�rc5���9'J ATTACHMENT B3 JKBOKE@msn.com From: Five Mile Farm <info@ Smilefarm.com> Sent: Wednesday, May 11,2022 3:06 PM To: Karl Bokenkamp Subject: Quote i E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Recipient Agreement Between City of Meridian and American Legion Post 113 for Fiscal Year 2022 Neighborhood Grant Funds RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND AMERICAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS This RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND AMERICAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS ("Agreement") is entered into this 23rd day of_August , 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") City, and American Legion Post 113, an informally organized nonprofit organization("Recipient"). WHEREAS, Meridian City Council has allocated fiscal year 2022 general funds for the purpose of awarding Neighborhood Grants to Meridian residents for projects that bring Meridian neighbors together and improve the community, as set forth in detail in Exhibit A; and WHEREAS, Recipient has proposed to create receptacles to collect and properly dispose of American Flags, which activity complements the objectives of the Neighborhood Grant program; and WHEREAS, by this Agreement, City and Recipient wish to establish the roles and responsibilities of the Recipient related to the investment and utilization of fiscal year 2022 Neighborhood Grant funds provided to Recipient by City ("Funds"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. RECIPIENT'S RESPONSIBILITIES; PR03ECT ADMINISTRATION. A. Activities. Recipient shall use the Funds, in the amount of twelve thousand one hundred and forty dollars ($12,140.00),to American Legion("Project"), as set forth in Exhibit B. Recipient shall use the Funds only for completion of the Project. Recipient's use of the Funds shall be consistent with any and all terms and conditions of the Neighborhood Grant Program and this Agreement. B. Time of performance. Services of Recipient shall start the Project on or before September 1, 2022 and shall complete the Project by December 9,2022. C. Budget. Recipient shall use the Funds to complete the Project in accordance with the budget set forth in Exhibit B. All Funds unused as of December 9, 2022 shall be returned to the City. D. Written quotes. Because the proposed Project includes the purchase of goods, services, supplies, or equipment, purchases up to $15,000, Recipient shall obtain one written quote for all such purchases. Documentation will be required prior to release of funds. E. Closeout. By January 9, 2023,Recipient shall submit a final report to City. The final report shall include: 1. Written narrative answering each and all of the following questions: RECIPIENT AGREENENT WITH AIvIERWAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 1 OF 5 i a. What did you accomplish, and how? b. How were volunteers engaged and used,and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing use of Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. F. Draw requests. Funds for Project will be available following execution of this Agreement and City's receipt of Recipient's completed W-9 form. To obtain Funds, Recipient shall submit a written draw request to the Project Manager. Each draw request may be for up to $5,000 of the Funds allocated for Project. Upon the Project Manager's verification of progress toward Project goals and/or completion; review of quotes, receipts, and other required documentation; and site visit(s), as appropriate,the Project Manager will forward to the City Finance Department a request that the City remit a check to Recipient in the requested amount. City shall pay draw request within thirty days of the request. G. Performance monitoring. City's Project Manager shall monitor Recipient's investment of the Funds to ensure that Recipient is working toward meet the goals of the Project as set forth in Exhibit B. Performance monitoring shall include review of quotes, receipts, and other documents, as well as site visits, as appropriate. II. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed the Recipient is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in Recipient's use of the Funds. In all matters pertaining to this Agreement, Recipient shall be acting as an independent contractor, and neither Recipient nor any volunteer, employee, invitee, or agent of Recipient shall be deemed an employee of City. Recipient shall have no authority or responsibility to exercise any rights or power vested in City. B. Photographs. Recipient consents to City's publication and/or use of any photographs or recordings of Recipient;Recipient's volunteers,guests, invitees,agents, and employees; and/or the Project for educational and promotional purposes. C. Acknowledgment of risk. Recipient acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. D. Indemnification; waiver. Recipient shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Recipient or City in the course of any activity associated RECIPIENT AGREEMENT w1TH AMERICAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 2 OF 5 with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. E. Notices. Day-to-day communications between Recipient and the Project Manager shall occur by email or phone, as appropriate. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to Recipient: If to City: American Legion Post 113 City Clerk, City of Meridian PO Box 113 33 East Broadway Avenue Meridian ID, 83684 Meridian, Idaho 83642 Notices shall be either personally delivered or sent by U.S. mail,postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. F. Content. In the course of working on and completing the Project, Recipient shall ensure that the Funds are not used for any purpose that promotes, endorses or furthers any message containing the following content: 1. Profane, obscene, indecent, violent, or pornographic content and/or language; 2. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 3. Defamatory or personal attacks; 4. Threats to any person or organization; 5. Content that promotes, fosters or perpetuates conduct in violation of any law; 6. Content that encourages or incites illegal activity; 7. Content that may compromise the safety or security of the public or public systems; 8. Content that violates a known legal ownership interest of any party; or 9. Any content that contains or perpetuates a message that the Project Manager deems to be inappropriate or not in the best interest of the City of Meridian. If the City becomes aware that Funds are used in violation of this provision, City may deny future draw requests for Funds or request the return of Funds already released. G. Restrictions. Neighborhood Grant funds may not be spent on gift cards, alcohol, tobacco, firearms, or travel. H. Default or breach; cure; termination. If Recipient is in breach or default of any of the terms,covenants or conditions of this Agreement and fails or refuses to cure such breach or default within fourteen(14) days of written notice thereof,this Agreement, and all rights of Recipient in and to the Funds, at City's option, may be terminated and forfeited without further notice or demand. Recipient would return Funds to the City upon termination. I. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor RECIPIENT AGREEMENT WITH AMERICAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 3 OF 5 shall such waiver operate to prejudice,waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Recipient. J. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the granting or expenditure of Funds or any activity associated with Project. K. Applicable law; nonappropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution and the Idaho Public Records Act. Recipient acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. L. Compliance with laws. Throughout the course of this Agreement, Recipient and each and all of Recipient's volunteers, employees, guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. M. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. ®. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, agreements, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Agreement have been made to Recipient. In entering into this Agreement, Recipient relies upon no statement,fact,promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. P. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. r Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. RECIPIENT AGREEMENT wrm AMERICAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 4 OF 5 R. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. S. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. RECIPIENT: CHARD L. DEES American Legion Post 113 CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor - - 2022 Chris Johnson, City Clerk 8-23-2022 RECIPIENT AGREEMENT WITH AMERICAN LEGION POST 113 FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 5 OF 5 EXHIBIT A C� E IDIAN - IDAHO 2021-2022 Neighborhood Grant Program Overview of Neighborhood Grant Program Meridian City Council has allocated $50,000 for Neighborhood Grants, to be awarded to Meridian residents for projects that bring Meridian neighbors together and improve the community. Applicants may apply for Neighborhood Grant funds in any amount up to $50,000, and may request funds for more than one project. Projects must be complete by September 9, 2022. Timeline Application period open: March 21, 2022 Applications due: May 13, 2022, 5:00 p.m. Selection panel convenes: By May 19, 2022 Applicants notified: May 20, 2022 Signed agreement due: May 27, 2022 Project completion: September 9, 2022 Final report due: September 15, 2022, 5:00 p.m. Eligibility and Criteria Projects funded with Neighborhood Grant funds must be located on public property located within the City of Meridian. Applicants must be residents of the City of Meridian. Upon selection of a project for funding,the City of Meridian will require the successful Applicant to enter into a grant recipient agreement establishing terms and conditions of the grant funds (sample agreement available upon request). In awarding Neighborhood Grants, the selection panel will consider the following criteria: 1. Capacity for neighbor engagement in Project implementation and final deliverable; 2. Contribution to improvement of neighborhood environment and sense of community; 3. Suitability of proposed Project for project site; and 4. Long-term viability and impact of proposed Project. Application To apply, Applicants must submit the following materials to the City Contact listed below. If applying for more than one grant, a separate application must be completed for each project. 1. Completed Grant Application form 2. Written narrative answering each and all of the following questions: a. What do you propose to accomplish and how? b. How do you plan to engage and use volunteers, specifically your neighbors, to help on the project? How many volunteers will be needed? Neighborhood Grant Program Page 1 c. What is the desired impact of this project on your neighborhood and how will you measure it? d. What is the plan for long-term maintenance of items that will be purchased, built, or installed with the funds (if applicable)? e. What is the priority of this Project (if applying for grant funds for more than one project)? 3. Detailed Project plan, including timeline with specific dates. 4. Detailed Project budget, listing Neighborhood Grant funds, partner organization funds, and in- kind and monetary donations. 5. Written permission from property owner allowing the use of the property for the proposed Project. 6. If project involves collaboration or co-funding with other organizations or businesses on this project, a letter of support from each. City Contact Submit application and reporting materials to, and direct any questions to: Molly Medenblik, Community Relations & Policy Advisor Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 Email: mmedenblik@meridiancity.org Phone: 208-489-0535 Reporting Requirements All projects must be completed by Friday, September 9, 2022. A final report must be submitted to the City Contact by Thursday, September 15, 2022. The final report must include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing Neighborhood Grant funds, partner organization funds, and in- kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. Purchasing Requirements If the proposed Project includes the purchase of goods, services, supplies, or equipment, purchases up to $15,000 will require one written quote, and purchases $15,001 to $50,000 require three written quotes. Documentation will be required prior to release of funds. Limitations Neighborhood Grant funds may not be spent on gift cards, alcohol, tobacco, firearms, or travel. Funds will not be awarded to support any project that in any way: violates law or City policy; violates a legal ownership interest, such as a copyright, of any party. Funds may not be spent for any purpose or message that includes, promotes, or fosters: profane, obscene, indecent, violent, or pornographic content and/or language; discrimination on the basis of race, creed, color, age, Neighborhood Grant Program Page 2 religion, gender, sexual orientation, or national origin; defamatory or personal attacks;threats to any person or organization; information that may compromise public safety; or any purpose or message that the City deems to be inappropriate or not in the best interest of the City of Meridian. Additional limitations may apply. Neighborhood Grant Program Page 3 ((IE R IDIAN:-- 2021-2022 Neighborhood Grant Program Application Form Applicant Information Applicant name Organization (if applicable) Applicant's parent name (if Applicant is under 18) Phone number E-mail address Mailing Address . Project Information Project Name Project Type (check one) ❑ Amenity (e.g., neighborhood garden, bike rack, bike repair station, dog waste bag station) ❑ Beautification (e.g. signage, banners,trees, landscaping, art) ❑ Clean up (e.g. graffiti removal, overgrown vegetation removal, litter removal) ❑ Other: Project Address/Location Property owner Acknowledgments I, hereby acknowledge the following stipulations and agree that if this proposal is selected for funding under the Neighborhood Grant Program, such funding shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written grant recipient agreement between myself and the City of Meridian. I specifically acknowledge that: Before my Project is funded, I (or my parent/guardian) will be required to enter into a written INITIAL agreement with the City establishing the specific terms and conditions of the grant funds provided. If this Project is selected for funding, neither the City of Meridian nor its officers or employees will INITIAL assume liability for any loss or damage.This Project may involve risks, some of which are unknown. The procurement of any necessary insurance will be my sole responsibility. The City will not provide INITIAL insurance or other coverage of any kind for loss, theft, or damage that I or anyone associated with the Project may or does incur. The City has made no offer or commitment to issue Neighborhood Grant funds;the City shall have INITIAL no obligation to do so except by, and pursuant to, written agreement. I acknowledge, understand, and agree to these general terms and conditions. Signature: Print name: Parent Signature (If Applicant is Under 18): Date: Neighborhood Grant Application Form Page 1 EXHIBIT B The priority of this project is high as there is a need for more receptacles for flags throughout the community. 3. Detailed project plan, including timeline with specific dates. a) After award of the grant, Post 113 will within one week seek Meridian Parks Department recommendations for precise container placement at City Hall and Kleiner Park. At that time we will also seek written permission from the City of Meridian to install the collection containers. b) After grant award,we will complete the coordination for the operations at ISCC with the Department of Corrections and Post 201. c) After the collection sites are selected and the coordination complete, the portable incinerators will be ordered from the vendor. The portable incinerators will be stored and used at ISCC on Pleasant Valley Road. d) In concert with the ISCC personnel, a concrete pad will be installed for the burners. e) Once the final container placements are determined, Post 113 will seek bids from the container providers. f) When the container vendor is selected, they will be ordered and delivered to a Meridian Parks Department. The Parks Department will determine the desired locations and complete the containers final placement. The containers weigh 400 hundred pounds each. g) When the containers are ordered, we in coordination with the Parks Department will conduct a community wide contest to determine the art work to be placed on the containers. h) When containers are delivered and placed, they will be labeled with winning design of the art work contest. A sign company will be engaged to create the"wrap" for the containers. i) We estimate the entire project will take three months to complete. j) Keeping up with demand will require we burn flags weekly. It takes about 2.5 hours to reduce 50 flags to ash. Because there will be two portable incinerators, Post 201 can process 100 flags per week. After that, it takes 2.5 hours for the burn container to cool so it can be stored. EXHIBIT B 4. Detailed project budget, listing Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. We estimate the containers will cost $2,970 each including shipping. That means the container costs are $5,940. The portable incinerators cost$2,000.00 each and shipping is $100.00. The total costs for portable incinerators is $4,200.00. Cost for the container wraps is estimated to be $1,500. The concrete pad is estimated to cost $500.00 Total cost estimate for the project$12,140. 5. Written permission from property owner allowing the use of the property for the proposed project. The collection boxes will be installed on City property maintained by the Meridian Parks Department, and because we will have written permission prior to commencing. Moreover, written permission fi-om ISCC must be obtained prior to project implementation. 6. If project involves collaboration or co-funding with other organizations or businesses on this project, a letter of support from each. No other organizations are collaborating with us on the project. 4 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Recipient Agreement Between City of Meridian and Anita Burgess for Fiscal Year 2022 Neighborhood Grant Funds RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ANITA BURGESS FOR FY22 NEIGHBORHOOD GRANT FUNDS This RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ANITA BURGESS FOR FY22 NIEIGHBORHOOD GRANT FUNDS ("Agreement") is entered into this 23rd day of^August 12022 by and between the City of Meridian, a municipal corporation organized under they laws of the state of Idaho ("City"), and Anita Burgess, an individual person ("Recipient"). WHEREAS, Meridian City Council has allocated fiscal year 2022 general funds for the purpose of awarding Neighborhood Grants to Meridian residents for projects that bring Meridian neighbors together and improve the community, as set forth in detail in Exhibit A; and WHEREAS, Recipient has proposed to revitalize and expand the playground at Bear Creek Park by the addition of"Beep, Beep, Jeep!" equipment, as set forth in Exhibit B ("Project"), to give children and their families access to the power of play with attention to serving individuals with physical limitations, which activity complements the objectives of the Neighborhood Grant program; and WHEREAS, the Project will be completed in conjunction with the ongoing construction project pursuant to City of Meridian Project# 10105.c, awarded to Garrett Parks +Play ("Vendor"), who has estimated that the cost of adding the Project to the scope of work will be $43,196.56, as set forth in Exhibit C; and WHEREAS, by this Agreement, City and Recipient wish to establish the roles and responsibilities of the Recipient related to the investment and utilization of fiscal year 2022 Neighborhood Grant funds provided to Recipient by City ("Funds"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. RECIPIENT'S RESPONSIBILITIES; PROJECT ADMINISTRATION. A. Activities. Funds, in the amount of thirty-six thousand, six hundred and ninety-seven dollars and fifty-six cents ($36,697.56), will be granted to Project. Funds will only be used for completion of the Project. Use of the Funds shall be consistent with any and all terms and conditions of the Neighborhood Grant Program and this Agreement. B. Recipient Contribution. Recipient shall be responsible for payment of the difference between the grant and the cost of the Project, which amount totals six thousand, four hundred and ninety-nine dollars ($6,499.00) ("Recipient's Contribution"). Recipient shall provide Recipient's Contribution to City on or before August 12, 2022, at 5:00 p.m. The Finance Department of the City of Meridian (33 E. Broadway Avenue, Meridian, Idaho 83642) must receive payment in full by this time in order for Project to proceed. RECIPIENT AGREEMENT WITH ANITA BURGESS FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 1 OF 5 C. Closeout. Within thirty (30) days of completion of the Project, Recipient shall submit a final report to City. The final report shall include: I. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. How were volunteers engaged and used,and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing use of Neighborhood Grant funds, partner organization funds, and in-kind and monetary donations. 3. Photographs of Project completion and final Project. D. Grant Disbursement Process. Following receipt of Recipient's payment in the amount of$6,499.00, and pursuant to City's financial policies and procedures, City will pay Vendor directly for the cost of completing Project. Vendor will complete Project in conjunction with the Bear Creek Park Meridian Project## 10105.c. E. Performance monitoring. City shall designate a Project Manager to oversee completion of Project pursuant to this Agreement. City's Project Manager shall monitor investment of the Funds to ensure that goals of the Project as set forth in Exhibit B and Exhibit C are being met. Performance monitoring shall include review of quotes, receipts, and other documents, as well as site visits, as appropriate. Project Manager shall notify Recipient of completion of the Project. II. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed the Recipient is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever. In all matters pertaining to this Agreement, Recipient shall be acting as an independent contractor, and neither Recipient nor any volunteer, employee, invitee, or agent of Recipient shall be deemed an employee of City. Recipient shall have no authority or responsibility to exercise any rights or power vested in City. B. Photographs. Recipient consents to City's publication and/or use of any photographs or recordings of Recipient; Recipient's volunteers, guests, invitees, agents, and employees; and/or the Project for educational and promotional purposes. C. Acknowledgment of risk. Recipient acknowledges that activity undertaken in conjunction with this Agreement presents risks to the recipient, some of which are unknown, and agrees to assume only those risks. D. Notices. Day-to-day communications between Recipient and the Project Manager shall occur by email or phone, as appropriate. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to Recipient: If to City: ANITA BURGESS City Attorney, City of Meridian 1905 W Merganser 33 East Broadway Avenue RECIPIENT AGREEMENT WITH ANiTA BURGESS FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 2 OF 5 Meridian, Idaho 83642 Meridian, Idaho 83642 nitagem@msn.com cityattorney@meridiancity.org Notices shall be personally delivered, sent by U.S. mail,postage prepaid, or e-mailed. Notice shall be deemed to have been given upon deposit in the U.S. mail, upon personal delivery to the party above specified, or upon sending of an email message. E. Default or breach; cure; termination. If Recipient is in breach or default of any of the terms, covenants or conditions of this Agreement and fails or refuses to cure such breach or default within seventy-two (72) hours of written notice thereof, this Agreement, and all rights of Recipient, at City's option, may be terminated and forfeited without further notice or demand. If the Project is cancelled, Project Manager shall notify Recipient in writing of such cancellation. City shall refund Recipient's Contribution to Recipient within thirty (30) days of Recipient's written demand therefor, which must be submitted within thirty (30) days of the Project Manager's notice of cancellation. Only Project Manager's written notice of cancellation shall signify such event; delays or nonmaterial changes to the Project shall not constitute cancellation. Recipient's damages for any injury alleged under this Agreement shall be limited to the amount of Recipient's Contribution. In no event shall Recipient have any right to the Funds or any portion thereof. F. No Third-Party Beneficiaries.This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person. G. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice,waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Recipient. H. Nondiscrimination. Both Patties warrant and agree that there shall be no discrimination against any person or group of persons on account of race,color, creed, religion, sex, marital status, national origin or ancestry, in the granting or expenditure of Funds or any activity associated with Project. I. Applicable law; nonappropriation. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution and the Idaho Public Records Act. Recipient acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. RECIPIENT AGREEMENT WITH ANITA BURGESS FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 3 OF 5 J. Compliance with laws. Throughout the course of this Agreement, Recipient and each and all of Recipient's volunteers,employees,guests, invitees, and agents shall comply with any and all applicable federal, state, and local laws. K. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable,the remainder of this Agreement shall not be affected. L. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. In the event that the information in the exhibits conflict with a provision of this agreement, the terms of this agreement shall apply. M. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, agreements, or understandings,oral or written, whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Agreement have been made to Recipient. In entering into this Agreement, Recipient relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. N. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their Successors, assigns, legal representatives, heirs, executors, and administrators. O. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. P. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. RECIPIENT: K 2-, V, Anita 1�urgess RECIPIENT AGREEMENT WITH ANITA BURGESS FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 4 OF 5 CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 8-23-2022 Chris Johnson, City Clerk 8-23-2022 RECIPIENT AGREEMENT WITH ANITA BURGESS FOR FY22 NEIGHBORHOOD GRANT FUNDS PAGE 5 OF 5 EXH I BIT A I 2021-2022 Neighborhood Grant Program Overview of Neighborhood Grant Program Meridian City Council has allocated $50,000 for Neighborhood Grants, to be awarded to Meridian residents for projects that bring Meridian neighbors together and improve the community. Applicants may apply for Neighborhood Grant funds in any amount up to$50,000, and may request funds for more than one project. Projects must be complete by September 9, 2022. Timeline Application period open: March 21, 2022 Applications due: May 13, 2022, 5:00 p.m. Selection panel convenes: By May 19, 2022 Applicants notified: May 20, 2022 Signed agreement due: May 27, 2022 Project completion: September 9, 2022 Final report due: September 15, 2022, 5:00 p.m. Eligibility and Criteria Projects funded with Neighborhood Grant funds must be located on public property located within the City of Meridian. Applicants must be residents of the City of Meridian. Upon selection of a project for funding, the City of Meridian will require the successful Applicant to enter into a grant recipient agreement establishing terms and conditions of the grant funds (sample agreement available upon request). In awarding Neighborhood Grants, the selection panel will consider the following criteria: 1. Capacity for neighbor engagement in Project implementation and final deliverable; 2. Contribution to improvement of neighborhood environment and sense of community; 3. Suitability of proposed Project for project site; and 4. Long-term viability and impact of proposed Project. Application To apply, Applicants must submit the following materials to the City Contact listed below. If applying for more than one grant, a separate application must be completed for each project. 1. Completed Grant Application form 2. Written narrative answering each and all of the following questions: a. What do you propose to accomplish and how? b. How do you plan to engage and use volunteers, specifically your neighbors,to help on the project? How many volunteers will be needed? Neighborhood Grant Program Page 1 c. What is the desired impact of this project on your neighborhood and how will you measure it? d. What is the plan for long-term maintenance of items that will be purchased, built, or installed with the funds (if applicable)? e. What is the priority of this Project (if applying for grant funds for more than one project)? 3. Detailed Project plan, including timeline with specific dates. 4. Detailed Project budget, listing Neighborhood Grant funds, partner organization funds, and in- kind and monetary donations. 5. Written permission from property owner allowing the use of the property for the proposed Project. 6. If project involves collaboration or co-funding with other organizations or businesses on this project, a letter of support from each. City Contact Submit application and reporting materials to, and direct any questions to: Molly Medenblik, Community Relations & Policy Advisor Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 Email: mmedenblik@meridiancity.org Phone: 208-489-0535 Reporting Requirements All projects must be completed by Friday, September 9, 2022. A final report must be submitted to the City Contact by Thursday, September 15, 2022. The final report must include: 1. Written narrative answering each and all of the following questions: a. What did you accomplish, and how? b. Wow were volunteers engaged and used, and how many? c. What is the impact of this project on your neighborhood? 2. Final project budget, showing Neighborhood Grant funds, partner organization funds,and in- kind and monetary donations. 3. Receipts supporting final project budget. 4. Photographs of Project completion and final Project. 5. Check payable to City of Meridian for any unused funds. Purchasing Requirements If the proposed Project includes the purchase of goods, services,supplies, or equipment, purchases up to $15,000 will require one written quote, and purchases $15,001 to$50,000 require three written quotes. Documentation will be required prior to release of funds. Limitations Neighborhood Grant funds may not be spent on gift cards, alcohol, tobacco, firearms,or travel. Funds will not be awarded to support any project that in any way: violates law or City policy; violates a legal ownership interest, such as a copyright, of any party. Funds may not be spent for any purpose or message that includes, promotes, or fosters: profane, obscene, indecent, violent, or pornographic content and/or language; discrimination on the basis of race, creed, color, age, Neighborhood Grant Program Page 2 religion, gender, sexual orientation, or national origin; defamatory or personal attacks;threats to any person or organization; information that may compromise public safety; or any purpose or message that the City deems to be inappropriate or not in the best interest of the City of Meridian. Additional limitations may apply. Neighborhood Grant Program Page 3 2021-2022 Neighborhood Grant Program Application Form Applicant Information Applicant name Organization (if applicable) Applicant's parent name (if Applicant is under 18) Phone number E-mail address Mailing Address Project Information Project Name Project Type (check one) ❑ Amenity(e.g., neighborhood garden, bike rack, bike repair station, dog waste bag station) ❑ Beautification (e.g. signage, banners, trees, landscaping, art) ❑ Clean up (e.g. graffiti removal, overgrown vegetation removal, litter removal) ❑ Other: Project Address/Location Property owner Acknowledgments I, ; hereby acknowledge the following stipulations and agree that if this proposal is selected for funding under the Neighborhood Grant Program, such funding shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written grant recipient agreement between myself and the City of Meridian. I specifically acknowledge that: Before my Project is funded, I (or my parent/guardian) will be required to enter into a written INITIAL agreement with the City establishing the specific terms and conditions of the grant funds provided. If this Project is selected for funding, neither the City of Meridian nor its officers or employees will INITIAL assume liability for any loss or damage. This Project may involve risks, some of which are unknown. The procurement of any necessary insurance will be my sole responsibility. The City will not provide INITIAL insurance or other coverage of any kind for loss,theft, or damage that I or anyone associated with the Project may or does incur. The City has made no offer or commitment to issue Neighborhood Grant funds;the City shall have INITIAL no obligation to do so except by,and pursuant to,written agreement. I acknowledge, understand, and agree to these general terms and conditions. Signature: Print name: Parent Signature (If Applicant is Under 18): Date: Neighborhood Grant Application Form Page 1 EXHIBIT B Proj*ect Budget Beep, Beep, Jeep '. In-Kind Donations • Anita Burgess - Research and Development • Elizabeth Burgess - Research and Development ® Kevin Falk - Initial Design and layout of Jeep ® Summer Cook —Copy Writing Budget The total budget for the Beep, Beep,Jeep! interactive and inclusive feature to be added to the Bear Creek Park playground renovation is$33,796.80.The Neighborhood Grant would help fulfill this portion of the project so we could focus additional fundraising and funding efforts on including more adaptive and inclusive equipment like those pictured in the Project Plan. Estimafe Orrell PROJECT HEAR CREEK PARK MERIDIAN DRAWING NIA ESTIMATE 21000-1 BILLTO CITY OF MERIDIAN SHIPTO STEVESIDDOWAY OPTION: 1 33 E.BROAD:vAYAVE. 2400 S.STODDARD RD, DATE 5/12/2022 MERIDIAN,ID 83642 MERIDIAN,ID 83642 EXPIRES .7/11/2022 SSIDDOYJAY@a MERIDIANCITY.0 SSIDDOWAY@MERIDIANCITYO ITEM DESCRIPTION QTY AMOUNT 1003 FREESTANDING PLAY GFRP.,JEEPW/WHEELCHAIR ACCESS,118X92X52 1.00 S 25,102.80 4001 PARTS ADDING LICENSE PLATE TNT AND BEEP BEEP 1.00 S 1,260.00 6003INSTALLATION INSTALLATION OF JEEP 1.00 S 880.00 6007 C014CRETE 42 LF CURBING FOR AREA BUMP OUT 42.00 S 2,310.00 6009 SITE PREPARATION BASE ROCKAND SITE PREP FOR AREA BUMP OUT 1.00 S 770.00 2002 BONDED RUBBER MULCH EXTRA BONDEDRUBBER MULCH FOR BUMP OUT 1.00 S 3,654.00 S - S S - S - S - S - S - 5 - S - S - Thank You SUBTOTAL S 33,976.80 SALES TAX $ Thankyou 6rchoosing Gorrelt Parks andMay foryour recreation equipment needs.We sincerely appreciateyour business! OFFLOAD S TOTAL $ 33,976.80 Correspondence Support of Land Owner From:Steve Siddoway<ssiddoway@meridiancity.org> Sent: Monday, April 18, 2022 8:37 AM To:Anita Burgess<nitagem@msn.com>; Bruce Frecldeton <bfreckleton@meridiancity.org>; Mike Barton<mbarton@meridiancity.org>; Kimberly Warren <kwarren@meridiancity.org>; Elizabeth@hiddengemmerldian.com <elizabeth@hiddengemmeridian.co m> Subject: RE:Anita Burgess-Tim Burgess All Inclusive Park Project-Beep! Beep! Hi Anita! I just got your message today. Thank you to Mike, who pointed out that it had been intercepted by our email filters. I understand that you and Mike connected on Friday and that he will focus on this when he returns from vacation. We look forward to working with you! I have "green-listed" you email address, so your future emails should come through. If you have any questions while Mike is away this week, just let me know. Thanks and have a wonderful week! Steve Steve Siddoway, CPRP I Parks & Recreation Director City of Meridian I Parks and Recreation 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.3579 1 Fax: 208.898.5501 Meridian Parks and Recreation: Quality, Community. Fun. All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Anita Burgess <nitagem(cDmsn.com> Sent: Tuesday, April 12, 2022 8:49 AM To: Bruce Freckleton <bfreckleton(D,meridiancity.org>; Mike Barton <mbarton(cD_meridiancity.org>; Steve Siddoway <ssiddowaya-me rid iancity.org>; Kimberly Warren <kwarren6a0eridiancity.org>; Anita Burgess <nitagem(Dmsn.com>; Elizabeth CcDhiddengemmeridian.com Subject: Fw: Anita Burgess - Tim Burgess All Inclusive Park Project- Beep! Beep! External Sender-Please use caution with links or attachments. Good Morning, Bruce, Mike, Steve, Kim and Elizabeth, I want to follow up with each of you and let you know how much Elizabeth and myself enjoyed our meeting concerning the ideas of our BEEP BEEP JEEP project. I have visited the parks that were suggested. I feel that either park would be ok. Although, in viewing BEAR CREEK park I would love, to see this park move forward for our project. The grand scheme of things this is truly a great area and very sentimental. Tim's Grand Parents Thruman and Doris Scott, owned the majority of this property with our Dairy farm, they allocated a park to be built. Later years, his Uncle and Aunt Theron and Sharon Scott, continued the farming. As well as the George Boyack Family who are dear friends of ours also owned some of the property. I have spoken to each of the families, the Scotts, Boyack's, and the Molenaar's they, are on board as well to help and give support. One of our young cousins on the Scott side is Handicapped as well as Tim, his Mom and Uncle Theron who were wheel chair bound with stokes and Als. Tim helped so many in his career, not only working as a boy on the farm but as he became a Civil Engineer, he helped so many in the community. He designed many a Handicapped Ramps and adaptive equipment to help. Yesterday I visited with a few people using the park. Just to get a few opinions if they felt an "All Inclusive Park" option would be good. Wow! Did I get a response, they were on board- Ha ha the whole team! Here are a few of the needs they are seeing right now. They were concerned about the bark under the playground equipment is a deep mess and the fading existing equipment needs to be replaced. In visiting, I also spoke to a Coach of a small child soccer team. The Coach was thrilled about the idea of an interactive, JEEP, and an interactive pathway where the wheel chairs could move through the park and have things to do along the way. I also expressed our thoughts of the other spongy material for under the play equipment. He said YES!! It's horriable just for a child with out handicaps. My heart is telling me I think Bear Creek is perfect for our mountain theme as well. Smile... and for those who knew Tim we did call him Pappa Bear, but he was actually a Teddy Bear. Strangely enough, we spent many a summer camping at Bear Run in Idaho City. Ok so I am ready to move forward. Tim's Celebration of Life is May 21 and 22. I would like to share with all our friends. If I get a go ahead.?? I would also like to start the process of the Neighborhood Gram because our deadlines are fast approaching- application Due: May 13, 2022. Strange enough it says project needs to be completed by September 9th. WOW! Honk the Horn! Thats Tim's Birthday! Below, I included my first message to Bruce, so everyone is on the same page with my thoughts. Very sorry this is so long. But want to know we are truly excited to get this done. 1.Please, Let me know the next steps you would like me to take. 2.Please send me the information on the company with playground equipment as discussed. But if we can get specks on rules, we might have RUBICON build or a local person in the Treasure Valley. 3. Please send me any other grants we can apply for. 4. .Please reply to me so I know each of you received my letter. Thank you! Always, Anita Burgess Phone 208-890-0424 1905 W. Merganser Meridian, Idaho 83642 From: Anita Burgess Sent:: Friday, March 25, 2022 6:55 AM To: Anita's Jewelers Anita Burgess. <nitagem@msn.com>; Bfreckleton@meridiancity.org <Bfreckleton@meridiancity.org> Subject: Anita Burgess - Tim Burgess All Inclusive Park Project - Beep! Beep! Dear Bruce, Thank you for taking the time yesterday to discuss our families' thoughts on a "All Inclusive Park Project". We would very much appreciate to take this to further discussion and make sure we are on the calendar. So very exciting! I should be able, to be available most afternoons. It's at the top of my priority list for sure. I will be out of town April 27-May4tn I am sending over a few ideas and facts, to give you some incite to what was going on with Tim. Thank you, Always Anita Burgess PS, My Grandson calls Grandpas Yellow Jeep - BEEP! BEEP! - BEEP! BEEP! Park? How cute is that! CONTACT INFO: Anita Burgess Phone: 208-890-0424, Email: Nitagem@msn.com Anita's Jewelers -Meridian, 208-383-4866 Elizabeth Burgess Phone: 208-863-0187 The Tolleth House - Hidden Gem Events - 134 E State Ave, Meridian #1 Concern. My daughter Elizabeth brought to my attention last night there is a ,Neighborhood Grant program that has a deadline of May 13th. Should I try to apply for this? Because that could really help us https://meridiancity.org/mayor/neighborhoodgrant #2 Tims past projects: I thought you would enjoy looking at a few of the projects Tim worked on over the years. Although in looking at this list, I know he did many more. Kinda crazy. He was a very strong, kind, but humble man. But he sure always took care of people! Please see attachment. #3. Photos of a park where our Grandson visited. Attached. Our idea of the jeep's would be so you could actually drive a wheel chair into the space. But this gives a fun visual. I also seen a raised sandbox that is neat, where a wheel chair can pull into it. Great full body swings and a path way for trikes! Brain Storming... sorry Squirrel... My concern, many times installers, get things too high for special needs to reach, so that will be a top priority. Sometime they place a swing so high; you have to always lift the person into the seat. Lifting a Special needs person or transporting them, just to the area to play, is one of the most difficult challenges for all. I get, while taking care of my Mother-in-Law for 10 years with a stroke, then Tim with ALS for 19 months. But were totally paralyzed. #4. We have "Tin-i's Celebration of life" May 21 and 22. We have many friends attending. Please place it on your calendar. Your invite will be coming. Once we know we can move forward, we will start asking for donations for a park, in lu of flowers. Many friends and family are on standby willing to help. Some of my dearest friends, Ann Marie Molenaar and Sister Susie just finished their park. My other friend Becky Kawano did the Densho Garden in Caldwell. My Sister and Brother-in-law Marlyn & Gary Ruschman Ruschman Sand and gravel, have worked on the Botanical Gardens for years. Tims, Aunt Sharon Scott also just sold some of Tims Granddads property for development and they had done a park at Bear Creek and a new one in the property they just sold. As I mentioned my girls were the sister troop (younger girls) and raised money for our Girl Scout troop in Downtown Meridian - "Generations Plaza". Myself I worked for the World Special Olympics for three years. Talk about raise money! ...lol Please rest assured, we are not afraid to step into the ring, and have nothing but good intentions for a needed project to complete a lasting legacy. Keeping my fingers crossed. Please confirm you received my email. Thank you Anita T1, fi ,... ......, , 5 _.v, CG. n... ..\ 5a .•;�, ��. ...,.:vrv+ .-'t.i:.,w¢.,%�e.'•� .......... ..... fit... ..., �. .. �. ' <., ... .... ,.. ..•.... ........ ., ,. :...,.. ... ,.. :T ii , 1, .. ..... {x.y r ... ..... ... .. .... :...,... 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'� Nh. .y 4,, ,✓„`j,a`7'`' s^`/ti 2 ,.? s .'t'..,, >t, 6< PONMT NO ng All �'� �� ���¢`�- � xe�`�u� � �`;i,x:"_,;.-;r..a• r s „r sx rT, >�e,'.`v"�'�•� e..,•r�i.., F �rf'�a.i t r�, ;u 'f�.-'�.J'v-��'� �,-• �, rid py 0 t f j(pd-` ( i � -..., "U• c ,,y S�: i .r" y$` jfjj[.1 . �kt... .•,�;'�Pm 7{€�i[ �� !�6r.,. 1$3'P ,v� 6 i�"�s"S. �:•n l �gdtr'n.?%•".,+^�Si{ :;r p' '14 itii4 � pt°t�j) ° �ren..; ,. .a�' r+ r Lu•a . fr. yx r't •+ :t ##{dt=�i� j S`s S FFmoon A : r';'' •s n : • � � ,tis rs r'J' ....._ r .t`€ t 'S t.JtE txtt ct�El .. t"'y��#xj7,�' " . NO e z S eOut >a `j t S('ri•'< t::f:a,€. OWN < 1 ; Project Plan Beep, Beep, Jeep ', Timeline June 2022: Order interactive and inclusive Jeep equipment from Garrett Parks and Play June and July 2022:Assist and coordinate volunteer efforts to support Meridian Parks and Recreation Department of the Bear Creek Park Playground renovation. August 2022:Work with Garrett Parks and Play, and Meridian Parks and Recreation Department to install the Beep, Beep,Jeep! and surrounding area as described and noted on budget estimate. September 9,2022: Celebration and Opening Day of the Beep, Beep,Jeep!on the anniversary of Tim's birthday and on the completion date of the Neighborhood Grant Project. Build something like this pieceof playground equipment. Use larger metal tubing and finish frame with bent flat pteces o1.1—Ill metal as shown below. Top view of Jeep it Wheelchair access from the rear of the jeep on the flat ground Fenders would be also be bent welded tubing I AA - FroniviawafJecp We will have special Mal plate_ Wheels could be actual tires cut to half like the ones O " O (( > shown above or just make them out of larger dia. with Tim's information on the plate , lr---- 4 ;"' _ - of tubing and bend and pant black, I Paint fenders black to match Cut outs for grill and lights Tim's jeep as shown in right bottom photo. 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F.k � x c I rs ---% a d Pathwa% , �P N �`A� a-r� •��,r �,tx� �yFt`�zt�• •s� -. �'� �5w>= S� .s"::3 �` � ��4 �€ .x�-'F�� } � .4i3� '8��,a'da�,x•,Nr�f. ° x�� � �#� �'�i�� ;��.'st M 'fi a;�a, ,. yt2 sr�, 5 .k. �,-''u 3 w P! is }-c•!-S y }-r.v� l'wsr '�t? fat+ra=u,F��' 'x^I £ t'�'xY xra;.:r' h. ," ,� • �J"M' :_ .tY ^��ls'YY 76§''tip'' �: .jB.+j3•.��' ;� c .xa'.,- R aM.Mlz�� �,��r�y�.4'„�y`'3s� �.s t '>�`�1iji��fi �'•' 3.YFre. � �.0 ar., h x� rrs �� �y �-,v '� :4 � �: f ` wyS, s'y a y .. � ��r �Pd� .;.r• C ' F .yam r t.i?,"�ta,+'.z`�+�'„'�', v�'r- 5 t te% �o �5 r a div e W i I d l i f e r Exhibit C Estimate gorreff PARKS-PLAY PROJECT BEAR CREEK PARK-MERIDIAN DRAWING N/A ESTIMATE 21000-1 BILLTO CITY OFMERIDIAN SHIP TO STEVESIDDOWAY OPTION 1 33 E.BROADWAY AVE. 2400 S.STODDARD RD. DATE 7/5/2022 MERIDIAN,ID83642 MERIDIAN,ID83642 EXPIRES 9/3/2022 SSIDDOWAY@MERIDIANCITY.O SSIDDOWAY@MERIDIANCITY.O ITEM DESCRIPTION QTY AMOUNT 1003 FREESTANDING PLAY GFRP:JEEP W/WHEELCHAIR ACCESS,118X92XS2 1.00 $ 25,102.80 4001 PARTS ADDING LICENSE PLATE TNT AND BEEP BEEP 1.00 S 1,260.00 6003INSTALLATION INSTALLATION OF JEEP 1.00 $ 880.00 6007 CONCRETE 56 LF CURBING FOR AREA BUMP OUT(8"X8"CURB WITH REBAR FOR 56.00 $ 3,080.00 REINFORCEMENTS) 6009 SITE PREPARATION BASE ROCKAND SITE PREP FOR AREA BUMP OUT 1.00 $ 770.00 2002 BONDED RUBBER MULCH 374 SF EXTRA BONDED RUBBER MULCH FOR BUMP OUT 374.00 $ 6,850.76 6009 SITE PREPARATION SAW CUT AND REMOVE 22'SECTION OF CONCRETE 1.00 $ 550.00 PERFORMANCE BOND 1.00 $ 4,703.00 Thank You SUBTOTAL $ 43,196.56 SALES TAX $ - Thonk you for choosing Garrett parks and Play for your recreation equipment needs.We sincerely appreciate your business! OFFLOAD $ - TOTAL $ 43,196.56 Estimate 21000-Jeep-Bear Creek Park-Meridian ( SD-02 Estimate � Questions about your Estimate?Contact us! R 0.Box 57246,Murray,UT 84157 1(800)748-46081 f80.1)265.8443 design@garre ttpl ay,com Notes SALES TAX Sales Tax(if applicable)is subject to change based on purchase location and order date.Final Sales Tax omoun twill be reflected on invoke(s). FREIGHT Freight costs are included in these prices. PAYMENT J PERFORMANCE BOND Payment and/or performance bond costs are not included in this estimate.lfa payment and/or performance bond is required to complete this project,the cost will be added to this estimate or will result in a change order. Estimate 21000-Jeep-Bear Creek Park-Meridian I SD-02 Estimate 2 w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 22-2340: Reappointing Rob McCarvel to Seat 2 of the Meridian Development Corporation, reappointing Kit Fitzgerald to Seat 7 of the Meridian Development Corporation, and appointing Brad Hoaglun to Seat 1 of the Meridian Development Corporation C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Mayor Robert E. Simison Meeting Date: August 23, 2022 Presenter: Mayor Simison Estimated Time: .1 minutes Topic: Resolution no. 22- : Reappointing Rob McCarvel to Seat 2 of the Meridian Development Corporation, reappointing Kit Fitzgerald to Seat 7 of the Meridian Development Corporation, and appointing Brad Hoaglun to Seat 1 of the Meridian Development Corporation Recommended Council Action: To make the recommended reappointments and appointment, and approve the resolution. Background: Pursuant to Idaho Code section 50-2704, Meridian City Code section 1-13-4 charges the full City Council with appointment of members to the Board of the Meridian Development Corporation. By this resolution, City Council will reappoint Rob McCarvel to Seat 2, reappoint Kit Fitzgerald to Seat 7, and appoint Brad Hoaglun to Seat 1 of the Meridian Development Corporation. CITY OF MERIDIAN RESOLUTION NO. 22-2340 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING ROB McCARVEL TO SEAT 2, REAPPOINTING HIT FITZGERALD TO SEAT 7, AND APPOINTING BRAD HOAGLUN TO SEAT 1 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Idaho Code section 50-2704, Meridian City Code section 1-13-4 charges the full City Council with appointment of members to the Board of the Meridian Development Corporation; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to reappoint Rob McCarvel to Seat 2 of the Meridian Development Corporation; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to reappoint Kit Fitzgerald to Seat 7 of the Meridian Development Corporation; WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Brad Hoaglun to Seat 1 of the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That Rob McCarvel is hereby appointed to Seat 2 of the Meridian Development Corporation for a term to run from September 1, 2022 through August 31, 2025; Section 2. That Kit Fitzgerald is hereby reappointed to Seat 7 of the Meridian Development Corporation for a term to run from September 1, 2022 through August 31, 2025; Section 3. That Brad Hoaglun is hereby appointed to Seat 1 of the Meridian Development Corporation for a term to run from September 1, 2022 through August 31, 2025; Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 23rd day of August, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of August, 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION APPOINTING MEMBERS TO SEATS 2,7,AND I OF MERIDIAN DEVELOPMENT CORPORATION PAGE I E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Department: Citywide Fee Updates C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Brad Purser, Finance Meeting Date: August, 23 2022 Presenter: Brad Purser Estimated Time: 5 Minutes Topic: Citywide Fee Updates Recommended Council Action: Seeking approval to notice public in preparation for a public hearing Background: We are seeking to update the citywide fee schedule FY2022 Citywide Fee Updates New/Existing Fee Description Old Fee Amount New Fee Amount Difference Pct Change New Water Meters: 3 inch Meter C2 $2,111.34 $ 2,111.34 New Water Meters: 3 inch C-2 Measuring Chamber Assembly $1,434.69 $ 1,434.69 New Water Meters: 3 Inch MeterT2 $1,461.31 $ 1,461.31 New Water Meters: 3 inch T-2 Measuring Chamber Assembly $996.03 $ 996.03 New Water Meters: 6 inch Compound Meter C2 $6,334.00 $ 6,334.00 New Water Meters: 6 inch C-2 Measuring Chamber Assembly $2,788.39 $ 2,788.39 New Water Meters: 6Inch Meter T2 $5,121.66 $ 5,121.66 New Water Meters: 6 inch T-2 Measuring Chamber Assembly $1,886.74 $ 1,886.74 New Water System Repair Fee: Hydrant Meter 2.5 FHT Swivel and screen $ 282.69 Cost of services necessary to capture a dog at large in Meridian and impound it at the New Impound fee-Dog IHS facility. $50.00 $ 50.00 Fee to impound a Meridian dog at the IHS facility,where the dog has bitten a person, New Impound fee-vicious dog or bite case and/or is reported to be vicious. $ Fee to impound a Meridian cat at the IHS New Impound fee-cat facility. $15.00 $ 15.00 Fee to impound Meridian livestock at the New Impoundfee-livestock IHS facility. $150.00 $ 150.00 Qualified Licensed Professional Engineer (QLPE)Review(Any project reviewed per the provisions of Idaho Code 39-118(2d.). The QLPE review fee includes only the engineering drawing sheets,and does not include cover sheets,standard details or Existing Engineering/Development Services note sheets.) $298.70 per sheet(*a) $307.66 $8.96 3% 11/2 inch C-2 Measuring Chamber Existing Water Meters: Assembly $869.61 $1,034.65 $ 165.04 19% 11/2 inch C-2 Measuring Chamber Existing Water Meters: Assembly(Reclaimed) $887.26 $1,061.78 $ 174.52 20% Existing Water Meters: 11/2 inch C-2 Meter(Reclaimed) $1,407.45 $1,550.91 $ 143.46 10% Existing Water Meters: 11/2 Inch Meter(Irrigation)T2 $953.77 $1,075.91 $ 122.14 13% Existing Water Meters: 11/2 inch meter C2 $1,385.87 $1,572.11 $ 186.24 13% 11/2 inch T-2 Measuring Chamber Existing Water Meters: Assembly $594.16 $718.30 $ 124.14 21% 11/2 inch T-2 Measuring Chamber Existing Water Meters: Assembly(Reclaimed) $678.41 $752.00 $ 73.59 11% Existing Water Meters: 11/2 inch T-2 Meter(Reclaimed) $975.36 $1,099.83 $ 124.47 13% Existing Water Meters: 1 inch meter $187.22 $216.11 $ 28.89 15% Existing Water Meters: 1 inch Meter(Reclaimed) $196.73 $225.37 $ 28.64 15% Existing Water Meters: 2 inch C-2 Measuring Chamber Assembly $869.61 $1,034.65 $ 165.04 19% 2 inch C-2 Measuring Chamber Assembly Existing Water Meters: (Reclaimed) $887.26 $1,061.78 $ 174.52 20% Existing Water Meters: 2 inch C-2 Meter(Reclaimed) $1,615.07 $1,795.48 $ 180.41 11% Existing Water Meters: 2Inch Meter(Irrigation)T2 $1,172.83 $1,306.35 $ 133.52 11% Existing Water Meters: 2 inch meter C2 $1,593.48 $1,741.13 $ 147.65 9% Existing Water Meters: 2 inch T-2 Measuring Chamber Assembly $594.16 $718.30 $ 124.14 219/6 2 inch T-2 Measuring Chamber Assembly Existing Water Meters: (Reclaimed) $678.41 $752.00 $ 73.59 11% Existing Water Meters: 2 inch T-2 Meter(Reclaimed) $1,176.60 $1,300.91 $ 124.31 11% Existing Water Meters: 3/4 inch meter $141.72 $160.70 $ 18.98 13% Existing Water Meters: 3/4 inch Meter(Reclaimed) $159.27 $185.70 $ 26.43 17% Existing Water Meters: 3/4 inch meter(short) $141.72 $160.70 $ 18.98 13% Existing Water Meters: 4 inch C-2 Measuring Chamber Assembly $1,288.39 $1,509.61 $ 221.22 17% 4 inch C-2 Measuring Chamber Assembly Existing Water Meters: (Reclaimed) $1,306.04 $1,531.35 $ 225.31 17% Existing Water Meters: 4 inch C-2 Meter(Reclaimed) $3,465.34 $3,806.35 $ 341.01 10% Existing Water Meters: 4 inch compound meter C2 $3,443.01 $3,806.35 $ 363.34 11% Existing Water Meters: 4 inch T-2 Measuring Chamber Assembly $899.95 $1,055.26 $ 155.31 17% 4 inch T-2 Measuring Chamber Assembly Existing Water Meters: (Reclaimed) $917.51 $1,077.00 $ 159.49 17% Existing Water Meters: 4 inch T-2 Meter(Reclaimed) $2,741.19 $3,105.26 $ 364.07 13% Existing Water Meters: 4 inch Turbo Meter(Irrigation)T2 $2,682.68 $3,072.65 $ 389.97 15% Existing Water Meters: Backflow Assembly 11/2" $554.06 $738.10 $ 184.04 33% Existing Water Meters: Backflow Assembly 1" $315.03 $400.96 $ 85.93 27% Existing Water Meters: Backflow Assembly 2" $587.09 $792.49 $ 205.40 35% Existing Water Meters: Backflow Assembly 3/4" $308.74 $392.25 $ 83.51 27% Existing Water Meters: Backflow Assembly Repair Kit 11/2" $275.45 $395.85 $ 120.40 44% Existing Water Meters: Backflow Assembly Repair Kit 1" $172.55 $248.15 $ 75.60 44% Existing Water Meters: Backflow Assembly Repair Kit 2" $334.95 $481.25 $ 146.30 44% Existing Water Meters: Backflow Assembly Repair Kit 3/4" $111.30 $160.65 $ 49.35 44% Existing Water Meters: Backflow Test Port Valve $11.50 $14.75 $ 3.25 28% FY2022 Citywide Fee Updates .New/Existing Fee Description Old Fee Amount New Fee Amount Difference Pct Change Dual Port MXU(*b) (*b)Charge is half the cost of a dual MXU for dual meter installation in a single common meter vault.(Full replacement Existing Water Meters: cost of a dual port MXU is$241.13) $100.00 $120.56 $ 20.56 21% Existing Water Meters: Hydrant Meter H2 $1,455.33 $1,621.57 $ 166.24 11% OMNI Hydrant Meter H2 Register Existing Water Meters: w/Measuring Chamber,Complete $1,256.60 $1,007.43 $ (249.17) -20% Existing Water Meters: Single Port MXU $171.98 $206.89 $ 34.91 20% Existing Water System Repair Fee: 1 inch Angle Valve $123.21 $124.81 $ 1.60 1% Existing Water System Repair Fee: 1" FIP x FIP Brass Curb Stop Valve $104.46 $117.91 $ 13.45 13% Existing Water System Repair Fee: 1"Comp x 3/4"MIP U-Branch Brass $6 $88.51 $ 20.05 29% Existing Water System Repair Fee: 1"IP 250 PSI Poly Pipe Per linear Ft. $0.88 $0.95 $ 0.07 8% Existing Water System Repair Fee: 1"IP Compression x 3/4 MIP Brass Fitting $41.98 $47.96 $ 5.98 14% 1"x 1"IP PE Compression x Compression Existing Water System Repair Fee: Grip Coupler $59.18 $67.58 $ 8.40 14% Existing Water System Repair Fee: 1.5"IP 250 PSI Poly Pipe Per linear Ft. $2.07 $2.32 $ 0.25 12% Existing Water System Repair Fee: 1.5 inch Angle Valve $292.40 $332.82 $ 40.42 14% Existing Water System Repair Fee: 1.5"FIP x FIP Brass Curb Stop Valve $213.88 $241.43 $ 27.55 13% 1.5"x 1.5"IP PE Compression x Existing Water System Repair Fee: Compression Grip Coupler $128.94 $147.16 $ 18.22 14% Existing Water System Repair Fee: 10"C-900 Pipe Per linear Ft. $23.88 $36.08 $ 12.20 51% Existing Water System Repair Fee: 10" Repair Coupler $291.37 $618.42 $ 327.05 112% Existing Water System Repair Fee: 10"Wedge Restraint Gland Pack $145.58 $186.06 $ 40.48 28% Existing Water System Repair Fee: 10"LPS(Long Pattern Sleeve) $207.90 $220.14 $ 12.24 6% Existing Water System Repair Fee: 12"C-900 Pipe Per linear Ft. $33.64 $50.80 $ 17.16 51% Existing Water System Repair Fee: 12" Repair Coupler $345.54 $732.55 $ 387.01 112% 12" Repair Coupler LPS(Long Pattern Existing Water System Repair Fee: Sleeve) $279.59 $296.15 16.56 6% Existing Water System Repair Fee: 12"Wedge Restraint Gland Pack $152.51 $195.20 $ 42.69 28% Existing Water System Repair Fee: 2 inch Angle Valve $361.96 $388.83 $ 26.87 7% Existing Water System Repair Fee: 2 inch gate valve for hydrant meter $228.39 $309.72 $ 81.33 36% Existing Water System Repair Fee: 2"FIP x FIP Brass Curb Stop Valve $312.81 $353.12 $ 40.31 13% Existing Water System Repair Fee: 2"IP 250 PSI Poly Pipe Per linear Ft. $3.48 $3.81 $ 0.33 10% 2"x 2"IP PE Compression x Compression Existing Water System Repair Fee: Grip Coupler $173.72 $198.28 $ 24.56 14% Existing Water System Repair Fee: 3/4 FIP x FIP Brass Curb Stop Valve $67.20 $75.90 $ 8.70 13% Existing Water System Repair Fee: 3/4 inch angle valves $81.51 $82.85 $ 1.34 2% Existing Water System Repair Fee: 3/4"IP 250PSI Poly Pipe Per linear Ft. $0.56 $0.60 $ 0.04 6% Existing Water System Repair Fee: 3/4"Road Base Material-per yd $17.80 $20.11 $ 2.31 13% 3/4"x 3/4"IP PE Compression x Existing Water System Repair Fee: Compression Grip Coupler $29.60 $33.82 $ 4.22 14% Existing Water System Repair Fee: 4" C-900 Pipe Per linear Ft. $4.56 $6.87 $ 2.31 51% Existing Water System Repair Fee: 4" Repair Coupler $131.92 $270.14 $ 138.22 105% Existing Water System Repair Fee: 4" Wedge Restraint Gland Pack $51.23 $63.99 $ 12.76 25% Existing Water System Repair Fee: 4"LPS(Long Pattern Sleeve) $64.52 $68.34 $ 3.82 6% Existing Water System Repair Fee: 6" C-900 Pipe Per linear Ft. $9.26 $14.02 $ 4.76 51% Existing Water System Repair Fee: 6" Repair Coupler $186.76 $372.81 $ 186.05 100% Existing Water System Repair Fee: 6" Wedge Restraint Gland Pack $61.62 $79.08 $ 17.46 28% Existing Water System Repair Fee: 6"LPS(Long Pattern Sleeve) $108.08 $114.46 $ 6.38 6% Existing Water System Repair Fee: 8" C-900 Pipe Per linear Ft. $15.91 $24.05 $ 8.14 51% Existing Water System Repair Fee: 8" Repair Coupler $224.35 $471.70 $ 247.35 110% Existing Water System Repair Fee: 8" Wedge Restraint Gland Pack $83.36 $106.81 $ 23.45 28% Existing Water System Repair Fee: 8"LPS(Long Pattern Sleeve) $173.71 $183.98 $ 10.27 6% Existing Water System Repair Fee: Adapter 3/4"MIP x HT $10.65 $8.50 $ (2.15) -20% Existing Water System Repair Fee: Adapter 21/2"MNSTx 2"MIP $83.82 $81.38 $ (2.44) -3% Existing Water System Repair Fee: Bushing 1"x 3/4" $4.51 $4.90 $ 0.39 9% Existing Water System Repair Fee: Bushing 2"x 1"Brass $17.52 $18.94 $ 1.42 8% Existing Water System Repair Fee: Bushing 3"x 2"Brass $42.41 $47.21 $ 4.80 11% Existing Water System Repair Fee: Cast-Iron Valve Lid $17.65 $20.16 $ 2.51 14% Existing Water System Repair Fee: Fire Hydrant Assembly $2,300.52 $3,090.61 $ 790.09 34% Existing Water System Repair Fee: Grade Ring-Bottom 2" $40.97 $35.36 $ (5.61) -14% Existing Water System Repair Fee: Grade Ring-Top 4" $48.72 $42.53 $ (6.19) -13% Existing Water System Repair Fee: Hydrant-6"Extension $614.29 $742.54 $ 128.25 21% Existing Water System Repair Fee: Hydrant Break-Away Kit $299.34 $363.84 $ 64.50 22% Existing Water System Repair Fee: Hydrant Meter 2.5 FHT Swivel/no screen $94.11 $143.15 $ 49.04 52% Existing Water System Repair Fee: Hydrant Meter Gate Valve Handle 2" $34.50 $40.60 $ 6.10 18% Existing Water System Repair Fee: Lid Only-24"Manhole Cover $151.07 $155.79 $ 4.72 3% Existing Water System Repair Fee: Manhole Ring $191.15 $213.93 $ 22.78 12% Existing Water System Repair Fee: Meter Setter 1 inch $532.66 $593.37 $ 60.71 11% Existing Water System Repair Fee: Meter Setter 1.5 inch $1,626.78 $1,782.45 $ 155.67 10% Existing Water System Repair Fee: Meter Setter 2 inch $1,890.25 $2,187.79 $ 297.54 16% Existing Water System Repair Fee: Meter Setter 3/4 inch $319.90 $376.98 $ 57.08 18% Existing Water System Repair Fee: Nipple 11/2"Close Brass $7.39 $8.18 $ 0.79 11% Existing Water System Repair Fee: Nipple 1"Close Brass $3.77 $4.19 $ 0.42 11% Existing Water System Repair Fee: Nipple 2"Close Brass $11.26 $12.51 $ 1.25 11% Existing Water System Repair Fee: Nipple 3/4"Close Brass $2.55 $2.87 $ 0.32 13% Existing Water System Repair Fee: Non-Traffic Meter Tub 36" $128.48 $149.13 $ 20.65 16% FY2022 Citywide Fee Updates .New/Existing Fee Description Old Fee Amount New Fee Amount Difference Pct Change Rated 42"Meter Tub/Tile for Existing Water System Repair Fee: Single/Double Services $167.96 $181.30 $ 13.34 8% Existing Water System Repair Fee: Non-Traffic Rated Standard Lid&Ring $146.47 $240.89 $ 94.42 64% Existing Water System Repair Fee: Residential Meter Lid and Ring $134.02 $161.63 $ 27.61 21% Existing Water System Repair Fee: Silt Sand-per yard $12.34 $27.70 $ 15.36 124% Existing Water System Repair Fee: Sod sf It $0.32 $0.34 $ 0.02 6% Existing Water System Repair Fee: STORZ fitting-4.5 hydrant nozzle $239.94 $233.06 $ (6.88) -3% Existing Water System Repair Fee: Traffic Rated Lid 20" $130.02 $153.20 $ 23.18 18% Existing Water System Repair Fee: Traffic Rated Meter Tub 42" $150.33 $169.43 $ 1910. 13% Existing Water System Repair Fee: Traffic Rated Ring 20" $125.02 $213.66 $ 88.64 71% Existing Water System Repair Fee: Valve Box-16"Top Section $34.54 $44.10 $ 9.56 28% Existing Water System Repair Fee: Valve Box-26"Top Section $62.70 $78.32 $ 15.62 25% Existing Water System Repair Fee: Valve Box-36"Bottom Section $55.00 $68.96 $ 13.96 25% Existing Water System Repair Fee: Valve Box Extension Riser 1-6" $44.21 $60.19 $ 15.98 36% Fee to impound a Meridian dog at the IHS Delete Dog Redemption fee facility. $10.00 $0.00 Delete CD or DVD with public record information $1.00 ea $0 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report -July 2022 City of Meridian Monthly Financial Report FY2022 July 2022 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 go row �r 11 - �� — — Ism lo® ,��- IWO!, JT �E IL7IhI:-�' F:\Reporting\Monthly Reports\FY2022\FY22 - 10 July Council Report 1 of 1 Monthly Financial Report �E IDIAN�--- FY2022 July 2022 2022 City of Meridian Investment Portfolio Yield by Investment Type I IDAHO STATE POOL IDAHO BOND FUND 1.60% CASH 0.00% FIB M 0,62% •FIB MoneyMarket$1,651,785 •Cash$14,390,369 MONEVMARKET •Idaho Bond Fund$72,195,944 •Idaho State Pool$143,155,054 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $900,000 $800,000 $140,000,000 $700,000 $120,000,000 $600,000 $100,000,000 $500,000 $80,000,000 $400,000 $300,000 $60,000,000 $200,000 $40,000,000 $100,000 $20,000,000 $0 — General Enterprise $ General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY22 ■FY21 F:\Reporting\Monthly Reports\FY2022\FY22-10 July Council Report 1 of 1 Monthly Financial Report FY2022 E IDIAN,-- July 2022 IDAHO July 2022 GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $8o,000,000 $60,000,000 -- - $40,000,000 $20,000,000 ..... ..................... _..------- ----- $- 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Nonspendable ■Restricted ■Conunitted ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 jo $20,000,000 $10,000,000 ___. t-,. $- 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Assigned ■Unassigned ■Assinged Reserves F:\Reporting\Monthly Reports\FY2022\FY22-10 July Council Report 1 of 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works: Public Works Week Sponsor Proceeds Donations C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: August 23, 2022 Presenter: Laurelei McVey, Public Works Estimated Time: 5 minutes Topic: Public Works Week- Sponsor Proceeds Donations Recommended Council Action: No official action required. Background: As part of the annual Public Works Week celebration, sponsor donations are collected to help defray some of the cost for various events. This year we were successful in bringing back the Public Works Week Expo event which was a great success with an impressive turnout. As we have done in the past, after covering our expenses with the generous sponsor donations, we are excited to share the remainder of these proceeds with several of our community organizations: • Meridian Food Bank • Parks' Department Care to Share scholarship program • SWAC Community Recycling Fund We know these funds will be helpful to each of these agencies in fulfilling their charitable missions in our City. Questions related to this should be directed to: Laurelei McVey, Public Works, lmcvey@meri than city.org, 208-888-5500 8/24/2022 2 Interagency Lt. Tyler Jussel, ISP D3 PatrolCaleb Lakey, ITD D3 EngineerDan McElhinney, ITD COO8/23/2022 (Eagle Road)55-SH Meridian City Council Work Session 1 1 8/24/2022 4 total of $54K2 bridge crossings were constructed in 1930 for a •84 to connect as it is today.-55 added portion from Fairview to I-In 1990 SH•55-History of Eagle Road, SH 3 32,500 (East of Eagle Rd)–44 -SH•25,500 (near Eagle Rd)–Chinden•28,000 (near Eagle Rd)–Fairview •24,500 -Broadway •57,500 (just north of Franklin)–Eagle Rd •Traffic Counts ADT 2021 2 8/24/2022 6 2012 84-I EagleVillage 5 2022-Current Surroundings 3 8/24/2022 8 1992 7 2002 4 8/24/2022 LanesTurn Ustick 10 System installed May 2022ACHD,–Measures System Automated Signal Performance Responsive to Change 9 15 Signals Responsive to Change 5 8/24/2022 FairviewSH 44US 20/26McMillianUstickNBSB kcitsU NB 12 58 mph–SB 54 mph–NB 8 AM-7WORKZONE57 mph –58 mph SB –57 mph SB –46 mph SB –SB 59 mph–57 mph NB ––56 mph NB –NB 9:30 PM-7 Speed Checks 11 2015-Access Control Medians added 2013 Responsive to Change 6 8/24/2022 14 2021 ChindenFranklin to Crashes 13 163 7.84%Failure to Yield Review of Crash Data 7 8/24/2022 16 Under Construction–16 -SH•32,500 (East of Eagle Rd)–44 -SH•25,500 (near Eagle Rd)–Chinden•28,000 (near Eagle Rd)–Fairview •24,500 -Broadway •57,500 (just north of Franklin)–Eagle Rd •Traffic Counts ADT 2021 15 5 years and 74.2 in 2020.over the last 65.8520) was -90 and SR-5, I-and highways excluding ITo compare, Seattle’s overall crash rate (arterials, major arterials, •for the last 5 years.40.944 is -84 to SH-Crash rate from I•rate.crash 80.3for segments in Idaho at #262 St Luke. It is –ramp to Magic -84 off-55 is from WB I-Highest crash rate on SH•ADT 28k, curb gutter sidewalk, and county road–Fairview –ADT 24.5k, curb gutter sidewalk–Broadway –Rural Drainage, ADT 2021 50k+–Eagle –55 (Eagle) compare? -•Crashes 8 8/24/2022 with injury.Most have resulted in property damage and some –yield”Types vary some, but commonality is a “failure to –7 crashes at each-4–Crash Data•block accesses-6 channelized mid–ChindenBetween Franklin and •18 Unsignalized Left Turns 17 Changing or restricting access has consequences•Parcels cannot be denied access to property.–Minimum distances between access points. –Access from local road, if possible, for safety and mobility. –IDAPA is the policy used. •Case by case basis•Teamwork with the city and business/development•Access 9 8/24/2022 20 Access control•Visual messaging (digital boards, striping, signage)•Speeds•Things that will be considered:–Update Council by next spring–teamReview the corridor with ISP, ACHD, Meridian –Corridor operational study•Summary and Next Steps 19 road is best, but we will continue to adjust.backagecrucial. Access from local, frontage, or Land use planning and forethought is -Access •similar roadways in the country.Crash statistics are not unreasonable compared to •suggest a speed change is warranted.Speed checks completed this summer don’t •Summary and Next Steps 10 8/24/2022 22 community and other stake holders.City cohost open house to communicate to •City invite us back to report on finding.•operational study.City dedicate staff time to participate in corridor •Recommendations 21 Enhanced enforcement in September–and McMillenUstickturn loon project at -U–projectCorridor paving this fall, next summer and restripe –lane widening rd 3–Signage review and updates–Recently completed and ongoing efforts:•Summary and Next Steps 11 8/24/2022 23 Questions?12 w 0(44 Se.ss,-CNA r-�eM I � DRAFT Request for Applications : City of Meridian Emergency Housing Assistance ( EHA) Partner Grant Program Program Description : The City of Meridian has received funding from the United States Department of Treasury under the American Rescue Plan Act ( ARPA ) of 2021 . The City seeks nonprofit and quasi - governmental partners prepared to use these funds to deliver emergency housing assistance services to Meridian residents . Application Period : Opens at 8 : 00 a . m . on September 1 , 2022 , closes at 5 : 00 p . m . on September 30, 2022 Available Funding : $ 250, 000 ( One -time ARPA funds ) Service Delivery Timeframe : October 26, 2022 to September 30, 2023 Eligible Applicants : Nonprofit organizations, as recognized by the IRS and Idaho Secretary of State , and quasi - governmental entities established by Idaho Code , with a primary focus on the Eligible Services as set forth below . Consideration will be given to the applicant ' s : • Prior experience with federal grant programs ; • Prior experience in delivering the Eligible Services ; • Administrative and financial capacity to provide the Eligible Services ; • Appropriate design of the program delivery approach ; and • Ability to comply with Applicable Rules and provide regular reporting to City pursuant to written Agreement . Eligible Services : Emergency housing assistance services to persons residing within Meridian city limits, as such services are enumerated in the Applicable Rules, including : • Rent, mortgage , and /or utility assistance, including direct or bulk payments to offset customer balances • Assistance paying delinquent property taxes to prevent tax foreclosures on homes • Counseling and legal aid to prevent eviction and homelessness • Emergency programs or services for individuals or groups experiencing homelessness ( including temporary residences, rapid rehousing ) • Housing stability services that enable households to maintain or obtain housing ( e . g . , housing counseling, fair housing counseling, case management related to housing stability, outreach to households at risk of eviction or promotion of housing support programs , housing related services for survivors of domestic abuse or human trafficking, specialized services for individuals with disabilities or seniors ) • Counseling to prevent foreclosure or displacement • Relocation expenses following eviction or foreclosure ( e . g . , rental security deposits, application or screening fees ) DRAFT Required for Application : • Complete project application through Neighborly portal , including a narrative of the proposed Eligible Services to be delivered . • Proof of System for Award Management ( SAM ) registration and Unique Entity Identification ( UEI ) number . • Acknowledgement of compliance with non - discrimination , fair housing, and lead - based paint regulations . Applicable Rules : • Department of the Treasury Final Rule for Coronavirus State and Local Fiscal Recovery Funds, 87 Fed . Reg . 4338 (January 27 , 2022 ) ( to be codified at 35 C . F . R . Part 35 ) • 31 CFR section 35 . 6 ( b ) ( 3 ) ( ii ) ( A ) ( 1 ) ( 87 Fed . Reg . 4448 ) • Supplementary Information at . 87 Fed . Reg . 4360, regarding Emergency Housing Assistance • Latest U . S . Treasury guidance and FAQs To Apply : https : // portal . neighborlysoftware . com / meridianid / participant Timeline ( subject to revision ) : 9/ 1/ 22 : Application period opens at 8 : 00 a . m . 9/30/22 : Application period closes at 5 : 00 p . m . By 10/3/22 : Review of applications by scoring committee 10/ 11 /22 : Recommended projects will be presented to Council for final approval . By 10/ 18/22 : Selected partners negotiate and sign written Agreement with the City for use of EHA funds . 10/ 25/22 : Approval of Agreement by City Council . By 9/ 30/23 : EHA funds invested and reporting complete per Agreement and Applicable Rules For more information : Contact Crystal Campbell , ccampbell@meridiancity . org