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Home My WebLink About2024-01-02 Special Meeting CITY COUNCIL SPECIAL MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 02, 2024 at 5:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the December 19, 2023 City Council Work Session 2. Newkirk Subdivision No. 1 (ESMT-2023-0181) Sanitary Sewer and Water Main Easement 3. TM Center East Subdivision No. 1 (ESMT-2023-0179) Sanitary Sewer and Water Main Easement No.1 4. Final Plat for Centerville Subdivision No. 2 (FP-2023-0022) by Kent Brown Planning Services, located near the southeast corner of E. Amity Rd. and S. Hillsdale Ave. 5. Development Agreement (Alexanders Landing Subdivision H-2022-0084) Between City of Meridian and Quarter Horse Lane, LLC for Property Located at 4574 W. Quarterhorse Lane 6. Development Agreement Modification (Lavender Heights H-2022-0017) Between the City of Meridian and LH Development, LLC for Property Located at 2160 E. Lake Hazel Rd. 7. License Agreement Renewal between the City of Meridian and Ada County for Meridian Police Department for Fiscal Year 2024 K9 Training 8. License Agreement Between Meridian Development Corporation and City of Meridian for the Relocation of the Hunter Lateral 9. Approval of Equipment Purchase Contract and PO# 24-0199 with Columbia Electric Supply for the purchase of eighteen Low and Medium Voltage Variable Frequency Drives (VFD) and associated equipment for the Wastewater Resource Recovery Facility Aeration Basins for the Not-To-Exceed amount of $1,087,999.92 10. City of Meridian Financial Report - November 2023 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] ACTION ITEMS 11. Fiscal Year 2024 Budget Amendment in the Amount of $250,000.00 for Well 29 Pump Upgrade Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 12. Ordinance No. 24-2042: An Ordinance (Alexanders Landing Subdivision – H-2022- 0084) annexing the northwest quarter of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A;” rezoning 7.03 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener RECOGNITION 13. Recognition of Outgoing City Council Members Jessica Perreault and Brad Hoaglun ADJOURNMENT 5:49 PM Meridian City Council Special Meeting January 2, 2024. A Meeting of the Meridian City Council was called to order at 5:00 p.m., Tuesday, January 2, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Also Present: Chris Johnson, Bill Nary, Laurelei McVey, Kyle Radek, Jeff Brown, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE _X_ Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is January 2nd, 2024, at 5:00 p.m. We will begin this evening's City Council Special Meeting with roll call attendance. ADOPTION OF AGENDA Simison: First item up is adoption the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: There are no changes to tonight's agenda. I move that we adopt the agenda as published. Overton: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the December 19, 2023 City Council Work Session Meridian City Council Special Session January 3,2024 Page 2 of 16 2. Newkirk Subdivision No. 1 (ESMT-2023-0181) Sanitary Sewer and Water Main Easement 3. TM Center East Subdivision No. 1 (ESMT-2023-0179) Sanitary Sewer and Water Main Easement No.1 4. Final Plat for Centerville Subdivision No. 2 (FP-2023-0022) by Kent Brown Planning Services, located near the southeast corner of E. Amity Rd. and S. Hillsdale Ave. 5. Development Agreement (Alexanders Landing Subdivision H-2022- 0084) Between City of Meridian and Quarter Horse Lane, LLC for Property Located at 4574 W. Quarterhorse Lane 6. Development Agreement Modification (Lavender Heights H-2022- 0017) Between the City of Meridian and LH Development, LLC for Property Located at 2160 E. Lake Hazel Rd. 7. License Agreement Renewal between the City of Meridian and Ada County for Meridian Police Department for Fiscal Year 2024 K9 Training 8. License Agreement Between Meridian Development Corporation and City of Meridian for the Relocation of the Hunter Lateral 9. Approval of Equipment Purchase Contract and PO# 24-0199 with Columbia Electric Supply for the purchase of eighteen Low and Medium Voltage Variable Frequency Drives (VFD) and associated equipment for the Wastewater Resource Recovery Facility Aeration Basins for the Not-To-Exceed amount of $1,087,999.92 10. City of Meridian Financial Report - November 2023 Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda. For the Mayor to sign and Clerk to attest. Overton: Second. Meridian City Council Special Session January 3,2024 Page 3 of 16 Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from Consent Agenda. ACTION ITEMS 11. Fiscal Year 2024 Budget Amendment in the Amount of $250,000.00 for Well 29 Pump Upgrade Simison: So, we will move on to Action Items. First up is Item 11, which fiscal year 2024 budget amendment in the amount of 250,000 dollars for Well 29 upgrade and turn this over to Director McVey. McVey: All right. Thank you. First I'm really excited this many people are excited about Well 29. 1 don't think we have ever had so many people show up. Kidding. All right. So, just to orient yourself, this is a budget amendment for water in Zone One. So, Zone One is in our northwest corner of the city. Currently we only have one well in this zone and that's Well 29. We are currently under construction on Well 34, but I will talk a little bit about the delay that has happened there and the need to potentially accelerate the pump upgrade at Well 29. So, just a little bit of history, because it's important on this one. So, we completed Well 18 and we started design on Well 34 in 2021. Most of the time these new wells take us about three to four years to complete and so we were moving along in that process. Unfortunately, we have experienced a couple of delays with contractors and the contractor's equipment had challenges, too. So, we are experiencing about a two year delay that we are anticipating to finish Well 34. So, what we are asking to do is we had a pump upgrade scheduled in the CFP to start in 2026 and we are asking to just pull that forward to FY-24, so we can get started on that. Essentially when we build these wells we build them so that they have a pump that meets the capacity of today and, then, they are able to -- when the need grows to a certain level we can just swap out the pump, put a new pump in and it gains us additional capacity. So, we have plenty of water, but the issue is pumping it out of the ground in the area of town where we are experiencing the growth. So, one of the questions might be do we have to do this right now? No, but what happens is we pump water from Zone Two and, then, we bleed it over into Zone One and that essentially wastes energy and can cause us some operational considerations. So, this is an easy way for us to gain some additional capacity much quicker than building a brand new well and, then, once we have 29 upgraded with the new pump and we have 34 finished, this zone or part of town should be well set for quite a while into the mid 2030s. So, essentially, what I'm asking is to just move forward a planned project due to some delays that we have encountered on another project. Meridian City Council Special Session January 3,2024 Page 4 of 16 Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Can you talk about the delays that you have encountered on the other project? McVey: So, I'm actually going to turn this over to Kyle, because he will be able to give you better details. Radek: Council Woman Strader, Mr. Mayor, where do I start? So, we initially -- we were on schedule, we were -- we had the contractor out there about this time last year and they were -- the beginning of these projects is a test well and we usually drill about a thousand feet into the ground and -- and, then, we put in a series of tubes that we actually make from eight to ten wells out of one hole and you construct that from the bottom up and -- and what can happen and what did happen in last spring is the drill -- it got really cold and the driller had difficulty circulating his mud and keeping his -- his engineered polymer mud at the right viscosity and we had swelling clays and the hole started to collapse and so he got one of those test well tubes in and basically abandoned the rest of the well. So -- so, of the probably -- probably -- we designed these -- I think I said eight to -- eight to ten, maybe up to 12, but we got one in and so then he -- then he -- he -- he filled the rest of the well up with -- you know, abandoned it properly with grout and, then, left the site and -- and, then, he was going to get started again this summer after he did some wells for Meta, which is another issue we have of -- they have been very demanding of -- of his time and getting their wells drilled and does that mean that we are less important than Meta? Well, I'm not -- I'm not sure if I can get a straight answer on that, but I -- I'm pretty sure we are getting a better deal than Meta, but -- but, then, when he was ready to start drilling again this summer he had equipment problems and had to get a new pump for his -- his grout pump and then -- and, then -- yeah, I can't remember the other problem he had, but -- but, anyway, he didn't get started until -- until fall this year. So, we are back and -- oh. The other problem he had initially getting started -- I'm sorry I didn't mention this -- but there was -- at the tail end of the COVID supply issues, there was a problem getting PVC for the well as well. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, to summarize, delay, equipment issues, contractor issues, it sounds like we will take it offline. I appreciate that. Simison: Council, any additional questions? Okay. Thank you. Do I have a motion? Hoaglun: Mr. Mayor? Meridian City Council Special Session January 3,2024 Page 5 of 16 Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move that we approve a fiscal year 2024 budget amendment in the amount of 250,000 dollars for Well 29 pump upgrade. Strader: Second. Simison: Motion and a second. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Hopefully this one goes better. MOTION CARRIED: ALL AYES. 12. Ordinance No. 24-2042: An Ordinance (Alexanders Landing Subdivision — H-2022-0084) annexing the northwest quarter of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A;" rezoning 7.03 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: With that we will move on to Item 13, which is Ordinance No. 24-2042. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Alexander's Landing Subdivision, H-2022-0084, annexing the northwest quarter of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada county, Idaho, more particularly described in Exhibit "A;" rezoning 7.03 acres of such real property from RUT to R-8 zoning district; directing city staff to alter all applicable use and area maps as well as all zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Meridian City Council Special Session January 3,2024 Page 6 of 16 Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 24-2042. Overton: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2042. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. RECOGNITION 13. Recognition of Outgoing City Council Members Jessica Perreault and Brad Hoaglun Simison: The final item on today's Special Council Meeting is a recognition of outgoing city council members for Council Woman Perreault and Councilman Hoaglun. You know, try to be respectful of some of their wishes in terms of not making this more than it needs to be or can be, but I will let each Council Member speak to what they find, but I will go and take a few minutes first if that's -- that's okay. And I will start with Council Woman Perreault, who we came in together four years ago and I just want to say I value very much the efforts that you have taken in the area of housing here in our community and community -- the community development planning process and I know that you are coming from your time on Planning and Zoning, that that's always been a passion of yours and you carry that forward here to the city and I think the applicants -- the applications that were approved are better because of it. The planning staff I think has thought differently about things because of your conversations and I think the community has heard your questions as well. So, it's been a pleasure and I don't know what comes next and I don't think you know that either, but we -- it's been great serving alongside of you. We value it very much. Mr. Hoaglun, you know, I had the pleasure of first meeting you over at Rick's Press Room prior to your appointment at an event for Mayor Tammy, if memory serves me correctly, and got to know you then and you have been a part of my service to the city ever since in various capacities, sometimes taking a hiatus, sometimes coming back, but the last two years specifically you have made my job -- I don't want to say easy by any stretch of the imagination, but you have allowed Meridian City Council Special Session January 3,2024 Page 7 of 16 our relationship to grow through the process and, you know, made it -- the job easy here for me in -- in that -- in every Wednesday our conversations, I never had to worry about where we were coming from or where we were going, because we were there together and so I just want you to know I have value and appreciate that, more than you realize. You have been a great friend and mentor, you know, for 17 years to me and it's not over, it's just going to be different. I know that moving forward. So, just want to say thank you to you for that and I will let the rest of the council members who want to speak speak. We do have plaques, which I think we will just go ahead and pull during the meeting when we are done and if anyone wants to take pictures we can do that from that standpoint. But appreciate and value you both. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will say a few words. It's been a pleasure serving with both of you and I will start with Council Woman Perreault. You have served our community with so much heart and you tackled the issues head on and you weren't afraid to take on the biggest issues, the most thorny issues. You were never intimidated. You never stopped. You always pushed as hard as you could and especially when it came to affordable housing. I think that you have moved the needle more than anyone else has on our City Council on that topic and I'm grateful to you. I'm grateful for your friendship and just believe that you have really served our community well. And for Council Member -- or Council President Hoaglun, you know, I appreciate you, too, and we had a rough campaign, but I think we can say that we are friends still and I think you have always served our community from your heart and that you are a person who really cares about our community and that that was reflected in your service on our City Council. So, I'm grateful to you as well. So, I just appreciate both of you and you will be missed. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I would like to start off by thanking Council Woman Perreault. When I first got this job just a year ago you were the first person that really reached out and came over to my house and wanted to help me understand everything and walk me through different applications and I can't tell you how much I appreciate that. For those starting out it's been called drinking from a firehose and it is, but you helped that a lot and took some of that pressure away from me and I really appreciate it. And I'm not just saying that because of the personal side of how you are helping out members of my family right now, but I appreciate it very much and so today thank you for your service. It's been fantastic. Councilman Hoaglun, I can't even remember how many years that I have known you, because when I first started working with you I was sitting in those seats wearing a uniform. You have been working for the city, for the employees, for the best interest of the city for such a long time. I'm going to miss that the only two people sitting up here that graduated from Meridian High School when it was the only high Meridian City Council Special Session January 3,2024 Page S of 16 school in the city. I'm going to lose my sidekick. And when I look back at council members that have served, I look at the greats. You know, I remember very fondly Keith Bird and Charlie Rountree and David Zaremba. But, Brad, you are always going to be one of those greats for the level of service that you have always provided the city in what you have done over these past -- literally 20 years off and on time that you worked for the city and the things you have done. I will never forget it and I use it as an example going forward. Thank you so much. Cavener: Mr. Mayor? Simisom Councilman Cavener. Cavener: A couple thoughts. Try and keep my composure. I want to start just for everyone that's here. From my perspective this is the finest city council that I have ever had the pleasure of serving with. We have had some great, some Titans, but as a team I have really enjoyed being a part of this amazing team and a lot of it has to do with Jessica. Jessica and I didn't know each other real well. We, I think, had some preconceived notions of each other when she started and it is a true joy that when you are -- your time is coming to an end that I'm losing a friend and that's bittersweet, because a couple of things that I want to share about Jessica, because these are things that I'm taking away from her. Three things. First is her -- her gentle tenacity. Jessica has a unique ability to get to the facts in a really really kind manner. She's unwavering. You are not going to talk her away from anything, but she's going to get to the bottom of it with kindness and grace. As someone who from time to time has been a little passionate up here at the dais, I appreciate someone else who brings a little passion to the role and sitting beside you it's been really really great to see your passion, not just for the issues, but for our community. And the other thing that I didn't realize we benefited from was your expertise in the real estate environment and I just so thank you for bringing that subject matter expertise to the table to what my colleagues have said before it has made for better applications, better questions, better response from our applicants and from our staff and so it's I hope enjoyable that you are leaving quite a legacy here on our Council and I think our Council is better for it because of you. No problem. With Brad it's -- it's -- it's also a little bit different. People go away to, you know, baseball fantasy camp or rock and roll fantasy camp. For four years that have I been able to sit between these two people I have been at public service fantasy camp and when I -- when I was first elected I remember telling my wife if I could do the job half as good as Brad Hoaglun I think I will do an okay job. I have learned so much sitting next to you and probably one of the things that I have learned is that I still have a lot to learn and I appreciate your -- your wisdom and your leadership and you are a true teacher. We have all been better because we have been able to sit next to you and learn from you. To that point we, as a Council, talk a lot about the Keith Bird rule and it's something that I appreciate Council Member Borton always keeping top of mind and the thought of the Keith Bird Rule is that when we are up here we advocate like cats and dogs for the positions that we believe in. We beg, borrow and steal to do what we think is best. We take a vote. And, then, Wednesday we go back together working together for the city and Keith embodied that. I think we as a Council have embodied that. But if Meridian City Council Special Session January 3,2024 Page 9 of 16 will you all indulge me, I'm going to propose a new rule which is the Hoaglun Rule. I -- this won't come as much of a surprise to anybody here in the room -- I have made some mistakes up here. We all as Council Members as humans have made mistakes and I was thinking a lot about this this past season and -- and Brad continued to teach and lead us and so the Hoaglun Rule that I'm going to propose is that when we all inevitably make a mistake, which we will, we are going to own it. We are going to work to make it right and we are going to learn from it and, Brad, you have continued to teach me and I'm -- I'm still going to be about half as good at this job as you are, but with your wisdom and tutelage I think I'm going to get there and I just want to thank you for everything that you have done for me, for my family, the encouragement, the teaching and the example that you have led for our Council. It's been well received and appreciated. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I apologize, I'm trapped in an airport and can't be there in person, but I certainly wouldn't want to miss this. I think the way that Council Woman Strader references gratitude and the gratitude that I have for both of you a dozen different ways, but to make it short and sweat, Jessica, take it to heart, short and sweet is the most amazing, powerful tool that you bring to every week. You are very passionate in every single application and every single task at hand. It feels like you have served more years than you have and I think it's just a testament to how driven you have been week over week to be involved and engaged and I think it just comes from your heart. I think to the community you truly -- your passion and heart for what Meridian is and -- and you -- your passion for the details shows every week and the details matter and you keep pushing for us to try and make a decision a little better, to make an application a little better and hear the public a little more, those little details matter, Jessica. You have had a big impact and it's been helpful to remind us on how to serve and remind us why we serve that you show us every week. So I appreciate you sharing that. I'm grateful for learning from you and watch you display that week over a week, so you lead with heart and I love it. Mr. Hoaglun, we have worked together for a long long time, brother, and the gratitude that I have for you and your service -- it's not just your humility and your respect towards the process and the people involved, you have always been able to weave together an historical context in what we do. Your perspective on why we made certain decisions, whether it was five years ago, ten years ago, or that led to that might be an appropriate perspective in making a decision today. I'm trying to be mindful more and more about the long-term impact of our decisions in a variety of things that come before us and I'm grateful, because I think a lot of that comes from you, watching you try to make decisions with leadership that's not focused on this week or this month. There is times when all of us are gone and there is seven more up there trying to make long- term decisions. I think that perspective is what is the reason why Meridian is successful today, because that attitude existed in prior councils and I think you carried it forward throughout your entire service. Hopefully it's rubbed off on all of us. I know it's had a huge impact on me and I'm very grateful for that and you will certainly be missed. Take comforted in the fact that -- the way you had that caretaker focus is important as well. Meridian City Council Special Session January 3,2024 Page 10 of 16 That we are going to try and serve in the manner you serve and keep that long-term view for Meridian. So, I'm very very grateful to you and having that impact on and how to serve well. So, let's do both. Simison: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I'm okay if passionate means long winded and opinionated. No. I'm just kidding. I really am passionate and I love this city. I made some notes, so I'm going to read them, because I'm a little emotional this evening, so I don't want to lose my place. Excuse me. It was wonderful to sit down and write out all the things that I have enjoyed and learned from -- from each of you and just the incredible honor it's been to have a group of people who are willing to vote for just an average girl who had a desire to -- to benefit her community and to use the things that she has had the opportunity to learn in my career and in my life to hopefully continue the amazing service that the council members before us had done and so I want to share something about each of you. Liz, thank you so much for -- excuse me. I wish Treg was here. I think that's the first time I have cried on the dais. Thank you for challenging me to think big -- think bigger, to work harder and to ask really great questions. You have been an example of what I would have wanted to be as a council member in your commitment and you never -- you never approached anything half-heartedly or halfway and our city is very much better for it and you have been my -- my council member right or die. John, I'm just amazed that you have served our city -- that you have served our city for 27 years as a staff member and yet you came back to make equally as hard decisions and taking on an even more -- potentially more challenging position and run for office to do it all over again. That kind of -- it's just an incredible example of perseverance and that kind of commitment is hardly seen much anymore and you just have a true love for -- for our community. That is just incredible and special. So, thank you. Joe, hope you can hear me okay. More than anyone else on Council you have taught me to slow down, to be thoughtful and methodical and to choose my words wisely. I think I say at least two to three times more words than you do in a council meeting, but there is a reason that the room is quiet and everyone really listens when you speak. So, I have learned so much from you about being a good listener and really choosing -- choosing your words well. I appreciate you for that. Excuse me. So sorry. Brad, thank you so much for exampling kindness and patience. Many times when my passion would show through you will look over at me and with your eyes would say be patient and be kind and you always approach everything with a consistency and a moderation. That has never been natural to me and I have learned from you very much in that. You have taught me how to use storytelling as a gentle way to communicate -- to communicate a difficult idea or a difficult decision and to be very forward thinking about our community. Of all the council members that would have a reason to say, hey, we are growing so fast, let's slow down and return to the good old days, I know we all would love that in some way, but you have been so forward thinking about what our city needs, even when the decision to -- Meridian City Council Special Session January 3,2024 Page 11 of 16 to say yes to those things it's been difficult and I appreciate that, because you have led us in that way. Thank you for modeling what it is to be a true representative to our residents and teaching all of us to put them first. Sometimes it's -- it's so easy to get caught up in the details of a decision or the challenges of a decision that we often -- it's often easy for us as individuals to vote on what we think is best instead of being good listeners and hearing what our residents think is best and I think you model that so so well and that is one of the best things that I have learned from you. So -- excuse me. Last, but not least, Mayor Simison. While we often haven't agreed on the financial priorities of the city I really appreciate you and thank you for being an example of not giving up on your goals and your intentions. They have often required you to think outside the box to bring other organizations and individuals on board that weren't -- that didn't even have those goals as priorities for themselves or for their organizations and you don't rest until you have brought others along to also have a vested interest in what's best for the city and I appreciate that perseverance that you have. It takes a lot of persistence and countless -- countless meetings to cast vision to -- to folks to come on board with something big and I thank you for your commitment -- your time commitment to those things, because it would be very easy to just go with the flow and not be forward thinking about our city and you have done your very best to -- to just help everyone have a vision of what will benefit our residents in the future. Thank you for your present commitment to keeping our city debt free. That is something that not everyone has a heart for and a commitment for. It would be very easy to take the city into a place where we were not benefiting our residents that way and you have worked really hard to do that and we are all, as residents of the city, as council members, benefited from your commitment to that and I also want to say thank you for making the big decisions, for -- for trusting us as Council to help you and -- and all of us together make big financial commitments and investments that may seem risky, but have been very needed and it's tough -- it's been tough to lead through a pandemic and through multi-million dollar decisions, many, many of them in a very short amount of time and so I really appreciate that you didn't waiver from the commitment to -- to do those things and often at risk of not receiving positive feedback about those decisions. So, thank you very much. I have more thank yous for our directors, but I won't go that long winded, but I will share those with each of you personally. And one more thank you. I would like to make this to Chris. Chris, you have -- you are amazing. You have kept us running like a well-oiled machine. Every week you come in here with the most positive attitude. We never have to guess whether our workstations will be clean and set up and you care about the very smallest thing to the biggest things and, then, your department you are willing to serve in any way and you have a true heart and attitude that is, you know, just willing to be a servant and I appreciate how much you have done for us and I was -- we are so spoiled, because the second we ask you are there and you are -- and you are figuring things out. Excuse me. I have really appreciated about you -- that about you and I wanted to just say thank you -- to you, because you are just quiet about how you go about things and I just want to publicly say my appreciation for you. So, I'm so sorry -- so, if there -- there was one evening when I was unable to make the regular meeting and I overheard a council member say: Oh, great. Our regular meeting will be short because Jessica is not here. And at first I was kind of miffed and I thought, you Meridian City Council Special Session January 3,2024 Page 12 of 16 know, they are not exactly wrong. So, congratulations you all, you will have more time on your Tuesday evenings from here on out. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just for one second, because we can't let those be your parting words. I just have to say that I know we have all appreciated so much your passion and your input and I hope you don't ever feel guilty about asking those questions or digging into those details and that's part of what has made you a phenomenal council member. So, that's what I think we appreciate most about you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I have a few thank yous as well. First of all, when I decided to run again for City Council back in 2019, you know, I thought about it, because I knew what I was getting into. Unlike Council Woman Strader and Council Woman Perreault, you know, it's -- it's -- it was brand new to them, but I kind of knew. But one of the things that tilted the scale, knowing that there is time invested and there is -- you are going to -- family time and different things and you have to rearrange your work schedule and different things -- was the fact I'm going to work at a place where there are fantastic people who work here and that's our city employees. We have great leadership by our department heads. Their leadership teams are fantastic to work with. We have dedicated staff. They are hard working. Their customer service is fantastic. We live in a great city. It's because of our city employees. It really is. And the service that you provide to everyone out there, especially in this growing environment, because it's -- it's difficult. There is a lot of challenges here with growth and having served before when there was a recession and having to serve when there is rapid growth, I would rather have the challenge of growth, because recessions are very difficult on people, but there is a lot of challenges here and -- and for you to keep up and keep at it and trying to hire and COVID and -- that was -- that was a curveball we never saw coming there when we came in in 2019 being elected in 2019 and 2020 started and you have these plans and ideas and -- but you had a great plan, Mayor, and worked with the city and -- and with us and -- to keep things going, to keep our workers safe, but, yet, allow the full operation of this community moving forward in a way that wasn't a hindrance and although some people think so, but, really, we had a great operation going and everyone is to be -- be credited for that, because you made things happen. You know, one of the messages I take away about -- about change that I heard is -- maybe it's because I'm the oldest one on Council and I have seen lots of change. Having moved to Meridian in 1970 as a kid and -- and truly a small town and riding -- when the fire siren went off riding the bike -- because I live downtown off of Carlton and coming down with friends to watch all the volunteer firefighters pull into the station right over here and jump on and head out and we thought that's the coolest thing ever, you know, and never Meridian City Council Special Session January 3,2024 Page 13 of 16 in my wildest dreams did I ever think I would be sitting here doing this for my -- my community. So, it's been awesome to do that. But it is a privilege to work with the Mayor and these Council Members and Councilman Cavener I think hit it -- it's such a great group. I have said this before. They -- everyone has community and I -- that remains, every one of them up here, and I know two others Doug and Ann, who are going to be sworn in a little bit later, they have that same heart. They want to do our city well and -- and that's the good thing and sometimes we disagree about how to do that and that's okay, because what I found with this group -- and I think it's going to occur with -- with the other two coming on, we do it without being disagreeable. We respect each other's opinion. It's -- we try to understand that perspective and take that into consideration and I know all of us have had our minds changed because I know I have, listening to people speak to an issue and going, oh, I didn't see it that way, you know, and that's -- that's the good thing about it. We leave our minds open to understand -- seek to understand and, again, we still may go a different direction, but it's still a way to go, okay, I understand -- I'm doing it differently, but I understand. Seeking to understand is always -- that's great advice. If anybody -- you can make sure they understand that, that if you can understand people you have come a long ways in -- in helping and listening to one another. The fact that when I was serving just previously some -- a reporter asked me -- there was an issue going on in Boise and there was dissension and Nampa had an issue and there was dissension and they said, well, Councilman, why -- why is Meridian -- you guys just don't have that dissension -- and this was at a time when there were just four of us on the Council, but I just said, well, it's kind of like being the middle child, between Nampa and Boise, you know, we just do our thing and we go along and don't raise a ruckus. We are the middle child. But, really, that was just my pat answer to them to move it along, because I had no idea why. But, you know, it truly is because of the heart of people who want to serve and bring -- bring solutions to the table and work through it and when we have that discussion things -- things work better. So, I do want to tell folks, you know, I'm disappointed I'm not returning, but at the same time I know every one of these people up here want to do the right thing for this community. Doug and Ann want to do that. I have every confidence as a private citizen that they are going to do the right thing and they will find the right way to do it and there may be some disagreements, but I know they won't be disagreeable and I appreciate that and that's what I look forward to from these folks. You know, it -- everyone brings their strengths to the -- to the table. When -- when Jessica came on board -- serving on Planning and Zoning was -- was a big help. I know it's a realtor background -- to be able to have that understanding and the passion that she brings -- there is passion and we have talked about it a couple times about how to be passionate and the right times and whatnot. So, all good conversations, because we want to help each other grow and become better people and that's always our -- my goal and -- and -- and I know others -- it's the same thing and look -- you know, I -- the joy I have there is the fact that I got to know your better half first. No, it's -- it's an amazing family and your passion for people -- you are making sure that they are being heard, that they are listened to, that the process serves them and it's not our convenience. I appreciate that, because there are times -- I'm about efficiency and let's get it done and, then, I have to step back. No, Luke is right. It's not about that efficiency. It's about the people and their understanding and their participation in the process. So, that I appreciate. You bring that day in and Meridian City Council Special Session January 3,2024 Page 14 of 16 day out and that's something we need. That's a voice we need. So, that is -- that is a great thing. Council Woman Strader. First time we met I think we had talked to -- talked and we were going to run for office. Three seats were vacant and three of us ran in 2019 for different seats and -- and I'm thinking, man, she's never done anything like this before, but what I -- what I noticed right there -- and you have proved throughout -- you are a quick learner -- you are very bright by the way. I don't know if you knew that. But you are very bright. You grasp things and -- and you have a passion for serving this community and that's -- that's a great thing. That's -- that's what we want. It takes a lot of work and it takes time and sacrifice for your family and you have to make that work and you are willing to do that and that is greatly appreciated and I know how much time you invest in this and you -- you are very detailed, by the way. I'm sure someone's told you that before. But very detailed and -- and you need to have that and that's a good thing as well, because sometimes we can go on -- again efficiency, whatever, okay, yeah, I think I understand it from a high level, but you want to dig into the details and we need that as well. So, I appreciate that very much. And I wish you very well in this position, again, for another four years and you have grown a lot and you will continue to grow. So, that's good. And, John, I was privileged with -- to serve with the Mayor and Joe, to sit down during the interview process and -- talk about the right guy for the job. Your service to our community in the police leadership team, understanding of the community growing up here, seeing it differently than -- than others, because we all come in at a different time and from a different viewpoint, just your common sense approach and being in a structured system where there is processes and, you know, you just can't be random about doing things in police work. You know that there is going to be something going before a judge probably at some time, there is processes, there is the law, there is rights, there is different things. I appreciate you bringing that to -- to this Council and your understanding of the inner workings from that staff perspective that you bring that those of us that -- we work with staff, but we haven't served in the city as a staff member and having to deal with Council and, then, your perspective as an HOA president and coming forward here and -- it's just like, oh, yeah, he's well prepared. He's been an HOA present. Nothing will phase him up here, so -- and, of course, I think the best thing is your better half, too, with Nora. So, great campaign asset, so it's great -- great to have her. Joe -- Joe and I go way back. You know, I got appointed because of Joe and if you want to know a funny story -- I guess -- I guess we got time. I can reminisce a bit. I'm prone to do that I guess. But it so happened that Joe, with his business and family life and everything, had to step down and do some things. So, this vacancy occurred and someone had approached me -- I had worked with Mayor Tammy and knew her and had been involved in her campaign when she decided to run for mayor and the offices we had here in Meridian, we held our meetings there and -- and so someone came to me and said, Brad, you know Mayor Tammy, I want to apply for this vacancy and I thought, great, they don't -- she doesn't know me, but could you put in a good word for me? I said, sure, I would be happy to and -- and she -- she would like to go to different churches and different times to worship and meet people and whatnot and it so happened that next week or two weeks later she showed up at our church and she was there and I saw, I chatted with her, I says, Mayor, I got somebody who I think you ought to consider for -- for this -- this Council vacancy, you know, they are -- they are really good and everything. She's, oh, that's great, you know, Meridian City Council Special Session January 3,2024 Page 15 of 16 make sure -- enter the name and everything and -- and, then, she looked at me says why not you? I'm like, whoa, I never thought of that before. I said, well, I don't want to say that my daughter was still in high school. My daughter had just graduated that spring and was off to college. I didn't have the excuse of the family and they are very involved in school and -- and athletics and student government and -- and other service projects and it was just kind of like, huh, I don't know, let me think about it. I will talk to Chandos about that. So, imagine what a difficult conversation I had to have with somebody who said, yeah, put in a good word for you and I get appointed to the seat. So, that was kind of how that happened. So -- and, then -- then I ran a year plus later and enjoyed that very much with four of us and, no, I am not at that level of Charlie Rountree and Dave -- and Keith Bird and David Zaremba. That was -- for me I was the youngest on the Council at the time. It does make your head spin a bit when I came back on Council I'm the oldest one serving. That -- and I think that's why some of that perspective about change. Change is going to happen. I see it in my life every day. My son's birthday is tomorrow. That number goes -- when my wife reminded me how old he was -- oh, it can't be. I'm not that old. But it -- change happens and seeing it from that perspective in 1970 as a -- as a boy to what it is today and walking through these things and thinking, oh, if only we had done this back then, you know, you have that ability of hindsight. So, trying to think ahead and someone had asked me previously about the railroad part. When are we going to get a commuter rail and all this stuff. You know it's not going to happen yet. There is no financial infrastructure. We don't have the density and the mass yet, but my job today is to preserve that corridor, because someday that will be used. It's seeing those opportunities and those things and one thing I am proud about this Council and the previous councils throughout, is saving for future needs, purchasing parkland in advance of need and also trying to get ahead of -- for Police and Fire and facilities and those types of things and in Public Works. Keith Bird was the one who told me what you can't see is very expensive. He was very right about that when it came to Public Works. Oh, my. So, I guess that's where it comes from. It's just the fact that having seen that, working with people and just going, wow, if only -- if we had known, trying to -- try and impart that wisdom. Not that it's really that wise, just kind of things that I have -- that I have noticed over the years. So, to all of you thank you for the opportunity. It has been a pleasure. I did tell people -- my wife wasn't very upset when I lost. I don't know why? But I think there is something about some time that she gets back now from me and I'm kind of looking forward to that. My grandkids are getting a little bit older. So, they have that opportunity to be involved -- certainly involved in athletics and different things. So, I will have more time to be free to do that. But I'm always open, if you have a question or if you think I can help I'm happy to take your call. Of course. I always will be. So, I always want what's best for this community. Love it. This is where I live. This is where I remain. It's where my grandkids are and this is where my parents are. So, that's really -- that's for the city. Thanks. Simison: Thank you. With that do I have a motion and a second? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Special Session January 3,2024 Page 16 of 16 Perreault: I move we adjourn. Hoaglun: I will second the motion, Mr. Mayor. Simison: Have a motion and a second to adjourn. All in favor signify by saying aye. Opposed nay? The aye have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 16 2024 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 19, 2023 City Council Work Session Meridian City Council Work Session December 19,2023 Page 22 of 22 Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 1-2-2024 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Newkirk Subdivision No. 1 (ESMT-2023-0181) Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Trent Tripple 2024-000213 BOISE IDAHO Pgs=l 1 BONNIE OBERBILLIG 01/03/2024 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE Prolect Name(Subdivision): Newkirk Subdivision No.1 Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2023-0181 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 2ncbay of January 20 24 between Lansing Farms LLC ("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) T10s record was acknowledged before me on (date) by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on J.// behalf of&ii"1,44rj ;age� _ (name of entity on behalf of whom record was executed), in the fo owing representative capacity: 4AiNA14_A (type of ,,��i�„u,�,,�I• authority such as officer or trustee) � E LAJ�r•'•• �O-fAR y% +t (stamp) • f • Z : �•� s :0-AU13L1. Notary Signature •. •• = '• 'd I: '�No.20;.' Orr My Commission Expires: 4,7 Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-2-2024 Attest by Chris Johnson,City Clerk 1-2-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 1-2-2024 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 ( 5awtooth Land 5urveying, LLC EXHIBITA 1 �r = ° h': {106 3)(. u 1 0'! f: (208) 395-5105 2030 S. Ave., (:_mine€:t., 1D 8361 7 Sanitary Sewer and Wafer Easement Description i BASIS OF BEARING is S. 89015'34" E., between a found aluminum cap PLS 14221 marking the SW corner of Section 10 and a found aluminum cap PLS 14221 marking the S1/4 corner of Section 10, both in Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the E1/2 of the SW1./4 of Section 10, T, :3 N., R. 1 W., B.M., City of Meridian, I Ada County, Idaho more particularly described as follows: j COMMENCING at an aluminum cap marking the southwest corner of said Section 10; l Thence S. 89015'34" E., coincident with the south line of said SW1/4, a distance of 1320.31 feet to the W1/16 corner of said Section 10, marked by an aluminum cap PLS 14221; Thence leaving said south line, N. 27°57'18" E., 1326.19 feet to the POINT OF BEGINNING; Thence N. 0035'04" E., 31.00 feet; Thence S. 89024'56" E., 20.00 feet; 1 ( Thence S. 0035'04" W., 31.00 feet; Thence N. 0035'04" W,, 20.00 feet to the POINT OF BEGINNING. Said easement contains 0.014 acres more or less, rya r ))j4 ��`f• Q11I�� 0:Wsers\Jeff.SLS\Downloadst121361 Newkirk No 1 Sewer Water Ease 121223.docx °� ! `° EXHIBIT B N �N (� m p W Try it NJ I326 µ i3 to Jrn wv � NJ ^o v° p t00 —� . w o NJ :_ � 0u't p I C7 •� 02 ul Hul m _ rn I PROP $ : o w 1 a C q co �O � � 90 � NJ I .- PROJECT: OWNER(DEVEtOPER: ii , DWG # 2030 S. WA5HINGTON AVE. 121381 -EX SANITARY SEWER I ( EMMETT, ID 83617 WATER CONGER GROUPAr&�z P: (208) 398-8104 PROJECT# EASEMENT EXHIBIT -T y- F: SHEET 398-8105 121391 ADA COUNTY, IDAHO � f oo/ - 1 T DATE: 1212023 1-or>s Jun cyiiq I-LG WWW.SAWTOOTHLS.COM 10F 1 Aak 5awtooth Land 5urveyincg, LLC JEXHIBIT A P: (208) 398-81 04 F: (205) 398-51 05 2030 5. WaShincjton Ave., Emmett, ID 836 17 Sanitary Sewer Easement Description BASIS OF BEARING is S. 89015'34" E., between a found aluminum cap PLS 14221 marking the SW corner of Section 10 and a found aluminum cap PLS 14221 marking the S1/4 corner of Section 10, both in Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the E1/2 of the SW1/4 of Section 10, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at an aluminum cap marking the southwest corner of said Section 10; Thence S. 89015'34" E., coincident with the south line of said SW1/4, a distance of 1320.31 feet to the W1/16 corner of said Section 10, marked by an aluminum cap PLS 14221; Thence leaving said south line, N. 0036'35" E., coincident with the west line of said E1/2 of the SE1/4, a distance of 1472.22 feet to the POINT OF BEGINNING; Thence continuing, N. 0036'35" E., coincident with said west line, 25.00 feet; Thence leaving said west line, S. 89024'56" E., 119.00 feet; Thence S. 33038'00" E., 13.71 feet to the beginning of a curve to the left; Thence 20.11 feet along the arc of said curve, with a radius of 65.50 feet, having a central angle of 17035'19", subtended by a chord bearing S. 47034'21" W., 20.03 feet; Thence N. 89024'56" W., 112.08 feet to the POINT OF BEGINNING. Said easement contains 0.069 acres more or less. �'CL- a 11574 �zli.�J23 ` W OF gyp ? ✓OFF BEA��"`; P:\2021\1 EMT\121381-NEWKIRK PLAT-SUB\Survey\Drawings\Descriptions\121381 Newkirk No 1 Sewer Ease Lot 10.docx Page � 1 rn �o n rn� o ti � y o w rri A z cn n o r- w ;10 � � rn G) CD rn N 0003635"E 1497.22' ul n p 1472.22" �n Z co N O1 0o i N ^° N O � kD Un �I r► C A Iv-A i A o �; `" nrn ~ rn < < o v w tw w p A rn i � G) V rn 00 rn n � � a _ Ln rn � z o p o o rn pRoF im _ go Ln ti � ~ rn a PROJECT: OWNER/DEVELOPER: - DWG# SANITARY SEWER 2030 S. WASHINGTON AVE. EMMETT, ID 83617 121381-EX - EASEMENT EXHIBIT CONGER GROUP P: (208)398-8104 PROJECT# ADA COUNTY,IDAHO &,e F: (208)398-8105 121381 J •' �v��j I SHEEF DATE. 1212023 WWW.SAWTOOTHLS.COM 1 OF 1 AA" �k Sawtooth Land Surveying, LLC JEXHIBIT A '5/1wr00 P: (208) 398-8 1 04 F: (208) 398-8 1 05 2030 S. Washington Ave., Emmett, ID 83G 1 7 Water Easement Description BASIS OF BEARING is S. 89015'34" E., between a found aluminum cap PLS 14221 marking the SW corner of Section 10 and a found aluminum cap PLS 14221 marking the S1/4 corner of Section 10, both in Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the E1/2 of the SW1/4 of Section 10, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at an aluminum cap marking the southwest corner of said Section 10; Thence S. 89015'34" E., coincident with the south line of said SW1/4, a distance of 1320.31 feet to the W1/16 corner of said Section 10, marked by an aluminum cap PLS 14221; Thence leaving said south line, N. 22024'48" E., 1591.32 feet to the POINT OF BEGINNING; Thence N. 0035'04" E., 20.00 feet; Thence S. 89024'56" E., 20.19 feet; Thence S. 0035'04" W., 20.00 feet; Thence N. 89024'56" W., 20.19 feet to the POINT OF BEGINNING. Said easement contains 0.009 acres more or less. C 11 74 2 iz47M sT rr OF 10, C:\Users\Jeff.SLS\Downloads\121381 Newkirk No 1 Water Ease 121223.docx Page 11 I z O N ti y Lo z rn Ln �. w Any O �+ �I� 3 0 � o N \� M p Ln .p �2 AF�NF 591.�1, cn 0 00 ti �o _ ko O N nl ' o w ZE Cn O O C+a C do � ko ZE I a r rn rn x, PROF NQ �� ' �Ul z dew_Q co� \ do cn o 1 NA ~ rn I a PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# WATER EMMETT, ID 83617 121381-EX EASEMENT EXHIBIT CONGER GROUP P: (208)398-8104 PROJECT# ADA COUNTY,IDAHO �/T/OOT� F: (208)398-8105 121381 SHEET DATE: 1212023 LansSurveying LLG WWW.SAWTOOTHLS.COM 1 OF 1 5awtooth Land Surveying, LLC EXHIBIT A r��jC7 r P: (208) 398-8 104 F: (20(5) 398-81 05 2030 5. Wa5hington Ave., Emmett, ID 8361 7 Water Easement Description BASIS OF BEARING is S. 89115'34" E., between a found aluminum cap PLS 14221 marking the SW corner of Section 10 and a found aluminum cap PLS 14221 marking the S1/4 corner of Section 10, both in Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. A parcel of land located in the E1/2 of the SW1/4 of Section 10, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at an aluminum cap marking said S1/4 corner; Thence N. 41143'46" W., 674.74 feet to the POINT OF BEGINNING; Thence N. 39115'40" W., 25.87 feet; Thence S. 89153'55" E., 47.37 feet; Thence N. 61111'31" E., 16.93 feet; Thence N. 31139'14" E., 48.13 feet; Thence S. 58020'46" E., 20,00 feet; Thence S. 31039'14" W., 53.40 feet; Thence S. 61111'31" W., 27.35 feet; Thence N. 89053'55" W., 36.12 feet to the POINT OF BEGINNING. Said easement contains 0.05 acres more or less. 11 r1 74 OF R\2021\1 EMT\121381-NEWKIRK PLAT-SUB\Survey\Drawings\Descriptions\121381 Newkirk No 1 Water Ease No. 2.docx Page � 1 y o, %o Zorn � rn � n cn o~ rno � 0 00 '%40% Ul -4w � �-• m 3 w ZcncncnZZcnZ rt o 00 ON iii u7 L. 0, 00 w 00 wulj;'a G i rn t o n - �No rnrnmrn m o 01 V w NJ c+u o 00 rn V cn y n � Ntwiloowwvyn m 0 0 a� PROF 5t 00 ro / f . ■ 4~i C � A Q w PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# WATER EASEMENT EMMETT, ID 83617 121381-EX NO. 2 EXHIBIT CONGER GROUP P: (208)398-8104 PROJECT# ADA COUNTY,IDAHO F. (208)398-8105 121381 SHEET DATE: 1112023 WWW.SAWTOOTHLS.COM 1 OF 1 E IDIAN --- AGENDA ITEM ITEM TOPIC: TM Center East Subdivision No. 1 (ESMT-2023-0179) Sanitary Sewer and Water Main Easement No.1 ADA COUNTY RECORDER Trent Tripple 2024-000214 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 01/03/2024 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE Ego sect Na dub a ' 'iol: Center E ast S.bdin ion No aita er&Water E e nt bar• Identify this I;ement by sequential number if Project contains more than one casement of this (See Instructions for additional information). ESMT-2023-0179 SANITARYSEWER AND WATER THIS Easement Agreement,made this 2nd y of January 20 24 between Schesls A11 S Inc. (" tor") e City of ei , I o Municipal Corporation(" tee"); e cirantor desires to provide a sanitary sewer and watermain right-of- way across the premises and property hereinafter particularly bounded described; d e sanitary sewer and water is to be provided for through underground iel° es to be constructed by others;and VVHEREAS, it will be necessary to maintain and service said pipelines from time to time by the tee; 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 maintenance of sanitary sewer and war mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement t 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 EXpRESSLYEST , 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. oever, Grantee shall not be responsible for repairing, replacing or restoring i placed within a area described is easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no fiuther 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: SCHEELS ALL SPORTS,INC. a North Dakota corporation By- Its: ( STATE OF N ) )SS. County of Cps 5 ) This record was acknowledged before me on I'3� Z 3_ (date) by 51 eYe 5ck eo I _(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 _5c b r e I a fl Spu/fi- (name of entity on behalf of whom record was executed), in the following representative capacity: C Co (type of authority such as officer or trustee) (stamp) �,4/ i JOSHUA NIENAS otary Signature Notary Public /til 16 2° State of North Dakota My Commission Expires: d y My Commission Expires May 16,2027 Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-2-2024 Attest by Chris Johnson,City Clerk 1-2-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 1-2-2024 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 E N G I N E E R I N G November 15,2023 Project No.:22-006 TM Center EastSubdivision No.1 City of Meridian Water&Sewer Easement Legal Description Exhibit"A„ A parcel of land for a City of Meridian Water and Sewer easement being situated in a portion of the South 1/2 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West,B.M.,City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the West 1/4 corner of said Section 14,which bears N89°11'30"W a distance of 2,656.47 feet from an aluminum cap marking the Center 1/4 corner of said Section 14,thence following the southerly line of the Northwest 1/4 of said Section 14,S89'11'30"E a distance of 1,989.93 feet to the POINT OF BEGINNING. Thence leaving said southerly line,N00°50'43"E a distance of 46.00 feet; Thence N89.09'17"W a distance of 105.76 feet; Thence N00.50'43"E a distance of 12.00 feet; Thence N89.09'17"W a distance of 231.99 feet; Thence N00.50'43"E a distance of 697.78 feet; Thence S89.11'30"E a distance of 20.00 feet; Thence S00°50'43"W a distance of 146.43 feet; Thence S89°09'17"E a distance of 43.01 feet; Thence S66°39'17"E a distance of 23.21 feet; Thence S89.09'17"E a distance of 24.97 feet; Thence S00'50'43"W a distance of 20.00 feet; Thence N89°09'17"W a distance of 16.93 feet; Thence S00.45'26"W a distance of 30.88 feet; Thence N89'09'17"W a distance of 30.33 feet; Thence S68.20'43"W a distance of 34.05 feet; Thence N89.09'17"W a distance of 10.75 feet; Thence 500.50'43"W a distance of 389.06 feet; Thence S89.09'17"E a distance of 75.00 feet; Thence S00.50'43"W a distance of 20.00 feet; Thence N89.09'17"W a distance of 75.00 feet; Thence S00°50'43"W a distance of 49.50 feet; Thence S89'09'17"E a distance of 404.50 feet; Thence N00.50'43"E a distance of 69.22 feet; Thence S89.09'17"E a distance of 20.00 feet; Thence S00.50'43"W a distance of 69.22 feet; Thence S89.09'17"E a distance of 85.50 feet; Thence N00°50'43"E a distance of 395.09 feet; Thence N21°39'17"W a distance of 36.58 feet; Thence N00.50'43"E a distance of 90.11 feet; Thence N89°09'17"W a distance of 31.00 feet; 5725 North Discovery Way•Boise,Idaho 83713.208.639.6939• kmengllp.com Thence N00°50'43"E a distance of 20.00 feet; Thence S89°09'17"E a distance of 31.00 feet; Thence N00°50'43"E a distance of 86.11 feet; Thence S89*11'30"E a distance of 20.00 feet; Thence S00°50'43"W a distance of 192.25 feet; Thence S21°39'17"E a distance of 36.58 feet; Thence S00°50'43"W a distance of 419.07 feet; Thence N89°09'17"W a distance of 192.25 feet; Thence S00°50'43"W a distance of 57.99 feet to the southerly line of the Northwest 1/4 of said Section 14; Thence following said southerly line,N89°11'30"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel description contains a total of 1.10 acres(47,900 square feet),more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. a �12459 ,,, OF L. S�' f/• �•y0�3 TM Center East Subdivision No.1 City of Meridian Water and Sewer Easement—Scheel's All Sports Inc. PAGE12 IN 0 150 300 450 Unplatted Plan Scale: 1" =150' L5 S89-11-30"E L 146.65' S�0 42 09', L30 S89'1 1'30"E 7s>>3, S89'11'30"E 45.19' �J LB 188.81' �I J a it I ,L7 L9 L28� li I L11 L263In L13�—L 12 � I J � i I � L14 rn I I L15 �� 1 `°I I Proposed TM Center East III o II w1 J Subdivision No. 1 I I M 13 Scheels All Sports Inc. oI J o o zJ I S1214233677 MI I°' ,� CL I Io MI I o I I(n L21 ZI 1, b_L1s— L17 I 1 1 �L18_S89'09'17"E 404.50' �I I�123 I I vi E4 L37-�—— L33 14 1989.93, L2 L17 1-nj 223.89' 422.65' N89-11'30"W 2656.47' 15 BASIS OF BEARING POINT OF COMMENCEMENT POINT OF, L35 FOUND ALUMINUM CAP BEGINNING FOUND ALUMINUM CAP CENTER 1/4 CORNER-SE WEST 1/4 CORNER SECTION 141CM CTiON 14 3 a c a W 1p�p O N g ENGINE ERI N G m 5725 NORTH DISCOVERY WAY = BO LSE,IDAHO 83723 PHONE(208)639-6939 Exhibit B - City of Meridian Water & Sewer Easement kmengllp.com TM Center East Subdivision No. 1 DATE: November2023 S PROJECT: 22.006 s SHEET: A portion of the S 1/2 of the NW 1/4 of Section 14, 1 OF 2 T3N., R1W., B.M., City of Meridian, Ada County, Idaho a LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N00'50'43"E 46.00 1-79 SOD'50'43"W 49.50 L2 N89'09'17"W 105.76 L20 N00'50'43"E 69.22 L3 N00'50'43"E 12.00 L21 S89'09'17"E 20.00 L4 N89'09'17"W 231.99 L22 S00'50'43"W 69.22 L5 S89'11'30"E 20.00 L23 S89'09'17"E 85.50 L6 S00'50'43"W 146.43 L24 N21'39'17"W 36.58 L7 S89'09'17"E 43.01 L25 N00'50'43"E 90.11 L8 S6639'17"E 23.21 L26 N89'09'17"W 31.00 € L9 S89'09'17"E 24.97 L27 N00'50'43"E 20.00 m L10 S00'50'43"W 20.00 L28 S89'09'17"E 31.00 Ir s L71 N89'09'17"W 16.93 L29 N0(750'43"E 86.11 L12 S00'45'26"W 30.88 L30 S89'11'30"E 20.00 L13 N89'09'17"W 30.33 L31 S00'50'43"W 192.25 c L14 S68'20'43W 34.05 L32 S21'39'17"E 36.58 5 L15 N89'09'17"W 10.75 L33 N89'09'17"W 192.25 a m 0 L7 6 S89'09'17"E 75.00 L34 SDO'50'43"W 57.99 L17 S00'50'43"W 20.00 L35 N89'11'30"W 20.00 W L78 N89'09'17"W 75.00 W u z W W C. 3 W N C yW _z 0 S cW G N N E N G I N E E R I N G ® 5725 NORTH DISCOVERY WAY x 90ISE,IDAH083713 PHONE (208Op.com6939 Exhibit B- City of Meridian Water &Sewer Easement kmengTM Center East Subdivision No. 1 DAT E: No%embe !o23 I PROJECT: 22-ON 1 SHEET: A portion of the S 1/2 of the NW 1/4 of Section 14, d 20F2 T3N., R1W., B.M., City of Meridian,Ada County, Idaho S 3 v v of o o ° v o 34 14 8 9 IU_ TN IF O 9 d 5 14^ b M p of C s eD P� b c 3 v o h a 0 00 O y r � O < � � O N 75.00 ? 75.00 N N 6 N Cam, N 404.50 85.50 n89109117"w s89°09'17"e n89°09' 917e 231.99 n89°09'17"w 192.25 105.76 Q�g Title: Date: 11-15-2023 Scale: 1 inch= 100 feet I File: Data.and Deed Call Listing of File: Tract 1: 1.100 Acres: 47900 Sq Feet:Closure=s14.4645w 0.01 Feet: Precision=1/405591: Perimeter=4379 Feet 001=n00.5043e 46.00 002=n89.0917w 105.76 003=n00.5043e 12.00 004--n89.0917w 231.99 005=n00.5043e 697.78 006=s89.1130e 20.00 007=s00.5043w 146.43 008=s89.0917e 43.01 009=s66.3917e 23.21 010=s89.0917e 24.97 011=s00.5043w 20.00 012=n89.0917w 16.93 013=s00.4526w 30.88 014=n89.0917w 30.33 015=s68.2043w 34.05 016=n89.0917w 10.75 017=s00.5043w 389.06 0 1 8=s89.0917e 75.00 019=s00.5043w 20.00 020=n89.0917w 75.00 021=s00.5043w 49.50 022=s89.0917e 404.50 023=n00.5043e 69.22 024=s89.0917e 20.00 025=s00.5043w 69.22 026=s89.0917e 85.50 027=n00.5043e 395.09 028=n21.3917w 36.58 029=n00.5043e 90.11 030=n89.0917w 31.00 031=n00.5043e 20.00 032=s89.0917e 31.00 033=n00.5043e 86.11 034=s89.1130e 20.00 035=s00.5043w 192.25 036=s21.3917e 36.58 037=s00.5043w 419.07 038=n89.0917w 192.25 039=s00.5043w 57.99 040=n89.1130w 20.00 E IDIAN --- AGENDA ITEM ITEM TOPIC: Final Plat for Centerville Subdivision No. 2 (FP-2023-0022) by Kent Brown Planning Services, located near the southeast corner of E. Amity Rd. and S. Hillsdale Ave. STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT A H 4 HEARING 1/2/2023 DATE: Project Location TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner rr i 208-884-5533 h SUBJECT: Centerville No. 2 FP-2023-0022 LOCATION: Southeast corner of S.Hillsdale and E. Amity, the h 4 f h E 4 f _eNW / o the / o Section 33,Township 3N.,Range IE. L PROJECT DESCRIPTION Final plat consisting of 47 single-family residential building lots and 8 common lots on 12.30 acres of land in the R-8 and R-15 zoning districts for Centerville Subdivision No. 2. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 W. Springwood Drive,Meridian, ID 83642 B. Owner: Corey Barton,Endurance Holdings,LLC— 1977 E. Overland Road,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2021-0046)and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots(47)and common open space (8 common lots)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 A. Staff: 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 6/25/21) I �u OT F I �f o✓o............��.�..... -'-- II '� f C�� r .I.v N.t.01fo .•� —__1� d>m®....mom. U O 1 PRE-1 '�_W 3 �.T..� ��'�S�w _�f�___ 'rw_ �—yam-. .�_.�„A,,.�.a�._ y .v '• l�999�! 7J 1 r r 9 e — V PRE-2 Page 3 �.� i , �� - � �•— ��I� . � � fpsp E� W y :.c B1FEEr BEGIpH 4l gOMI-0F.w�Y MOT" E .s AT eoswnx Sr1EEr SEGipN�ErcILULE!1i s4ID,LLF•'2ia.E - Mmu/LIEt L INYLI@ Lea PRE-3 st;r 9H:tpN.QaMaFrar 61iEEi�'luq:Err�rtv�d Lazo Page 4 B. Final Plat(date: 10/18/2023) PLAT SHOWMG t:IsN7Ys1 Vll.l,ls SU1101V1S'!ON NO. 2 PORTKWS OF LOTS 1 AND 2 OF BLOCK 1 OF GAROUT7E ACRES SUBDIVISION AND A PDRI ON OF E' 1, TE NM%6 TIE NE K OF SECTIN 33.TOM SHIP 3 NORTL RANGE 1 EAST,SOW IERId ,ADA eu. mA. COu1T'/.IDAHO —_......—.----------- ----- —.—. t�]]DEX--.--.—.—.—.—.--.—.—.A.—°aPmna e� —5ffiL __ awn 2023 9E'I.'.a'r°QYH" ��T�YIOY1 i SNrwwr'a Nurati.r RGa r•— _ mY.0 0 0 0 0 S 9 Il W�atcwL 9RRrtfd No...uxmiE wE9 fRP,1�L —_—_ tm(1°I feet Nm Rnw Ii'q.Ixn Ea.an.n,n Mwr M tm GM.nf. 'EMt x,.P.mNa,IW.nnt¢Cma m aws[v N.6A.eRn t E YOOd.JAA ST. 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I � �w.aa"° QP I:•e.�fa°...a�°.ar..a�Paw"e�.na�i.a P.�.a m°P...w.w>r I • M'�.Yk ® '�° i„ ;�q.F.�..`r"P:°r:'�d.a��..e°"W;m�Y�aiu-...as w "A .�.y. aq„„„ %� PA.Y 9T I�.-- ° P...'I.a Dk.M aaWsbd W a..n.mmtP�hebinN..'Very [o,uw[faxv xu Q ]. LW I I5 6 PC NY Am a Hmyt bPx./q.a.P.tmmt IP MnvM LW,a, N6T Y r -�� !Qi Y 9brk atl Nt✓.Let Y1.&a1°.b Me+n w N.t My__—____ N I.Q 13 �' HaI b YFcL m m AaP Can[Y NIP�wY Dbt'kt T.mpmr.Uemx IN © ° Ay...m!naudta p N.4nnr.1 xe. ___-- erM N Ab I�R°OINiT°M 9L9py9i0rr b0 9 IT, Canty ll.rf6m YAYxr[m.nmt-sn bq Xn Is ® L--- ------ I a }} ERnrw-r ar.a' n e NAnF•D Yl. i �� Q r.iaKo1 sa I g - get © © ® ___ SHEr 1 Or A I I I .edl,ta..lralN.trawl T�—-- J� �/r/ailey Engneering,Inc. to.aa N aw SCALE M YEEi CMLEEBwE !PLAIEBEBICADD Page 5 1 II!■■ ■■!mil � "� _l� Il.�n■ ■aa ! 1 ■� 1 IIIl�M■ ■■rill I� ��' mw i �-l• t-1-f.- _�JI r� iMi■ �li r■1� Ir 0 rll ■■ mans MUM rum�MEN LJI _r■ ■■mommm di■II III 0 mm �r■a mom, 1000010� d II\i:■ .■!.I w .... WHEN ... �. .... .... ... I ��► � m 9i I..�000OO000a 11 L---------------JAII IF--- PLANT 2-1�4MVULM NOTE! --- —711 -------------- - - --- -------- - --------------- -------------- BLOCK 5 --------------- ---------------- --------------- --------------- &ocK I C4 0 z --------------- A= > ;e BLOCK 511 w o —j > i L-----j : : i I ---------- ------ --- Ll z w ----------- I------ ----------- &OLX 7 4' — — --------- L2 PLANT SCHEDULE 'EM-67 9—=URS— (D�E NOTES C4 0 z z IJL 0 M=4 co > 2! =Z. CD L.4 mv Lu m w LANDSCAPE CALCULATIONS z Lu Z— LANDICAM DUAL, U Page 7 D. Open Space Exhibit W�MOT E (:1:N7'F.'1t V1J.l.F: S'1F13Dl Vl.S'f(JN NO. wnasa uw,.o:aam,a of ww•°w+n•wniw,no.•crow a arl I •l � q ® I F ry F Z®! •! I m' s I IL I w i ®! �i W � 0 °L . W > W ! U a > N � } oi Z rc 0 W w W rc 0 o F Page 8 E. Conceptual Elevations FC-87H �aM.s CENTERVILLE SINGLE FAMILY ON 50'WIDE LOTS PER I,W'd h. MR WA Nam CENTERVILLE SINGLE FAMILY ON 36'WIDE LOTS on Page 9 VI. 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-2022-0046 (DA Inst. 92022-084254),FP-2023-0009]. 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 August 9,2024); 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 Clinton W. Hansen Bailey Engineering,Inc., shall be revised as follows: a. Note 95: Include the recorded instrument number of the ACHD permanent easement for the sidewalk. b. Revise Note 47 to read: "Lot 15, Block 6 is for a private street for the benefit of Lot 16, Block 6." c. Note 48: Include the recorded instrument number of the ACHD temporary license agreement. d. Note 49: Include the recorded instrument number of the City of Meridian Utility easement. e. Add 410: Include the recorded instrument number of the existing City of Meridian Development Agreement. 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 10/18/23 prepared by Jensen Belts Associates, PLLC, shall be revised as follows: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyoritagmeridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. 6. The private street located on Lot 15,Block 6 was approved with the preliminary plat, and a tentative approval was granted for the private street application(A-2021-0222). The Applicant shall provide the following documentation in accordance with UDC 11- 3F-3 prior to City Engineer's signature on the final plat for the private drive. Upon tentative approval of the application by the director subject to any applicable conditions of approval and the regulations of chapter 5, "administration", of this title, the applicant or owner shall have one (1)year to complete the following tasks. 1. Obtain approval from the Ada County Street Name Committee for a private street name(s); 2. Contact the transportation authority(ACHD) to install an approved street name sign that complies with the regulations of the Ada County uniform street name ordinance; 3. Create a perpetual ingress/egress easement or a single platted lot for the private Page 10 street to all properties served by such private street; and 4. The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 5. Upon completion of the items noted above,the director shall issue a letter stating that the private street has been approved.No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 7. The elevations/facades of 2-story structures that face E. Amity Road,an entryway corridor, and S. Hillsdale Avenue Street,a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses,step-backs, pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. No building permits shall be submitted until the final plat for the associated phase is recorded. 9. The Applicant shall pipe and reroute the Cunningham Lateral segment present on this property and comply with the standards in UDC 11-3A-6. 10. The Applicant shall comply with all ACHD conditions of approval. 11. The Applicant shall obtain Administrative Design Review approval for the townhomes with submittal of the final plat or prior to issuance of a building permit. 12. The Applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes.Contact the Meridian Postmaster, at 887-1620 for more information. 13. Staffs 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 https.Ilweblinkmeridiancity.orzlWebLink/Doc View.aspx?id=314839&dbid=0&repo Meridian City C. Idaho Transportation Department https.Ilweblinkmeridiancituorz/WebLink/DocView.aspx?id=315090&dbid=0&repo=Meridian City Page 11 E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement (Alexanders Landing Subdivision H-2022-0084) Between City of Meridian and Quarter Horse Lane, LLC for Property Located at 4574 W. Quarterhorse Lane ADA COUNTY RECORDER Trent Tripple 2024-000209 BOISE IDAHO Pgs=38 BONNIE OBERBILLIG 01/03/2024 08:12 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT 1. City of Meridian PARTIES: 2. Quarter Horse Lane, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2nd day of January 2024 ,by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Quarter Horse Lane, LLC, whose address is PO Box 4067, Boise, ID, 83711, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer submitted an application for annexation and zoning of 7.03 acres of land with a request for the R-8 (Medium-Density Residential) zoning district on the property as shown in Exhibit"A"under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 2nd day of May,2023,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B;" and DEVELOPMENT AGREEMENT—ALEXANDERs LANDING SUBDIVISION(H-2022-0084) PAGE 1 OF 7 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Quarter Horse Lane, LLC, whose address is PO Box 4067, Boise, Idaho, 83711, hereinafter called OA NER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 2 OF 7 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, common open space/site amenity exhibit and conceptual building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained herein. b. The existing home on Lot 1, Block 2 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. c. Prior to the City Engineer's signature on the final plat, the non-conformity of the home shall be remedied to meet the off-street parking regulations. d. Prior to City Engineer's signature on the final plat, public street access shall be extended from the Horse Meadows Subdivision. e. The Applicant shall provide written documentation that they have relinquished their rights to Quarter Horse Lane prior to the City Engineer's signature on the final plat. £ The Applicant shall submit a Performance Surety based upon 110%of an itemized contractor's bid for the incomplete improvements for the temporary turnaround area on Common Lot 10 prior to recordation of the final plat. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 3 OF 7 that cannot with diligence be cured within such one hundred eighty(180)day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. hi the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 4 OF 7 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Quarter Horse Lane, LLC PO Box 4067 Boise, ID 83711 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 5 OF 7 expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval,or taking any other action under this Agreement. 20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property,which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-ALExANDERS LANDING SUBDIVISION(H-2022-0084) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WI IEIZECIF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: (quarter Horse Lane, LLC By: —1206E;gr t f-4 Its: STATE OF IDAHO ss: COUnty of Ada On this IV" day of 2023, before me,the undersigned,a Notary Public in and for said State, personally appeal ed--VzkQ-1A-T:R% known or identified to me to be the of Quarter Horse Lane,LLC and the person who signed above-and acknowledged to me that he execu tithe same. IN WITgW@!11TW, OF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first� ?ov4.wltIR •••., �AR y - �; : ota Public - a0a,. Commission Expires: 0- — J,';.;4 , '.• per.` •,•••,q 0000 OF ��••��• CITY OF MEIYY&OAN' ATTEST: By: Mayor Robert E. Simison 1-2-2024 Chris Johnson. City Clerk 1-2-2024 STATE OF IDAHO ) ss County of Ada On this2nd day ofJanuary, 2024, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ce11 ificate first above written. Notary Public for Charlene Way Idaho My Commission Expires: 3-28-2028 PAO:7 or 7 DEVELOPNIFNr AGizi:i:M iNr-Ai.EXANDERS LANDING SUBDIVISION(11-2022-0084) EXHIBIT A Revised Annexation Description for R-8 Zone March 14, 2023 A parcel located in the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Sections 9 and 10, T.3N., R.1 W., B.M., from which the Section corner common to Sections 9, 10, 15, and 16, T.3N., R.1 W., B.M., bears South 0°38'55"West, 2653.02 feet thence on the west boundary line of said Section 10, South 00°38'55"West, 422.02 feet; thence leaving said west boundary line, South 89021'54" East, 250.10 feet to the REAL POINT OF BEGINNING; thence continuing South 89021'54" East, 534.21 feet; thence on a line parallel with the west boundary line of said Section 10, South 00038'55"West, 522.03 feet to the centerline of the Union Pacific Railroad; thence on said centerline, North 88026'12" West, 784.41 feet to the west boundary line of said Section 10; thence on said west boundary line, North 00038'55" East, 130.01 feet; thence leaving said west boundary line, South 88026'12" East, 264.79 feet; thence North 01 032'22"West, 383.87 feet to the REAL POINT OF BEGINNING. Containing 7.03 acres, more or less. End of Description. 7729 3loyl',;- OF VD G.c • 1/4 W. Pine Ave. S.9 S.10 �T 1 V Scale: 1"=120' I 0 30 60 120 240 . I <V Line Table O C N4 Line Bearing Length , O < L1 N00'38'55"E 130.01' 729 � 'P�c• OF i Unplatted Real Point of Beginning S89'21'54"E S89'21'54"E 534.21' 250.10' N O lo � I N N v m c� U 00 Lov n "Co a] I M y r O m c0 I p `v f7.03 Acres O M I CN 1, I o I Z L I 00 I M p I � S88'26'12"E 264.79' J oa N88'26'12"W 784.41' ni Union Pacific Railroad n S.9 -I S.10 S.16 S.15 W. Franklin Rd. P:\Alexanders Landing 21-553\dwg\re4sed Annex Ex.dwg 3/14/2023 12:16:09 PM Job No. IDAHO Annexation Exhibit 21-553 B9955 OIS EMERALD ST. SURVEY soisE,iOAHo e3704 R-8 Zone Sheet No. (208)846-8570 1 GROUP, LLC Located in the NW1/4 of the SW1/4 of Section 10, Dwg. Date T.3N., RAW., B.M., Ada County, Idaho. 3/14/2023 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN� AND DECISION&ORDER In the Matter of the Request for Annexation of 5.23 acres of land from RUT in Ada County to the R-8 zoning district and Preliminary Plat consisting of 24 building lots and 4 common lots for Alexanders Landing Subdivision, by Kent Brown Planning Services. Case No(s).H-2022-0084 For the City Council Hearing Date of: April 18,2023 (Findings on May 2, 2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 18,2023, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 18, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 18,2023, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 18, 2023, 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(ALEXANDERS LANDING SUBDIVISION-FILE H-2022-0084) - 1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 18,2023, 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 § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation, Zoning, and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 18, 2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC I I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ALEXANDERS LANDING SUBDIVISION-FILE H-2022-0084) -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of April 18, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ALEXANDERS LANDING SUBDIVISION-FILE H-2022-0084) -3- By action of the City Council at its regular meeting held on the 2nd day of May 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED_AL)�E_ COUNCIL VICE PRESIDENT JOE BORTON VOTED-YE- COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIIVIISON VOTED (TIE BREAKER) Mayor Robert ison 5-2-2023 Attest: � SF,AL Chris Joh n 5 "-2` City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: N wW"- Dated: 5-2-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(ALEXANDERS LANDING SUBDIVISION-FILE H-2022-0084) -4- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING March 14, 2023 continued to April 18, I legend DATE: 2023 0 QProject Location :.t r: -- _ r l TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 - SUBJECT: Alexanders Landing Subdivision -- --- H-2022-0084 LOCATION: 4574 W. Quarterhorse Lane near the Southeast corner of W.Pine Street and hit k Black Cat Road., in the NW'/4 of the SW'/4 of Section 10,Township 3N, Range 1W. (Parcel#51210325711) + ;17 L PROJECT DESCRIPTION Annexation of 5.23 acres of land from RUT in Ada County to the R-8 zoning district and preliminary plat consisting of 24 building lots and 4 common lots for Alexanders Landing Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 5.23 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family residential(SFR)/ag Proposed Land Use(s) SFR Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(9 and type;bldg/common) 24 building/4 common Phasing plan(9 of phases) 1 Number of Residential Units(type 23 single-family detached units and 1 existing home of units) Density(gross&net) 4.59 units/acre(gross) Open Space(acres,total[%]/ 0.78 acres(or 15%) buffer/qualified) Amenities Open Grassy Play Area,Walking Pathways with Benches, Shade Structure Physical Features(waterways, Purdam Gulch Drain to the south hazards,flood plain,hillside) Neighborhood meeting date 9/19/2022 History(previous approvals) None B. Community Metrics Description I Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing Quarterhorse Lane is an existing 16-foot-wide unpaved private road abutting the Conditions site's north property line. • CIP/IFYWP Capital Improvements Plan (CIPY Integrated Five Year Work Plan (IFYWP): There are no roadways bridges or intersections in the general vicinity of the project that are In the Integrated Five Year Work Plan IIFYWPI Black Cat Road its Irsted in the CIP to be v,-dened to 5-lanes from Franklin Road to Cherry Lane betveen 2031-2035 Access(Arterial/Collectors/State Black Cart Road is classified as a minor arterial roadway. Other than the Hwy/Local)(Existing and Proposed) access specifically approved with this application off of W.Quarter Horse Lane,direct lot access is prohibited to this roadway and should be noted on the final plat. Proposed Road Improvements None Fire Service See Section IX.C Police Service No comments received. West Ada School District No comments received. Distance(elem,ins,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed South Black Cat • Estimated Project Sewer See application ERU's • WRRF Declining Balance 40,880 EDU • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX Water • Distance to Services Directly adjacent • Pressure Zone 1 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX C. Project Maps Future Land Use Map Aerial Map Legend Medium Denslt, legend t! Residential 01Project Location Low Civic Density.- y1j�J i Residential CAI Med-High General Density Irk iL Industrial Residential 's` -4 Mixed ' Employment Zoning Map Planned Development Map R2 Aegend Rl R 8 Legend oject Location R_4 []Project Location i!- City Limits T s RUT — Planned Parcels R-15 R-8 - - .�- RUT Fi i .- - -•--•- .�- .� . - .--.-:� R-15 - I M-E RUT �•1+y�-4:,R l '- M1 M-E TN-R R 15 r: R1 Ml C2 R 15 R-15' RUT—R-•I5 �1 r--I � R-8 , M1 R m15 -; G;PZ%� iyiig® III. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services—3161 E. Springwood Drive, Meridian, ID 83642 B. Owner: Robert Ritter,Quarter Horse Lane,LLC—PO Box 4067,Boise,ID 83711 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 1/29/2023 2/29/2023 Radius notification mailed to property owners within 300 feet 1/27/2023 2/24/2023 Public hearing notice sign posted 2/4/2023 3/3/2023 on site Nextdoor posting 1/30/2023 2/27/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The subject 5.23 acres currently contains an existing home. The subject site is abutting an R-8 development to the north,Horse Meadows Subdivision;to the east and west is county residential not yet annexed into the City of Meridian; and to the south is the railroad and Purdam Gulch Drain. The subject property is designated as Medium Density Residential on the future land use map consistent with the approved development to the north. The Applicant proposes a 24-lot subdivision for single-family residential detached homes at a gross density of 4.59 units per acre,which is within the desired density range of the MDR designation. Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family detached dwellings with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes are in the development process to the north and south of railroad tracks are an existing and planned Medium High-Density Residential development consisting of attached, townhouse , and, and multifamily dwellings. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City." (2.01.01G) This area consists primarily of single family detached homes with some multi family apartments to be developed to the southeast; only single-family detached homes are proposed within this development. The proposed development offers lot sizes ranging from 4,010 to 5,258 square feet (sf.) with the existing home on a 21,852 sf. lot. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices."(3.07.01A) The proposed medium-density residential single-family homes contribute to the variety of residential categories within the surrounding area as desired. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed site design provides maximum use of the land with the proposed residential dwelling types and should be compatible with planned development on adjacent properties that are also designated for MDR uses. The project does abut three (3)existing multiple-acre County residential properties to the east, west, and north. Until these properties are redeveloped, development could impact the County residences. • "Support infill development that does not negatively impact the abutting,existing development. Infill projects in downtown should develop at higher densities,irrespective of existing development." (2.02.02C) The proposed development will not likely impact the abutting development to the north existing homeowners in the county to the east and the existing homeowners south of the railroad tracks. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and through this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.011)) A 10 foot wide multi-use pathway connection is required and a 6-foot wide multi-use pathway is proposed along the south boundary adjacent to the railroad tracks. The Applicant shall provide a 10 foot wide multi-use pathway in accord with the Pathways Master Plan. This pathway will provide a link between all subdivisions east off. Black Cat Road and west of this site. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities." (3.03.03G) Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe." (2.02.02) Development of the subject infill parcel will maximize public services. Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive Plan. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 5.23 acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIILA. This property is within the City's Area of City Impact boundary. The annexation legal description submitted does not include to the centerline of the railroad tracks. The Applicant should submit a revised legal description of the property proposed to be annexed that encompasses the area to the centerline of the railroad tracks 15 days prior to the City Council Hearing. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 24 single-family residential detached dwelling units at a gross density of 4.59 units per acre(see Sections VIILB,E). The proposed use and density of the development is consistent with the MDR FLUM designation. Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2.Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. There is an existing home on approximately half an acre to the northeast along W. Quarter Horse Lane. The property owner intends to annex and connect to City utilities with this development. The property is contiguous to City annexed land to the north and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area for the R-8 zoning districts are included in Section VIILA. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 24 building lots and 4 common lots on 5.23 acres of land in the proposed R-8 zoning district. Proposed lots range in size from 4,010 to 21,852 square feet(s.f) (or 0.09 to 0.50 acres).The proposed gross density of the subdivision is 4.59 units per acre. The subdivision is proposed to develop in one phase as shown in Section VIII.B. Existing Structures/Site Improvements: An existing home on the property is proposed to remain on Lot 1,Block 2. The outbuilding located on Lot 3,Block 2 shall be removed with development of this property. The existing home does not meet the required number of off-street parking spaces per UDG 3C-6 for a three (3)bedroom home; four(4)parking spaces are required,at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The existing home does not comprise of an enclosed garage. Prior to the City Engineer's signature on the final plat,the non- conformity of the home should be remedied to meet the off-street parking regulations. Once the plat records,the existing home will require a new address. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district.The proposed plat appears to comply with the dimensional standards of the district. Access: Access is proposed from Quarterhorse Lane from the north; direct access to N. Black Cat Road and W. Pine Avenue is prohibited. The subject property is dependent upon the development of Horse Meadows Subdivision directly to the north to reconstruct a portion of Quarterhorse Lane (existing private road)as a public street,which would provide public street frontage and access to this site. Horse Meadows Subdivision has not submitted its Final Plat for approval at this time; therefore,there is no right-of-way abutting the subject site. The Applicant's proposal to construct public streets within the Alexanders Landing Subdivision is contingent upon the development of the Horse Meadows Subdivision prior to submitting a Final Plat for approval. A local stub street(W.Newland Drive)is proposed for interconnectivity between two developments that is stubbed at the east/west boundary on the site in accord with the UDC. The street does exceed 150 feet; therefore, a temporary turnaround is required. The Applicant is proposing to construct a temporary turnaround on a common lot(Lot 10,Block 1),which decreases the usability of the area. Staff recommends that the Applicant construct the temporary turnaround on Lots 5 and 7, Block 3 in the southwest corner of the development to increase the open space for development. The reason for this recommendation is to ensure open space for the development remains intact without placing a burden on the HOA to remediate the removal of the turnaround area. The Applicant included a concept plan for the property to the west that demonstrates how the western R1 property could potentially develop in the future. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. Landscaping(UDC 11-3B):No street buffers are required per UDC Table 11-2A-6 for internal local streets. Common open space landscaping is proposed as shown on the landscape plan in Section VIILC. Landscaping is required along all pathways with a minimum of 5-feet wide shall be provided on each side of the pathway with a mix of trees, shrubs,lawn, and/or other vegetative ground covers per the standards listed in UDC 11-3B-12C; the landscape plan should be revised accordingly. A Tree Mitigation Plan should be submitted with the final plat detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-10C.5. Common Open Space&Site Amenities(UDC 11-3G-3): A minimum of 15% (or 1.23 acres based on 5.23 acres)qualified open space is required to be provided in this development per the standards listed in UDC 11-3G-3. The proposed project is approximately 5.23 acres in size requiring a minimum amount of open space based on the requested zoning. Per UDC Table 11-3G-3, the R-8 area requires a minimum of 15% qualified open space. An open space exhibit was submitted that depicts 1.29 acres of common open space for the development with 0.78 acres of this area as qualified open space (see Section VIII.E). The minimum amount of qualified open space required is 0.78 acres, approximately 34,194 square feet. There are three (3) main open space areas proposed within Alexanders Landing, the centralized common open space, the linear open space along the southern boundary, and the linear open space located on Lot 1, Block 3. The Purdam Gulch Drain does not count as usable open space but is located on Lot 16, Block 3 (21,617 square feet). The Applicant illustrates the drain to remain open in a natural state on the landscape plans submitted as well as stating that all repairs and damage due to construction will be seeded with dryland mix. The large central open space area is approximately 22,028 feet in size and is the largest usable common area within the project. The Applicant has proposed a 5-foot micro- path running north/south within this open space for easy pedestrian access. The linear open space along the southern boundary is approximately 20 feet in width and over 500 feet in length. This linear open space is shown with trees and a 6-foot wide pathway for an added pedestrian element and will also act as a buffer between this project and the railroad to the south. The proposed micro path on Lot 1, Block 3 connects to the 6-foot wide pathway(a 10 foot wide pathway is recommended below) running along the southern boundary to provide convenient access and pedestrian connectivity. Because of the pedestrian connectivity and the general locations and uses of open space, Staff supports the proposed qualified open space. UDC 11-3G-4 dictates the minimum amenity points required for projects over 5 acres in size. The project size of 5.23 acres requires a minimum of one (1)amenity point(1 point for every 5 acres). According to the submitted plans,the Applicant is proposing the following amenities worth 3 amenity points: a picnic shelter w/tables (2),and pathways(1),According to UDC Table 11-3G-4,the proposed amenities and their point value is correct and exceed UDC requirements for a project of this size. Based on the proposed site design and zoning, Staff supports the proposed amenities. Pathways: The Pathways Master Plan depicts a multi-use pathway along the southern boundary adjacent to the railroad tracks on this site for connection to future developments to the east and west across Black Cat Road. In accord with the Master Pathways Plan, a 10-foot wide multi-use pathway should be provided within a 14-foot wide public pedestrian easement; only a 6-foot wide asphalt pathway is proposed. The landscape plan should be revised to include a 10-foot pathway and an easement should be submitted and recorded prior to the City Engineer's signature on the final plat. Sidewalks (11-3A-17): Five-foot wide attached sidewalks are proposed within the development in accord with UDC standards. Waterways: The Purdam Gulch Drain runs along the southern boundary of the site. The Nampa Meridian Irrigation District(NMID)requires an easement for the Purdam Drain courses along the south boundary of this property. The easement for the Purdam Drain at this location is a minimum of one hundred feet(100')total, fifty feet(50')each side. Per UDC 11-3A-6, the Applicant is requesting a council waiver to allow the Purdam Gulch Drain to remain open in a natural state. The drain should be fenced with an open vision fence at least six(6)feet in height and having an 11-gauge, two-inch mesh or other construction, equivalent in ability to deter access to said ditch,lateral, canal, slough or drain,which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or both sides of said ditch, lateral, canal, slough or drain. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 1,Block 2 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted landscape plans,the Applicant is proposing two types of fencing throughout the site,vinyl solid fencing and vinyl semi-privacy fencing. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards,specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations: Three (3)conceptual building elevations and floor plans were submitted that demonstrate what future homes in this development will look like (see Section VIILF). Variations of two-story homes with a two-car garage are proposed. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding, differing color accents, roof profiles, and varying of home styles. Staff recommends that the Applicant add additional stone or brick accents to the front of the homes to provide more of a variation in materials. VIL DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement,and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on February 16, 2023. At the public hearing,the Commission moved to recommend approval of the subject Conditional Use Permit request. 1. Suimnary of Commission public hearing a. In favor: Kent Brown,Kent Brown Planning Services; b. In opposition: None c. Commenting: Kent Brown: d. Written testimony:None e. Staff presenting application: Stacy Hersh,Associate Planner f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Timingoproposed development not commencing until a public road access is available to the site upon development of the Horse Meadows subdivision to the b. north. Recommend or request that a Historical Advisory Committee work with the Ci . on preserving the Roosevelt Elementary School that was used in 1910 located on the property to the west. 4. Commission change(s)to Staff recommendation: a. The Developer shall set aside funds for remediation of the temporary turnaround area on Common Lot 10. 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on April 18.2023.At the public hearing_the Council moved to approve the subject AZ and PP request. 1. Summary of the City Council public hearing: a. In favor: David Bailey_Bailey Engineering b. In opposition:None C. Commenting: David Bailey,Bailey Engineering: Christy hlselman.ACHD d. Written testimony: None C. Staff presenting application: Stacy Hersh.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. Concerns with accessing the site from Pine and Black Cat during construction_ b. Striping of Pine Street to accommodate bike lanes with the planned road improvements: C. Concerns with the stop sign at the railway create a huge bottleneck- d. Traffic impact concerns on Black Cat once the Pine Street improvements are complete. 4. City Council change(s)to Commission recommendation: a. Strike condition A.3.c.."depict an open vision fence at least six(6)feet in height around the Purdam Gulch Drain per UDC I I-3A-6." b. Amend condition Al.d. to read. "Due to access availability. the Applicant shall not obtain the City Ensaineer's signature on the final plat prior to recordation of Horse Meadows final plat." VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map Annexation Description for R-8 Zone February 13.2022 A parcel located in the Northwest 1�4 of the Southwest 1/4 of Section 10, Township 3 North,Range 1 West.Boise Meridian,Ada County,Idaho more particularly described as follows: Commencing at the 114 comer common to Sections 9 and 10.T.3N., R.1 W., B.M.,from which the Section comer common to Sections 9, 10, 15.and 16,T.3N.. R.1 W.,B.M.,bears South 0'38'55"West.2653.02 feet thence on the west boundary line of said Section 10,South 00'38'55'West,422.02 feet:thence leaving said west boundary line,South 89'21'54"East,250,10 feet to the REAL POINT OF BEGINNING; thence continuing South 89'21'54'East,534.21 feet; thence on a line parallel with the west boundary line of said Section 10,South 00'38'55"West.422.01 feet to the north right-of-way line of the Union Pacific Railroad; thence on said north right-of-way line,North 88'26'12"West,784.41 feet to the west boundary line of said Section 10; thence on said west boundary line,North 00'38'55"East,30.00 feet; thence leaving said west boundary line on a line parallel with and 30.00 feet north of the north right-of-way line of the Union Pacific Railroad,South 88`26'12"East, 264.79 feet; thence leaving said parallel line,North 01'32'22'West,383.87 feet to the REAL POINT OF BEGINNING. Containing 5.230 acres,more or less. End of Description. Pt. L q,y0 s / �5 \ ENS pL (/- a 11779 'Pz11312 n0 49 OF y'y M co, - 1/4 w._Pine Ave. S.9 S.10 Cr 0 30 60 120 240 O I� IN h' Unplatted Line Table Line Bearing Length I Li NW-38-WE 30.00' I h Red Point of Beginning S89'21'54'E S89'21'54'E 534.21' 250.1 o' N m O aA M I is zz m n eq t5 230 Aoroe / e I S88-26'12`E 264.79' J. f+86R612"W 784.41' h 1�0 Union Pacific Rodroad pNPL LAND �CENSI� SG 11779 i 7�13//.-&2zr S.9 js.io nQQgrF OF S.t6 S.15 Al. Franklin Rd. y'f MCCN IDAHO Annexation Exhibit Job No SURVEY �h am R-8 Zone Street No. "I:O&M 1 GROUP, LLC Located In the NW1/4 of the Sw1/4 of Section 10. Deg. Date I.JN.. R,M B.M..Ado County Idaho._ - 2/13n022 B. Preliminary Plat(dated: 12/15/22) _ rmurun rur ma T41� M -_ I I `lA s l 1 y l�.] n.3au u-"s-rearms r. j lq,�a ras�arrnr.t� r3%$iirar ZL:. 1 I a i PL,, ry F _ a c w— loom Y C. Landscape Plan(dated: 12/15/2022)—NOT APPROVED(NEEDS TO BE REVISED) ME u=__-_ Jw -- — -ji - --7 '1, r ♦ __�a_rs-tr EETLt t --_1 ';SHEE?_L"_ .sccz�=i. �cww�rea�ui 1 � � a i a��Ta _ 1 L'aitir3—'__ •'+"'�� ------ C1�Ml IMiO�GYa 11M h:.�--"� L10 ►t t ^� KIWI tltakU6k�� •.tla.ue r+ - '�''.�+ /� ;�;� ..•.. I'I r�. �1 ~ 1 .fir u 11• two- - Alm - LJ 0 D. Open Space Exhibit(dated: 11/2/2022) PRUMPARY►W M i -ML — - a s a - ME 3si r. � a _ J,_1 •��+au_dzarrasn•S o F s I E � � s , j .�. !srr- �`� E. Conceptual Building Elevations Sample Homes Plans(not the oauolplons to be build,but provided for lAustrotwe use only) .M- z: *,96- FLOOR PLAN Aj"PLAN Sq ft:2,289 _ Beds:3 -— Bath:2.5 - ,�,.. owNFrssurF WM� I IMF urs me _ _ L I � 1 cnpncc Sample Homes PI a n5(nor the actual plans to be build,but provided for illustrative use only) G 5q ft:2,051 FLOORPLM FLOOR PLAN Beds:3 Bath:2.5 •.r w4 Ef/t'w� OWNENS SIJiEE ___ CPI N TO 191 Cr* eAull.MGM N:T:.IIM C:ARACA `^ RIR4M) Ill'S�I Sample Homes P Ian s,not vie actual plans to be build,but prov,ded Jor,liustrative use only) pjcpmrr% ' r 1 I Sq ft: 1,983 FLOOR PLAN FLOOR PLAN Beds: 3 Bath:2.5 C1YK�'S S/.ilE I ONNG y i•v r 101Utw r -_ - IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property.Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. The Applicant shall submit a revised legal description of the property proposed to be annexed that encompasses the area to the centerline of the rail-road tracks within 15 days prior to the City Council Hearing Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan,common open space/site amenity exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home on Lot 1,Block 2 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. c. Prior to the City Engineer's signature on the final plat,the non-conformity of the home shall be remedied to meet the off-street parking regulations. d. Due to aeeess az,.,.hail.*.,Prior to City Engineer's signature on the final plat_public street access shall be extended from the Horse Meadows Subdivision. e. The Applicant shall provide written documentation that they have relinquished their rights to Quarter Horse Lane prior to the City Engineer's signature on the final plat. f. The Applicant shall submit a Performance Surety based upon 110%of an itemized contractor's bid for the incomplete improvments for the temporary turnaround area on Common Lot 10 prior to recordation of the final plat. 2. The final plat shall include the following revisions: a. Depict an easement for the Purdam Gulch Drain(minimum of one hundred feet(100')total, fifty feet(50')each side),which runs along the southern boundary of this property. b. Depict a 10-foot wide multi-use pathway on common Lot 15,Block 3 per the Master Pathways Plan;provide the pathway within a 14-foot wide public pedestrian easement and include the recorded instrument number on the Final Pat. c. d. Graphically depict the ACHD storm water drainage easements referenced in Note 46. e. The existing home shall obtain a new address upon development of this project consistent with the development of the new local street. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a 10-foot wide multi-use pathway on common Lot 15,Block 3 per the Master pathways Plan with landscaping along each side of the pathway in accord with the standards listed in UDC 11-3B-12C. b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.S. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyoritakmeridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. c. r rDG 1-1 3A-6. 4. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2a-6 for the R-8 zoning district. 5. Prior to the City Engineer's signature on the final plat,all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 6. The Applicant shall obtain a Council waiver to allow the Purdam Gulch Drain to remain open in a natural state at the Council hearing,Per UDC 11-3A-6. 7. Prior to the City Engineer's signature on the final plat,a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway as required by the Park's Department. 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for single-family dwellings based on the number of bedrooms per unit. 9. The Applicant shall comply with all ACHD conditions of approval. 10. Direct access to N. Black Cat Road and W. Pine Avenue is prohibited. 11. The Applicant shall submit revised elevations that include a mix of stone and/or brick t prior to the Council hearing. 12. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5,UDC 11-3B-13 and UDC 11-3B-14. 13. The preliminary plat approval shall become null and void if the applicant fails to either: 1)obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or 20 obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A second water connection to either Black Cat Road or Pine Avenue is required. This can be through the Horse Meadows development or by another means. 1.2 At Quarterhorse Lane and Bareback Street must provide a tee with two valves and a blind flange on the eastern leg, so that water can be extended to the east in the future. 1.3 Provide two valves at the tee located at Bareback Street and Newland Street 1.4 A fire hydrant is required on Newland St at the eastern boundary of the site. 1.5 A 4"blowoff per City standard drawing W13 is required on Newland Street at the western boundary. 1.6 Sewer does not need to be provided to and through to parcel to the east. Provide sewer mains to eastern boundary only as needed for development. 1.7 Ensure no sewer services cross infiltration trenches 1.8 Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences, infiltration trenches,light poles,etc.)are built within water/sewer easements. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 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 I F 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C).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 prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 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. 2.7 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. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities,etc.,prior to signature on the final plat. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 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. 2.17 The design 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. 2.18 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. 2.19 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. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse 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 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. 2.22 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,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. C. FIRE DEPARTMENT https://weblink.meridiancity.oEgj ebLink/DocView.aspxTid 287136&dbid 0&repo Meridian City D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT No comments at this time. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.oEgj ebLink/DocView.aspxTid 288323&dbid 0&repo Meridian City G. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id 287386&dbid O&repo MeridianCity H. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.oEgj ebLink/DocView.aspxTid 288137&dbid 0&repo Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 4.59 units per acre is consistent with the density desired in the MDR designation for this property; the preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds City services are available to be provided to this development. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. City Council finds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005,eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008,eff. 7-8-2008) City Council finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. E IDIAN --- AGENDA ITEM ITEM TOPIC: Development Agreement Modification (Lavender Heights H-2022-0017) Between the City of Meridian and LH Development, LLC for Property Located at 2160 E. Lake Hazel Rd. ADA COUNTY RECORDER Trent Tripple 2024-000212 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 01/03/2024 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. LH Development, LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 2nd day of January 20 24 ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and LH Development, LLC ("OWNER/DEVELOPER"), whose address is P.O. Box 344, Meridian, ID, 83646. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the Development Agreement recorded August 19, 2020 as Instrument 92020-106343 in Ada County Records) for the purpose of updating the concept plan and relevant provisions associated with the development of phase 4. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument 92020-106343, except as specifically amended as follows: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, updated phase 4 concept plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The I0-foot multi-use pathway shall be constructed with Phase I of the development, except for that area located in the proposed future multi- family or Townhome development along the southern edge of the Farr Lateral, shown as Phase 4. C. The required secondary access via extension of E. Brace Dr. shall be constructed with Phase I of the development. d. Direct lot access to Lake Hazel Road shall be prohibited. e. No more than 54 and no less than 30 units shall be allowed on the R-40 zoned property. Detailed Conditional Use Permit approval is required prior to any development on the R-40 zoned area if a multi-family project is MODIFICATION TO DEVELOPMENT AGREEMENT-H-2022-0017—LAVENDER HEIGHTS MDA Page 1 of 4 proposed consistent with the approved phase 4 concept plan—if a townhome development is proposed in this area, plat approval is required prior to any development in the R-40 area. f. With the sale of all future homes in the Lavender Heights Subdivision, all sales information shall have language regarding the future multi-family or Townhome project that will be a part of this development. g. Per City Council waiver, the Farr Lateral waterway shall remain open in accord with the standards in UDC 11-3A-6. h. The required street frontage improvements (sidewalk and landscaping) along E. Lake Hazel Road shall be constructed with Phase 1 of the development. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council MODIFICATION TO DEVELOPMENT AGREEMENT-H-2022-0017—LAVENDER HEIGHTS MDA Page 2 of 4 after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNE ELOPER: H Dev lopment,LLC By: Larry Squires Its:N-0\0� CITY OF MERIDIAN Attest: Mayor Robert E. Simison 1-2-2024 Chris Johnson, City Clerk 1-2-2024 STATE OF IDAHO ) )ss. County of Ada (� ) On this 1 day of 202jbefore me,the undersigned,a Notary Public in and for said State,personally appeared Lary Squires,known or identified tome to be the Na;La�('v of LH Development,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first abovitX014 AN ill - A T 4 , ••• •.•�O 4-}--- �;a 7/1 ti�9 S d Aj' UL Notary Public for Idaho �.0MM « � Residing at: fCut,-ex. (o '• S AUB1.�G My commission expires: << 10 2ozei �i '� «..•• p• OF �p MODIFICATION TO DEV APMENT AGREEMENT-H-2022-0017-LAVENDER HEIGHTS MDA Page 3 of 4 STATE OF IDAHO ) ss County of Ada ) On this 2nd day of January 2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2028 MODIFICATION TO DEVELOPMENT AGREEMENT-H-2022-0017—LAVENDER HEIGHTS MDA Page 4 of 4 EXHIBIT A STAFF REPORT E IDIAN --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/3/2022 legend DATE: E] -,,iect t ocofion 0 TO: Mayor&City Council R-2 R-4 FROM: Joseph Dodson,Associate Planner R-8 R-8 208-884-5533 lost$ SUBJECT: H-2022-0017 R 15 Lavender Heights MDA K i� i �,u R_ S *_.,, . . LOCATION: Site is located at 2160 E. Lake Hazel C C R -� ' ` RUT Road,at the northeast corner of E. Lake R-8 R-2 Hazel Road and S. Bloomerang Avenue, R-8 in the SE 1/4 of the SW 1/4 of Section R-4 R-8 32,Township 3N,Range l E. RUT R_8 !, RUT — L PROJECT DESCRIPTION Request to modify the existing Development Agreement of the Lavender Heights Subdivision(Inst. # 2020-106343) for the purpose of updating the concept plan and relevant provisions associated with the development of phase 4. II. APPLICANT INFORMATION A. Applicant: Mary Wall,Breckon Land Design—PO Box 44465,Boise,ID 83711 B. Owner: Taylor Merrill,LH Development,LLC—PO Box 344,Meridian,ID 83646 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 4/17/2022 Radius notice mailed to 4/18/2022 properties within 500 feet Public hearing notice sign posted 4/13/2022 NextDoor Posting 4/18/2022 IV. STAFF ANALYSIS History In 2020,the property received annexation and subdivision approval to develop a mixed-use residential development in four(4)phases known as Lavender Heights (H-2020-0009). The first three phases of development depicted detached single family and the fourth phase depicted a basic concept for a multi-family project. The subject modification is specific to phase 4 and the multi-family portion of the development located along the E. Lake Hazel Road frontage. Since the approvals in 2020,the project has received final plat approval for the entire development but no conditional use permit has not been proposed for the approved multi-family lot. Development Agreement Modification The approved Development Agreement(DA) (Inst. 92020-106343)does not include a provision that ties the DA to the submitted multi-family concept plan but does include specific provisions for the subject property(Exhibit VLA below). The existing multi-family concept plan depicts a drive aisle along the northern property boundary adjacent to the Farr Lateral with multiple apartment buildings along the southern boundary adjacent to Lake Hazel. The Applicant is proposing a new concept plan for the subject R-40 property that does not comport with the proposed multi-family use nor the minimum number of units outlined in the DA. The new concept plan(Exhibit VLB below) depicts a townhome development and a private street/drive aisle instead of a traditional garden style apartment complex. Further,the submitted concept plan contemplates 30 residential units instead of the anticipated minimum of 36 units outlined in DA provision 5.1e. For the overall Lavender Heights development,a loss of six(6)units does not affect its overall density in any measurable way but this area of the plat was intended to be the densest area of the development as it is along Lake Hazel and Staff anticipated higher density along this planned mobility corridor and because it is across from Discovery Park. According to the Applicant's narrative,the owner has not yet decided if the property will still be a multi-family project or be subdivided to allow the sale of each unit or groups of units. If the development is a multi-family or townhome project,a future conditional use permit(CUP)is required in the R-40 district. If the units are to be sold off individually or in groups,it also requires the applicant to further subdivide the property. In summary, Staff supports either option as they would contribute to the housing diversity offered within this development and the surrounding area. Based on the process outlined above, Staff will ensure the future multi-family or townhome development complies with the most current UDC standards in effect at the time of application submittal. V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the modified provisions in Section VLC. B. The Meridian City Council heard these items on May 3. 2022.At the public hearing_ the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Jon Breckon_Applicant Representative_ Todd McDermott_ future neighbor- b. In opposition:None C. Commenting: Jon Breckon_ Todd McDermott d. Written testimony: None C. Staff presenting application: Joseph Dodson,Associate Planner f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Support for the proposed change from multi-family to townhomes_ 3. key issue(s)of discussion by City Council: a. Confirmation of future applications required for development- b. Details surrounding future development in terms of circulation. open space, parking. etc. 4. City Council change(s)to Commission recommendation. a. None VI. EXHIBITS A. Existing Conceptual Development Plan(not specifically tied to the DA) 1, •1 ` / 1 1 11 r r, iI tiY , i f1 1 J 1 Iq I Y1 JRMiVWRt IAVINOEW 14t"11% ;�1 B. Proposed Conceptual Development Plan— IL P Pl CF ATIAWF A HTS C. Proposed Revisions to the existing Development Agreement Provisions 1. Future development of this site shall be generally consistent with the preliminary plat, landscape plan_undated phase 4 concept plan_ and conceptual building elevations ferne single fianily dwellings included in Section VII and the provisions contained herein. 2. The 10-foot multi-use pathway shall be constructed with Phase 1 of the development,except for that area located in the proposed future multi-family or Townhome development along the southern edge of the Farr Lateral, shown as Phase 4. 3. The required secondary access via extension of E. Brace Dr. shall be constructed with Phase 1 of the development. 4. Direct lot access to Lake Hazel Road shall be prohibited. 5. No more than 54 and no less than�6 30 units shall be allowed on the R-40 zoned property. Detailed Conditional Use Permit approval is required prior to any development on the R-40 zoned area if a multi-family project is proposed consistent with the approved phase 4 concept plan—if a townhome development is proposed in this area,plat approval is required prior to any development in the R-40 area. 6. With the sale of all future homes in the Lavender Heights Subdivision,all sales information shall have language regarding the future multi-family or Townhome project that will be a part of this development. 7. Per City Council waiver,the Farr Lateral waterway shall remain open in accord with the standards in UDC 11-3A-6. 8. The required street frontage improvements (sidewalk and landscaping) along E. Lake Hazel Road shall be constructed with Phase 1 of the development. E IDIAN --- AGENDA ITEM ITEM TOPIC: License Agreement Renewal between the City of Meridian and Ada County for Meridian Police Department for Fiscal Year 2024 K9 Training AGREEMENT NO. 14520-2-23 FY 2024 RENEWAL OF LICENSE AGREEMENT FOR K9 TRAINING BETWEEN ADA COUNTY AND MERIDIAN POLICE DEPARTMENT THIS RENEWAL OF AGREEMENT is entered into this 2nd day of January , 2024, by and between Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho (hereinafter "County"), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter"City"), also referred to as "Party" or"Parties." WITNESSETH WHEREAS,the Parties entered into an Agreement for K9 training at Ada County Weed, Pest, and Mosquito on December 7, 2021, (hereinafter, "Agreement No. 14520"); and WHEREAS, the Parties executed a renewal of Agreement No. 14520 by Agreement No. 14520-1-22, effective October 1, 2022 to September 30, 2023; and WHEREAS,the Parties have the option to renew Agreement No. 14520 for a term of one (1) additional year; and WHEREAS, it is the desire of the Parties to renew Agreement No. 14520 for the fiscal year of 2024, under the same terms and conditions as set forth therein. NOW, THEREFORE, it is mutually agreed, by and between the Parties hereto: I. Agreement No. 14520 shall be renewed for the period from October 1, 2023, to and including September 30, 2024. FY 2024 RENEWAL OF LICENSE AGREEMENT FOR K9 TRAINING BETWEEN ADA COUNTY AND MERIDIAN POLICE DEPARTMENT—PAGE I II. It is further agreed that each and every remaining term and condition within Agreement No. 14520, shall remain unchanged unless specifically modified herein. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners By: Rod Beck, Commissioner By: Ryan Davidson, Commissioner By: Thomas Dayley, Commissioner ATTEST: Trent Tripple, Ada County Clerk City of Meridian By: Robert E. Simison,Mayor 1-2-2024 ATTEST: City Clerk Chris Johnson 1-2-2024 FY 2024 RENEWAL OF LICENSE AGREEMENT FOR K9 TRAINING BETWEEN ADA COUNTY AND MERIDIAN POLICE DEPARTMENT—PAGE 2 E IDIAN --- AGENDA ITEM ITEM TOPIC: License Agreement Between Meridian Development Corporation and City of Meridian for the Relocation of the Hunter Lateral LICENSE AGREEMENT BETWEEN THE MERIDIAN DEVELOPMENT CORPORATION (MDC) AND THE CITY OF MERIDIAN (CITY) RECITALS WHEREAS, MDC owns certain property (MDC Property) and the CITY owns certain property (CITY Property)depicted in Exhibit A which is attached hereto and incorporated herein; WHEREAS the Hunter Lateral(Lateral) is an irrigation facility owned by the Nampa Meridian Irrigation District(NMID) and runs through and across both the City and MDC properties; WHEREAS the City and MDC have entered into agreements with NMID and ACHD for the relocation of the Lateral to the ACHD right of way; WHEREAS the relocation of the Lateral will improve the potential use and redevelopment of the respective properties of the City and MDC; and WHEREAS,the City is responsible for relocating the Lateral to the ACHD right of way and this agreement grants permission to the City to go on MDC property to accomplish said relocation and subsequent restoration of the MDC Property. WHEREAS,the CITY and MDC desire to enter into this Agreement for the mutual benefit of both entities with all relocation and restoration work described herein to be performed by the City and/or its contractors. AGREEMENT For their mutual consideration and benefit, MDC and City enter into this Agreement to facilitate the relocation of the Lateral from their respective properties as noted in Exhibit A to the ACHD right of way. MDC hereby grants a temporary license during the term of this Agreement to the City and its contractors and designees to go onto the MDC Property for the relocation of the Lateral from the MDC Property and the City Property to the ACHD right of way and for the restoration of the MDC property upon completion of the work. The City will be responsible for all construction and related work to accomplish the relocation of the Lateral and the payment of the associated costs. City agrees to promptly restore the MDC Property to at least substantially the same condition that existed prior to the relocation work being performed. The applicable properties and location of the work are all identified on Exhibit A and incorporated by reference into this Agreement. The work is intended to be performed and completed by May 31st of 2024 with the term of this Agreement being through said date. If delay occurs due to weather or any other reason beyond the City's control, the parties agree that notification shall be made to MDC with a request for a mutually agreeable extension to complete the work in a timely manner due to those conditions. This Agreement may be terminated by either party for noncompliance with the terms hereof by providing at least thirty (30) days advance written notice of termination. If the defaulting party cures the default before the expiration of thirty (30) days following the date of the notice of default then the default shall be deemed to be resolved and cured. If this Agreement is terminated the obligation to restore the MDC Property shall remain and survive said termination. EXPENSE AND HOLD HARMLESS All costs and expenses for the relocation of the Lateral and corresponding restoration work to be performed on MDC and City properties shall be at the City's expense. Any reimbursement of such costs by MDC will be by separate agreement. City agrees to pay the costs of construction when due and in accordance with its agreements with the applicable contractors. The City shall not allow any liens related to the relocation for nonpayment or otherwise to be asserted or maintained on the MDC Property. The City shall release, hold harmless and defend MDC from any damages, claims for damage or injury, or any other claims related to the performance of the Lateral relocation and property restoration work by the City and its contractors as described in this Agreement. ATTORNEY'S FEES Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement that party shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. CONSTRUCTION BINDING EFFECT This Agreement shall be construed and enforced in accordance with the laws of the State of Idaho and shall be binding upon and inure to the benefit of the parties hereto and their respective successors. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. The parties represent and warrant to each other that they each have authority to enter this Agreement. SECTION HEADINGS The section headings herein set forth are provided only for the convenience of the parties in locating various provisions of the Agreement, and are not intended to be aids in interpretation of any provision of the agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. NOTICES Any and all notices, demands,consents and approvals required pursuant to this Agreement may be delivered by hand delivery or U.S. mail to the addresses below: City Clerk MDC Meridian City Hall Ashley Squyres 33 E. Broadway Avenue 104 E. Fairview Ave. #239 Meridian, Idaho 83642 Meridian, ID 83642 MICELLANEOUS The recitals and exhibits described and set forth in this Agreement are a material and integral part of this Agreement and are incorporated herein by reference. The failure or neglect of a Party to enforce any remedy available by reason of the failure of the other Party to observe or perform a term or condition set forth in this Agreement shall not be a waiver of such term or condition. A waiver by a Party (i) shall not affect any tern or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. This Agreement, together with the accompanying Exhibit A, is the entire agreement among the Parties. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. This Agreement has been negotiated by the Parties and shall not be constructed more strictly against either party. EFFECTIVE DATE The parties hereby agree that the effective date of this Agreement shall be upon approval of the Board of Directors of the Meridian Development Corporation and the City Council of the City of Meridian and signed by the Chair and Mayor of the respective organizations. IN WITNESS WHEREOF; the parties have executed this Agreement to be effective as of the date first written above. CITY OF MERIDIAN Robert E. Simison, Mayor 1-2-2024 Attest, City Clerk Chris Johnson 1-2-2024 MERID rIN DEVELOPMENT CORPORATION B ave Winder, Chairman eC Secretary 9 EXHIBIT A U m —U' o E m O Y v H C O fi O O O O m `° u° 0 > Q O U c u°i o Q Q Lo �:. N m ° c O O Q a `o O U O O ' E O O m a w m i 4 " c E f o t i ~ C , jpjau1,a;unH "` U } � c a r� a >1 CA &6 i_+ r4 ► y ,- tCl G ? i ityae� ia�unH tG a LLJ 4 r# r r jL Lry t ■ c ci c { T, t'7 2V f ♦ •• � Q rN ■ � or co — dmp 2 a - t jaw c� lk r } l N E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of Equipment Purchase Contract and PO# 24-0199 with Columbia Electric Supply for the purchase of eighteen Low and Medium Voltage Variable Frequency Drives (VFD) and associated equipment for the Wastewater Resource Recovery Facility Aeration Basins for the Not-To-Exceed amount of$1,087,999.92 C� fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: January 9, 2024 Presenter: Consent Estimated Time: 0 Topic: Approval of Equipment Purchase Contract and PO# 24-0199 with Columbia Electric Supply for the purchase of eighteen Low and Medium Voltage Variable Frequency Drives (VFD) and associated equipment for the WRRF Aeration Basins for the Not- To-Exceed amount of$1,087,999.92 Recommended Council Action: Approval of attached Equipment Purchase Contract and attached PO# 24-0199 with Columbia Electric Supply for the purchase of eighteen Low and Medium Voltage Variable Frequency Drives (VFD) and associated equipment, for the WRRF Aeration Basins for the Not-To-Exceed amount of $1,087,999.92 Background: This Equipment Purchase Contract is supported by attached Executed Sole Source approved by Council on 3/21/2023. CONTRACT FOR THE SUPPLY OF LOW AND MEDIUM VOLTAGE VFD DRIVES - EQUIPMENT PURCHASE PROJECT #11230.M THIS CONTRACT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 16th day of October, 2023, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Columbia Electric Supply, hereinafter referred to as "SUPPLIER", whose business address is 8645 Westpark St., Boise, ID 83704. INTRODUCTION Whereas, the City has a need for Low and Medium Voltage VFD Drives- and WHEREAS, the SUPPLIER is specially trained, experienced and competent to provide and has agreed to provide such equipment; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment / Supply Specifications & Requirements: 1 .1 SUPPLIER shall supply the equipment, supplies and services to the City upon execution of this Contract and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in Exhibit A Scope of Work, Exhibit B Milestone/Delivery/Payment Schedule, Attachment A Columbia Electric Supply Proposal No. Q1094541 dated 8/21/2023, Attachment B Columbia Electric Supply Proposal No. Q1094721 dated 8/30/2023, and Attachment C CED Sales Terms and Conditions, which by this reference are incorporated herein. 1.2 The SUPPLIER shall provide all equipment and services under this Contract consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the terms of this contract. The SUPPLIER represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Contract and that are in effect at the time of performance of this Contract. N L 12/22/2023 KW 12/22/2023 2. Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not-To-Exceed amount of $1,087,999.92. 2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to SUPPLIER under the terms and conditions of this Contract. Payment of all taxes and other assessments on such sums is the sole responsibility of SUPPLIER. 2.3 Except as expressly provided in this Contract, SUPPLIER shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Contract, including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, SUPPLIER shall not be entitled by virtue of this Contract to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This Contract shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should SUPPLIER default in the performance of this Contract or materially breach any of its provisions, City, at City's option, may terminate this Contract by giving written notification to SUPPLIER. 3.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth in Exhibit B of this Contract on the date due, SUPPLIER, at the SUPPLIER's option, may terminate this Contract if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: SUPPLIER shall be liable to the City for any delay beyond the Milestone dates specified in Tasks 1 and 2 for the Low and the Medium Voltage VFD Drive outlined within Exhibit B Milestone/Delivery/Payment Schedule in the amount of $72 (Seventy-Two Dollars) per calendar day Not-To- Exceed $21,759.99 (Twenty-One Thousand Seven Hundred Fifty-Nine Dollars and Ninety-Nine Cents) equaling two percent of the contract value. Such payment shall be construed to be liquidated damages by the Supplier in lieu of any claim or damage because of such delay and not be construed as a penalty. 5. Termination: The CITY shall have the right to terminate this Contract as follows- 1. If SUPPLIER violates any of the covenants, Contracts, or stipulations of this Contract, falsifies any record or document required to be prepared under this Contract, engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract or Stipulation of this Contract, CITY shall thereupon have the right to terminate this Contract by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. 2. If SUPPLIER breaches this Contract by failing to materially fulfill in a timely and proper manner its obligations under this Contract, CITY shall thereupon provide a notice of intent to terminate the contract and give SUPPLIER a 30-day cure period during which SUPPLIER shall prepare a detailed plan to address the issues raised by the CITY. If in the CITY's opinion, SUPPLIER's plan fails to address the said issues, CITY shall thereupon have the right to terminate this Contract by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. 3. If the City Council determines that termination of the contract is in the best interest of the CITY, CITY shall thereupon have the right to terminate this Contract by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination provided always that if such termination is not due to SUPPLIER's fault, it shall be deemed a termination for convenience and CITY shall pay SUPPLIER for work performed, in accordance with this contract up to the date of termination." Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Contract by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this Contract and shall not relieve SUPPLIER of its liability to the CITY for damages. 6. Independent SUPPLIER: 6.1 In all matters pertaining to this Contract, SUPPLIER shall be acting as an independent SUPPLIER, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, SUPPLIER has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this Contract shall be made by the CITY. 6.2 SUPPLIER, its agents, officers, and employees are and at all times during the term of this Contract shall represent and conduct themselves as independent SUPPLIERs and not as employees of the City. 6.3 SUPPLIER shall determine the method, details and means of performing the work and services to be provided by SUPPLIER under this Contract. SUPPLIER shall be responsible to City only for the requirements and results specified in this Contract and, except as expressly provided in this Contract, shall not be subjected to City's control with respect to the physical action or activities of SUPPLIER in fulfillment of this Contract. If in the performance of this Contract any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction and supervision and control of the SUPPLIER. 7. Indemnification and Insurance: 7.1 SUPPLIER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Contract by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, caused by or arising out of SUPPLIER's negligence or willful misconduct. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Contract, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Contract by the SUPPLIER or SUPPLIER's officers, employs, agents, representatives or sub-SUPPLIERs and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date SUPPLIER begins performance of it's obligations under this Contract. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 7.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the SUPPLIER shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.3 To the extent of the indemnity in this contract, SUPPLIER's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the SUPPLIER's insurance and shall not contribute with SUPPLIER's insurance except as to the extent of City's negligence. 7.4 The SUPPLIER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 7.5 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. 7.6 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 8. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 9. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this Contract shall be guaranteed for two (2) years against defects in workmanship and materials from the notice of the City's approval/acceptance. SUPPLIER will submit the two-year written Warranty Certificate/Information with their submittal of each Low and Medium Voltage VFD Drive during the submittal process. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Contract, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian: Procurement Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 489-0417 Email: kwattsameridiancity.org Columbia Electric Supply: Attn: Nathan Laing 8645 Westpark St. Boise, ID 83704 Phone: (208) 791-5950 Email: nate.laingaced.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Contract, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Contract. 12. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Contract by the party so failing to perform. "Buyer and Seller agree that time is of the essence of this Contract and that Buyer will suffer damages if Seller's equipment is not delivered to Buyer within the times specified herein. Further, Buyer and Seller recognize the delays, expense and difficulties involved in proving the actual damages suffered by Buyer if Seller's equipment is not delivered on time. Accordingly, and in lieu of requiring proof of such damages, Seller agrees to pay, as liquidated damages for delay (but not as a penalty) $72 per calendar day Not- To-Exceed $21 ,759.99 equaling two percent of the contract value that expires after the times specified herein, subject to the following limitation: THE PAYMENT OF LIQUIDATED DAMAGES BY SELLER IS BUYER'S SOLE AND EXCLUSIVE REMEDY FOR DELAYS. NOTWITHSTANDING ANYTHING TO THE CONTRARY INCLUDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY EXPRESSLY PROVIDED HEREIN, SELLER'S LIABILITY FOR DELAY SHALL NOT EXCEED A 100% OF THE PRICE PAID TO SELLER UNDER THE CONTRACT.") 13. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Contract except upon the prior express written consent of CITY. 14. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Contract. 15.2 SUPPLIER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Contract for a minimum of four (4) years from the termination or completion of this or Contract. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: At any time during normal business hours if the City believes the Supplier is in breach of the contract or as required by state and federal law, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Contract. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Contract. 17. Force Majeure Neither party shall be liable for any failure or delay in performing an obligation under this Contract that is due to any of the following Force Majeure events, provided the event is beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural catastrophe, national strike, fire, or explosion. Force Majeure shall temporarily suspend the Contract until the Force Majeure event ceases. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Contract. 19. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall complywith all applicable laws, ordinances, and codes of Federal, State, and Iocalgovernments. Certifications. Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies: A. That Contractor is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. B. That Contractor is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. 20. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of SUPPLIER'S compensation, which are mutually agreed upon by and between the CITY and SUPPLIER, shall be incorporated in written amendments which shall be executed with the same formalities as this Contract. 21. Construction and Severability: If any part of this Contract is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Contract so long as the remainder of the Contract is reasonably capable of completion. 22. Waiver of Default: Waiver of default by either party to this Contract shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Contract unless this Contract is modified as provided above. 23. Advice of Attorney: Each party warrants and represents that in executing this Contract. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. Entire Contract: This Contract contains the entire Contract of the parties and supersedes any and all other Contracts or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 25. Order of Precedence: The order of precedence shall be the contract agreement and all exhibits followed by attachments A, B, C. 26. Applicable Law: This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 27. Approval Required: This Contract shall not become effective or binding until approved by the City of Meridian. 28. Ownership of Materials and Licenses. Ownership of Materials and Licenses. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data, software and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non-transferable license to use any such material solely for Buyer's use of the Work. Buyer shall not disclose any such material to third parties without Seller's prior written consent, unless otherwise required by Idaho or Federal law. Buyer grants Seller a non-exclusive, non-transferable license to use Buyer's name and logo for marketing purposes, including but not limited to, press releases, marketing and promotional materials, and web site content. 29. Limitations of Liability LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE CONTRACT, SHALL NOT EXCEED 140 PERCENT OF THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. CITY OF MERIDIAN: COLUMBIA ELECTRIC SUPPLY: BY: BY: Keith Watts, Procurement Manager Natha L o g, Division Manager Dated- 1-2-2024 Dated: 12/15/23 Approved by City Council: 1-2-2024 EXHIBIT A SCOPE OF WORK REFER TO COLUMBIA ELECTRIC SUPPLY PROPOSAL NOS. Q1094541 DATED 8/21/2023 AND Q1094721 DATED 8/30/2023, ALL ATTACHMENTS AND ALL EXHIBITS INCLUDED IN THIS CONTRACT FOR THE SUPPLY OF LOW AND MEDIUM VOLTAGE VFD DRIVES - EQUIPMENT PURCHASE ARE BY THIS REFERENCE MADE A PART HEREOF. This project consists of supplying Low and Medium Voltage VFD Drives specified in Columbia Electric Supply Proposal Nos. Q1094541 and Q1094721 for the City's WRRF Aeration Basin 1-4 Retrofit and 9-10 Upgrade Project located at the City's Wastewater Resource Recovery Facility (WRRF). EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete payments for this Agreement shall not exceed $1,087,999.92. TIME OF COMPLETION / DELIVERY / PAYMENT SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required per the Scope of Work including all Exhibits and Attachments of this Contract. LOW VOLTAGE VFD DRIVE MILESTONE DATES / PAYMENT SCHEDULE Task Description Due Date Compensation ■ 16 Weeks = 112 Calendar 1 Approval of Submittals. Days From PO Date and No $46,363.13 More Than Plus 1-2 Days for FRO Also From PO Date. ■ 72-76 Weeks = 532 Calendar 2 Delivery to Jobsite. Days From PO Date and No $216,361.24 More Than Plus 1-2 Days for FRO Also From PO Date. 3 Start-Up, Testing & Operation . October 1, 2025. $46,363.13 & Maintenance Manuals. CONTRACT PAYMENT TOTAL: $309,087.50 MEDIUM VOLTAGE VFD DRIVE MILESTONE DATES / PAYMENT SCHEDULE Task Description Due Date Compensation ■ 16 Weeks = 112 Calendar 1 Approval of Submittals. Days From PO Date and No $116,836.86 More Than Plus 1-2 Days for FRO Also From PO Date. ■ 72-76 Weeks = No Later Than 532 Calendar Days 2 Delivery to Jobsite. From PO Date and No More $545,238.70 Than Plus 1-2 Days for FRO Also From PO Date. 3 Start-Up, Testing & Operation . October 1, 2025. $116,836.86 & Maintenance Manuals. CONTRACT PAYMENT TOTAL: $778,912.42 ATTACHMENT A Customer • OF COLUMBIA-BOISE Quote: Q1094541 Revision#: 017 8645 WESTPARK ST Contact Name:SCOTT A. HAMMONS BOISE ID 83704 Tel:(208)322-1231 Fax:(208)327-0658 Quote Date:08/21/23 Job Name: WRRF UPGRADE VFDS Updated On:10/11/23 Attn: Expires On:09/20/23 Ship To: CITY OF MERIDIAN Customer PO#: Customer PO Date: FOB:SHIPPING POINT Freight:PREPAID LN Product Qty Avail Lead Time Qty Price Per* Ext Price 01 REF.ATTACHED PROPOSAL#EW_FT2307280947VC 02 AB PF753 1HP NO N12 0 43 Weeks 2 $9,285.00 E $18,570.00 LINE ITEM D ON PROPOSAL 03 *CLARIFIER CENTRAL MECH 4&5* 04 AB PF753 3HP NO N12 0 43 Weeks 2 $8,151.25 E $16,302.50 LINE ITEM E ON PROPOSAL 05 *RAS MIXER 1&2* 06 AB PF753 SHP NO N12 0 43 Weeks 1 $9,256.25 E $9,256.25 LINE ITEM F ON PROPOSAL 07 *WAS PMP* 08 AB PF753 15HP NO N12 0 43 Weeks 6 $10,628.75 E $63,772.50 LINE ITEM G ON PROPOSAL 09 *IMP PIMPS AERTN BASIN 1,2,3,4,9,10* 10 AB PF753 20HP HD N12 0 43 Weeks 1 $11,488.75 E $11,488.75 LINE ITEM H ON PROPOSAL 11 *SELECTRO BLWR 1* 12 AB PF753 40HP NO N12 0 43 Weeks 3 $12,897.50 E $38,692.50 LINE ITEM I ON PROPOSAL 13 *RAS BASIN PMPS 1,2,3* 14 AB PF753 200HP NO N12 0 43 Weeks 1 $37,793.75 E $37,793.75 LINE ITEM J ON PROPOSAL 15 *AERATION BLWR 3* 16 AB PF753 350HP NO N12 0 43 Weeks 2 $54,025.00 E $108,050.00 LINE ITEM K ON PROPOSAL 17 *AERATION BLWRS 1,2* 18 AB SPARE PARTS 0 43 Weeks 1 $3,237.50 E $3,237.50 LINE ITEM O ON PROPOSAL 19 *2 SETS OF PWR FUSES EA SIZE&TYPE 20 *5 CONTROL FUSES OF EA SIZE&TYPE 21 AB CALCULATED HARMONIC ANALYSIS 0 43 Weeks 1 $923.75 E $923.75 LINE ITEM P ON PROPOSAL 22 AB 2 YR WARRANTY-PARTS&� 0 1 E $1,000.00 LINE ITEM T1 ON PROPOSAL 23 A - 0 E $1,000.00 24 *:*:*:*:**:*:*:*:*:*:*:*:*:*::*:*:*:*:*:*:*:*:*:**:*:*:* NL 12/22/25 KW 12/22/2023 25 INVOICING SCHEDULE FOR ROCKWELL EQUIPMENT: 26 10%AT PURCHASE ORDER ACCEPTANCE 27 30%AT RELEASE TO PRODUCTION 28 60%AT READINESS TO SHIP 29 ******************************************************** PLEASE NOTE:THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS 1-0-GIATEED AT CAI CC 1111R TERMS GOM WHIGH\A/C AA Av GHAl.Ir_E FR011A T1114EM TA T1114EM WIT-14G) IT PRIOR NOTIGE WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. KW 12/22/2023 *Per E=Each,C=Hundred,M=Thousand TeFffis and Gemd`t""` KW 12/22/2023 NL 12/22/2025 1 OF 2 ATTACHMENT A Customer • OF COLUMBIA-BOISE Quote: Q1094541 Revision#: 017 LN Product Qty Avail Lead Time Qty Price Per* Ext Price 30 CANCELLATION TERMS FOR ROCKWELL EQUIPMENT: 31 10%AT PURCHASE ORDER ACCEPTANCE 32 30%AT ENGINEERING DRAWING GENERATION 33 75%RELEASE TO MANUFACTURING 34 100%COMPLETE READY FOR SHIPPING 35 **********************************x*x************x*x*x*x Merchandise: $310,087.50 Total: $310,087.50 Price will be $309,087.50 (declining #23 option) NL 12/22/25 KW 12/22/2023 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS 1-0—GATC II AT CAI CC /111R TERMS GOM \A/LJ IGH\AIC AA AV GH A41!_C COlI AA TI AAC TO TI AAC 4A/ITH01 IT PRIOR NOTIGE WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. KW 12/22/2023 *Per E=Each,C=Hundred,M=Thousand -""'__ NL 12/22/23 Type text here 2 OF 2 KW 12/22/2023 ATTACHMENT 6 Customer • OF COLUMBIA-BOISE Quote: Q1094721 Revision#: 013 8645 WESTPARK ST Contact Name:SCOTT A. HAMMONS BOISE ID 83704 Tel:(208)322-1231 Fax:(208)327-0658 Quote Date:08/30/23 Job Name: WRRF MV&PT 8 GEAR Updated On:10/11/23 Attn: Expires On:10/19/23 Ship To: CITY OF MERIDIAN Customer PO#: 3401 N TEN MILE RD Customer PO Date: MERIDIAN, ID 83646-0000 FOB:SHIPPING POINT Freight:PREPAY AND CHARGE LN Product Qty Avail Lead Time Qty Price Per* Ext Price 01 AB ROCKWELL AUTOMATION CONTENT 0 72 Weeks 1 $426,588.00 E $426,588.00 MV VFD&MCC 02 MISC THIRD PARTY CONTENT 0 76 Weeks 1 $239,621.00 E $239,621.00 PT8 GEAR 03 MISC PT8 24 MONTH WARRANTY 0 1 $4,792.42 E $4,792.42 2%OF SALES PRICE 04 MISC PT8 30 E $7,188.63 05 06 AB OP1 0 1 $37,964.00 E $37,964.00 PER ATTACHED APPENDIX C 07 ***STARTUP SERVICES FOR MV VFD AND MV MCC*** 08 09 ******************************************************** 10 ***OP2-FORMAL TRAINING PER APPENDIX F*** 11 AB MV6000-LD 0 1 $15,820.00 E $15,820.00 PFLX 6000 MV OPERATION&MAINT 12 IN PERSON TRAINING AT CUSTOMER FACILITY 13 ******************************************************** 14 AB OP3 0 1 $38,110.00 E $38,110.00 PER ATTACHED APPENDIX E 15 ***INSTALLATION ASSISTANCE,STARTUP,TESTING,AND 16 TRAINING FOR MV MAIN BREAKER*** 17 18 ******************************************************** 19 AB OP4 0 1 $12,175.00 E $12,175.00 SPARES PER ATTACHED APPENDIX B.1 20 AB DIPS 0 1 $3,842.00 E $3,842.00 SPARES PER ATTACHED APPENDIX B.2 21 AB OP6 0 1 $0.00 E $0.00 2YR PARTS ONLY WARRANTY 22 FOR MV MCC AND POWERFLEX 6000T ON LINE 1 23 ******************************************************** 24 FREIGHT NOT INCLUDED-FREIGHTTO BE PREPAID AND CHARGED 25 DELIVERY APPX 72-76 WEEKS ARO PER ATTACHED SECTION 1.12 26 PROPOSAL VALID FOR 30 DAYS 27 PAYMENT TERMS NET 30 28 ******************************************************** 29 INVOICING SCHEDULE FOR ROCKWELL EQUIPMENT: 30 10%AT PURCHASE ORDER ACCEPTANCE PLEASE NOTE:THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS 1-0—GIATEED AT CAI CC 1111R TERMS GOM WHIGH\A/C AA A34 GH A dI!_C PRO AA TIAAC TO— T1114EM WIT1I0IIT PRIOR I.IOTIGE WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. KW 12/22/2023 *Per E=Each,C=Hundred,M=Thousand TeFffis and d°t---- NL 12/22/25 1 OF 2 KW 12/22/2023 ATTACHMENT 6 Customer • OF COLUMBIA-BOISE Quote: Q1094721 Revision#: 013 LN Product Qty Avail Lead Time Qty Price Per* Ext Price 31 30%AT RELEASE TO PRDUCTION 32 60%AT READINESS TO SHIP 33 34 INVOICING FOR POINT 8 EQUIPMENT: 35 20%AT PURCHASE ORDER ACCEPTANCE 36 65%AT RELEASE TO MANUFACTURE 37 15%AT READINESS TO SHIP 38 ******************************************************** 39 CANCELLATION TERMS FOR ROCKWELL EQUIPMENT: 40 SEE ATTACHED SECTION 1.1.4 41 42 CANCELLATION TERMS FOR POINT 8 EQUIPMENT: 43 20%AFTER COMMENCEMENT OF DESIGN 44 85%AFTER ORDERS ISSUED FOR MAJOR COMPONENTS 45 100%AFTER RELEASE TO MANUFACTURING 46 Merchandise: $786,101.05 Total: $786,101.05 Price will be $778,912.42 (declining #4 option) N L 12/22/25 KW 12/22/2023 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS 1-0—GATC II AT CAI CC /111R TERMS GOM \A/LJ IGH\A/C AA AV GH AwI!_C COlI AA TI AAC TO— TI AAC\A/IT140— IT PRIOR NOT-11GE WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. KW 12/22/2023 *Per E=Each,C=Hundred,M=Thousand TeFFfls and,-.._.,:.: __ NL 12/22/25 NL 12/22/� KW 12/22/2023 ATTACHMENT C CED SALES TERMS AND CONDITIONS 1. Sales: All sales are expressly conditional on Buyer's agreement to the standard terms and conditions herein.Any of the terms and provisions of Buyer's order which are inconsistent with or in addition to the terms and conditions hereof shall not be binding on Seller and shall not be considered applicable to the sale or shipment of the merchandise referred to herein. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after Buyer's receipt hereof, acceptance of the terms and conditions hereof by Buyer shall be indicated, and, in the absence of such notification, the sale and shipment by Seller of the merchandise covered hereby shall be conclusively deemed to be subject to the terms and conditions hereof. 2. Third Party Contract Obligations: In the event that Buyer has contracted for or otherwise assumed with any other party any obligation or liability to an owner, contractor, construction manager, governmental entity, or any other person or entity responsible for the completion of any portion of any project in which Seller's goods will be used,the parties agree that Seller is not a party to such contract.Therefore, Seller does not assume any liability or obligation — including but not limited to any liability or obligation related to governmental regulations or flowdown terms— under any such contract or agreement. Absent a written agreement to the contrary, signed by an authorized representative of Seller, NL 12/22/23 KW 12/22/2023 3. Important Notice to Federal Customers or Contractors Regarding Country of Origin: It is Buyer's responsibility to advise Seller in writing whether there are any requirements regarding country of origin for the goods supplied by Seller. Upon request, Seller will provide country of origin information so that Buyer may determine compliance with any applicable governmental requirements or regulations. By purchasing goods without advising Seller of any country of origin requirements, Buyer represents that it has authority to make such purchase and has complied with all applicable procurement regulations. 4. Warranties: The goods sold by Seller are products of recognized manufacturers sold under their respective brand or trade name in accordance with their terms and conditions. Seller shall use its best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of goods that may prove defective in material, design, or workmanship. The foregoing shall constitute the exclusive remedy of Buyer and the sole obligation of Seller. Except as to title, SELLER GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE. Seller shall not, under any circumstances be liable for any special, direct, indirect, incidental, exemplary, liquidated, or consequential damages to persons or property arising out of or connected with the transactions contemplated hereby or the design, manufacture, subsequent sale or use of the goods, including, but not limited to, loss of profit or revenues, loss of use of the products, or any associated equipment, cost of capital, cost of substitute or replacement products, cost of labor associated with substitute or replacement products, facilities, service, or replacement power, down time costs, or claims of Buyer's customers for such damages. Seller's maximum cumulative liability relative to all other claims and liabilities, including 1 that with respect to direct damages and obligations under any indemnity, whether or not insured, will not exceed the cost of the goods or services giving rise to the claim of liability. Seller disclaims all liability relative to gratuitous information or services provided by, but not required of seller hereunder. if SHy@F NL 12/22/23 KW 12/22/2023 5. Product Compliance and Suitability: Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of goods for a particular purpose. Certain goods may not be available for sale in all areas. Seller does not guarantee compliance or suitability of the goods it sells with any laws,codes or regulations, nor does Seller accept responsibility for construction, installation and/or use of goods. It is Buyer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the goods are compliant. ABSENT ADVANCE WRITTEN SELLER ACKNOWLEDGEMENT NOTHING SELLER SELLS IS FOR USE IN CONNECTION WITH SAFETY-RELATED APPLICATIONS OF A NUCLEAR FACILITY OR ANY HAZARDOUS ACTIVITY WHERE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. 6. Intellectual Property Upon prompt notice by Buyer of any claim of U.S. patent, copyright, or trademark infringement with respect to any goods, Seller will use its reasonable efforts to secure for Buyer such indemnity rights as the manufacturer may customarily give with respect to such goods. This section sets forth Buyer's sole and exclusive remedy against Seller regarding the infringement by any goods of any third party intellectual property rights, including, without limitation, any patents or trademarks. 7. Export Controls and Anti-Corruption: Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters. Buyer shall also comply with applicable laws and regulations relating to anti-corruption, including, without limitation, the United States Foreign Corrupt Practices Act (15 U.S.C. §§78dd-1, et. seq.) irrespective of the place of performance and laws in Buyer's country or any country where performance of this agreementor delivery of goods will occur. 8. Prices, Delivery, Title and Risk of Loss: Delivery dates are approximate and based upon receipt of all necessary information from Buyer. Unless otherwise specified by Seller, delivery will be made and title and risk of loss or damage will pass F.O.B. NL 12/22/2 Destination to Buyer and each shipment or delivery shall be considered a separate and KW 12/22/2023 independent transaction. Unless otherwise quoted, prices for goods shall be those in effect at the time of shipment. Prices for special-order goods may be subject to change prior to shipment; Seller shall notify Buyer of any change, and Buyer may, subject to the Cancellation provisions, ask to cancel the special- order goods if the revised prices are unacceptable, in which case Buyer shall be liable for vendor-related charges due to 2 the cancellation. N L 12/22/23 9. Excusable Delays: KW 12/22/2023 Seller will notify Buyer promptly of any material delay and will specify the revised delivery as soon as practicable. Seller shall not be liable for delays in delivery or performance, or for failure to manufacture, deliver or perform as a result of acts of God, fire, acts of civil or military authority, governmental priorities, strikes or other disturbances, floods, epidemics, war, riots, delays in transportation or car shortages, or inability on account of causes beyond the reasonable control of Seller to obtain necessary materials, components, services or facilities, or any other cause beyond Seller's reasonable control. In the event of any such delay there will be no termination and the date of delivery or performance shall be extended for a period equal to the time lost by the reason of the delay. 10. Cancellation: NL 12/22/23 KW 12/22/2023 11. Returns: Merchandise is not returnable without the written consent of Seller. Requests for permission to return must be made within thirty days after receipt of shipment. Seller will assign an authorized number for approved returns which must appear on both the customer's shipping container and the related debit memo. Only current items in their original cartons standard package quantities are subject to return. All unauthorized returns will be sent back to Buyer at Buyer's expense. Return shipments must be pre-paid and shipped in accordance with the instructions set forth on the return authorization form. NL 12/22/23 12. Payments and Financial Conditions: KW 12/22/2023 0 s intended to Onelude sales tax, Of any is ehaFged) of paid by 10th of the month following , -i-se All payments will be completed net thirty days after receipt of Invoice(s). NL 12/22/23 KW 12/22/2023 0 laW, Shall 198 MaEIG eA all SUMS dH8 68!18F that haYG Ret 1988A Paid WithiA thiFty (30) daYS fFem the iAYeiGG . If Seller commences litigation or employs attorneys to collect payment of any amounts due it from Buyer, Buyer agrees to pay reasonable attorney's sums which may be due. NL 12/22/23 KW 12/22/2023 Except to the extent otherwise specified by Seller in its quotation, pro rata payments shall become due without setoff as shipments are made. If Seller consents to delay shipment after receipt of any specially ordered products, payment shall become due on the date when Seller is prepared to make shipment. In the event of any such delay, products shall be held at Buyer's risk and expense. Any order for products by Buyer shall constitute a representation that Buyer is solvent and has the ability to pay its obligations as they become due. In addition, upon Seller's request, Buyer will furnish a written representation concerhirEg its solvency.at anytime prior to shipmen 3 If Buyer's financial condition at anytime does not justify continuance of the work to be performed by Seller hereunder on the agreed terms of payment, Seller may require full or partial payment in advance. In the event of Buyer's bankruptcy or insolvency, or in the event any proceeding is brought against Buyer, voluntary or involuntary, under any bankruptcy or insolvency laws, Seller shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against the estate, and shall receive reimbursement for its proper cancellation charges. Seller's rights under this article are in addition to all rights as they are available to it at law or in equity. 13. Disclosure of Information: Any information, suggestions or ideas transmitted by Buyer to Seller in performance hereunder are not to be regarded as secret or submitted in confidence except as may be otherwise provided in writing and signed by a duly authorized representative of Seller. 14. Electronic Interchange of Data: Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in any writings are intended to authenticate the writing and to have the same force and effect as manual signatures. If Buyer and Seller mutually agree to use an electronic method or system to facilitate purchase and sale transactions, Buyer agrees that it will not contest: (i) any contract of sale resulting from such electronic means of data exchange under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of electronic records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Buyer and Seller will negotiate and agree on technical standards and methods to use in making electronic purchases, and will use reasonable security procedures to protect electronic records from improper access. In the event of a conflict,the business records maintained by Seller regarding electronic purchases made by customer shall be deemed to be conclusive. 15. Taxes: In addition to any price specified herein, Buyer shall pay the gross amount of any present or future sales, use, excise, value-added or other similar tax applicable to the price, sale, or delivery of any product or services furnished hereunder, or to their use by Seller or Buyer, or Buyer shall furnish Seller with a tax exemption certificate acceptable to the taxing authorities. 16. Claims Against Seller: In order to give Seller a reasonable opportunity for investigation, any claim by Buyer against Seller based wholly or in part upon, or any manner related to this agreement and/or merchandise sold hereunder, shall be made in writing and delivered to Seller within (30) days after the date of sale or occurrence giving rise to the claim, whichever shall be later; otherwise such claims shall be waived. Each notice of claims shall set forth fully the facts on which the claim is based. Any action based on such claim, or otherwise arising hereunder, must be commenced and prosecuted within two years after the cause of action has accrued. 17. General: Any products delivered by Seller hereunder will be produced in compliance with the Fair Labor Standards Act of 1938 as amended and applicable. Seller will comply with applicable Federal, State, and local laws and regulations as of the date of any quotation, which relate to (i) non- segregated facilities and Equal Employment Opportunity (including the seven paragraphs appearing in Section 202 of Executive Order 11246 as amended) and (ii) Worker's Compensation. Price and, if necessary, deliveFy will be equitably 4 N L 12/22-/23 KW 12/22/2023 NL 12-/2-2-/2-3 KW 12/22/2023 The delegation or assignment by Buyer of any or all of its duties or rights hereunder without Seller's prior written consent shall be void.Any representation, promise, course of dealing,or trade usage not contained or referred to herein,will not be binding on Seller. No modification, amendment, rescission,waiver or other change shall be binding on Seller unless assented to in writing by Seller's authorized representative. The validity, performance and all matters relating to the interpretation and effect of this agreement or any amendment hereto shall be governed by the Uniform Commercial Code as in effect in the state of Idaho NL 1Z/ZZ/ZOZ3in which s Buyer's place of business is located. Waiver by Seller of any default by Buyer KW 21/22/2023 2/20 hereunder shall not be deemed a waiver by Seller of any default by Buyer which may thereafter occur. 18. Paragraph Headings: Paragraph headings are inserted for convenience only and shall not be deemed to limit or affect the scope of the provisions contained therein. Rev. 06-2022 / Nate Laing 12/22/23 5 (:�'*vVE NDIAN._*� IDAHO Purchase Order 12/18/2023 24-0199 woo) Attention: Clint Dolsby CITY OF MERIDIAN Billie Attn: Finance g 33 E Broadway Ave 33 EAST BROADWAY AVE. Address: Meridian, ID 83642 MERIDIAN,ID 83642 (208) 888-4433 Shipping 33 E Broadway Ave. Vendor Address: Address: Ste. 200 Meridian, ID 83642 COLUMBIA ELECTRIC SUPPLY PO BOX 888855 LOS ANGELES, CA 90088-8855 Shipping Method: Contractor FOB: Destination Pre-Paid Description Unit Quantity Unit Price Total 24-0199 Low Voltage VFD Drive, Per CES Quote#Q1094541 Dollar 1.00 309,087.50 309,087.50 24-0199 Medium Voltage VFD Drive, Per CES Quote#Q1094721 Dollar 1.00 778,912.42 778,912.42 Purchase Order Total: $1,087,999.92 Purchasing Manager: Special Instructions Low& Medium Voltage VFD Drives for WRRF Aeration Basins Per Council Approved Executed Equpiment Purchase Contract dtd. 1/2/2024 and Executed Sole Source dtd. 3/21/2023 Not-To-Exceed $1,087,999.92 (60-3590-96101-11230.M) Ticket# 104540. PURCHASING AGENT E IDIAN-- 33 East Broadway Avenue C� Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 CITY OF MERIDIAN SOLE SOURCE FORM Date: 03/09/2023 Item or Service: Allen Bradley products / Electrical ❑ Sole Source: Item is available from only one vendor. Item is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) The City SCADA standards dictate that all Programmable Logic Controller (PLC) hardware and associated electrical components shall be Allen-Bradley products. This is also true for our current install base of PLC equipment. Every distributor for Allen Bradley equipment is assigned a specific geographic territory in which they are designated to sell Allen Bradley products. They are prohibited from selling outside that assigned territory and risk being terminated as a distributor should they "sell or attempt to sell these products outside their Territory". Columbia Electric Supply, a partner of Consolidated Electric, with their Idaho branch, is an exclusive distributor of Allen Bradley products for the Idaho Treasure Valley region. *Please see attached the attached letter from the manufacture dated December 20,2022. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy& Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval Marshal Latham Date: 3/21/2023 Requestor (Print Name) Purchasing _ G/ Approval: Department Manager Signature rchasing Manager Rockwell Automation PNW Territory Office 15375 SE 30th Place Bellevue, WA 98007 Rockwell Automation December 20, 2022 City of Merdian Attn: Marshal Latham, Scada Administrator Public Works 3401 N. Ten Mile Road Meridian, ID. 83646 Re: CES Marshal, This is to confirm that CES is currently the only distributor appointed and authorized to sell Rockwell Automation/Allen-Bradley Standard Controls, Drives, PLC/MMI, Software and service offerings in the geographic area in Meridian, ID. As a matter of Rockwell Company policy, full factory product and sales support is made available only to the local authorized distributor, and it is Rockwell Automation's practice and policy to always promote and recommend the use of that distributor to customers in that geographic area. Rockwell Automation discourages the use of other non-authorized sources, including distributors who may hold a Rockwell Automation/Allen- Bradley appointment in another locale. Should you have any questions regarding the above, please do not hesitate to contact either Brett Haworth, at 208.809.1922 or myself, Doug Jorgensen, at 971-226-4968. Very truly yours, Pot& Jo�geH�.erti Senior Channel Account Manager Rockwell Automation cc: Nate Laing, CES Division Manager • SOLE SOURCE CITY OF MERIDIAN The City of Meridian hereby publishes notice of intent to award sole source procurement. This notice is being given pursuant to Idaho Statute 67-2808. The sole source procurement is between the City of Meridian and Lone Star Blower & Compressor. The City intends to procure the following: Columbia Electric Supply, equipment, parts, accessories, software and service. It has been determined that there is only one I distributor and service provider available to provide the products and services required for the intended purpose. Additional information for the basis of the sole source declaration is available from the Procurement Manager at Meridian City Hall. Any vendor challenging this sole source procurement must file notice no later than March 27, 2023 to: City of Meridian, Procurement Division, Attention Procurement Manager; 33 East Broadway Avenue, Ste. 106, Meridian, Idaho 83642. DATED this 9th day of March, 2023 Keith Watts, Procurement Manager THE CITY of MERIDIAN, IDAHO Publish Date: March 14,2023 and March 21,2023 E IDIAN --- AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report- November 2023 City of Meridian Monthly Financial Report FY2024 November 2023 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 01 WT �r— �� rr �■ �� ■■ e I1 's ■■: �11111, Iltliullllw11 IIUIGiiiir,illllll _� 4L �z �jE IDIAN--- F:\Reporting\Monthly Reports\FY2024\FY24-2 Nov Council Report 1 of 3 Monthly Financial Report (�E IDIAN^- Fyzoza November 2023 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 5.41% IDAHO BOND 3.37% FUND CASH 0.00% FIB •FIB MoneyMarket$2,778,502 •Cash$16,990,389 MONEYMARKET 5.50%• •Idaho Bond Fund$74,624,258 •Idaho State Pool$130,163,741 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $1,600,000 $116,000,000 $1,400,000 $1,200,000 $114,000,000 $1,000,000 $112,000,000 $800,000 $110,000,000 $600,000 $10e,000,000 $00,000 $106,000,000 $200,000 $0 $104,000,000 General Enterprise $102,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY24 ■FY23 F:\Reporting\Monthly Reports\FY2024\FY24-2 Nov Council Report 2 of 3 Monthly Financial Report FY2024 E IDIAN-*,-- November 2023 IDAHO GENERAL FUND BALANCE ALLOCATIONS $120A00,000 $100A00,000 $60,000.000 $60,000.000 $40,000.000 $20,000.000 ---- ---- -- $- MM 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 - ■Nonspendable ■Restricted ■Committed ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80,000.000 $60,000,000 $40,000,000 $20,000.000 --- $- 9/30/2015 9/30/2016 9/30/2017 9/30/2016 9/30/2019 9/30/2020 9/30/2021 9/30/2022 ■Assigned ■U—..igned ■A—ged Reserves F:\Reporting\Monthly Reports\FY2024\FY24-2 Nov Council Report 3 of 3 E IDIAN --- AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Budget Amendment in the Amount of$250,000.00 for Well 29 Pump Upgrade 12/19/2023 3:21 PM City of Meridian FY2024 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN�--' 60 3490 41200 10461 Wages 60 3490 41206 10461 PT/Seasonal Wages 60 3490 41210 10461 Overtime Please only complete the fields 60 3490 41304 10461 Uniform Allowance highlighted in Orange. 60 3490 42021 10461 FICA $ Amendment Details 60 1 3490 42022 10461 PERSI $ Title: Well 29 Pump Upgrade 60 3490 42024 10461 Worker's Comp $ Department Name: Public Works 60 3490 42025 10461 Employee Insurance $ Presenting Department Name: Public Works Total Personnel Costs $ Department#: 3490 Operating Expenditures Primary Funding Source: 60 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 60 3490 10461 $ Project#: 10461 60 3490 10461 $ 60 3490 10461 $ Is this for an Emergency? ❑ Yes 0 No 60 3490 10461 $ New Level of Service? ❑ Yes 0 No 60 3490 10461 $ 60 3490 10461 $ Clerks Office Stamp 60 3490 10461 $ 60 3490 10461 $ 60 3490 10461 $ 60 3490 10461 $ 60 3490 10461 $ 60 3490 10461 $ 60 3490 10461 $ Date of Council Approval 1-2-2024 Total Operating Expenditures $ - $ $ Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 60 3490 96129 1 10461 Well 29 $ 260,000 /f n^ AL 12/19/23 60 3490 10461 / f`�1 60 3490 10461 Department Director 60 3490 10461 REVIEWED jfields 12.19.23 60 3490 10461 By Todd Lavoie at 4:13 pm,Dec 19,2023 60 3490 10461 Chief Financial Officer Total Capital Outlay $ 250,000 Revenue/Donations Approved Joe Borton via email 12.20.23 Fund# Dept.# G/L# Proj.# G/L#Description Total Couricil'liaison 60 3490 10461 i 60 3490 10461 1 12-20-23 60 3490 10461 Mayor Total Revenue/Donations $ Total Amendment Request $ 250,000 City of Meridian FY2024 Budget Amendment Form C:\Users\lmcvey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\J7JO3823\Well 29 Pump Upgrade Amendment Form 12/19/2023 3:21 PM City of Meridian FY2024 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Public Works Funding 2024 2025 2026 2027 2028 Title: Well 29 Pump Upgrade Personnel $ $ $ $ $ Instructions for Submitting Budget Amendments: Operating $ $ $ $ $ ➢Department will send Amendment with Directors signature to Finance(Budget Manager)for review Capital $ 250,000 > Finance will send Amendment to Council Liaison for signature Total $ - $ 250,000 $ $ $ $ >Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 250,000 > Mayor will send signed Amendment to Finance(Budget Manager) Evaluation Questions ➢Finance(Budget Manager)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. >Department will add copy ofAmendment to Council Agenda using Municode Agenda Manager 1. Describe what is being requested? Advancement of the Well 29 Pump Upgrade project(currently scheduled in FY 2026)to FY 2024 so Public Works can complete the upgrade as soon as practical to meet the demand for water in pressure zone 1. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Well 34(proposed for supplying water to pressure zone 1)was approved during the FY24 budget process. There are significant delays to the Well 34 project pushing completion out to FY26. Current high water demands in pressure zone 1 caused Engineering to seek an alternative water source. With some upgrades,Well 29 can provide the additional water required. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? Due to a wait time of several months to receive the needed equipment for the project,it was determined to procure the funding now so that the equipment will be received in 1 time to complete the project by fall/winter of CY2024(FY25). 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Enterprise Fund 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes. Focus areas of Responsible Growth and Public Health and Safety. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes. Procurement for contracts. 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) No 9.Anv additional comments? Total Amendment Request $ 250,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2024 Budget Amendment Form C:\Users\lmcvey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\J7JO3823\Well 29 Pump Upgrade Amendment Form 1.1a.or Rovert E Simson C�wERIDIAN. City Council Member Joe Borton John 0.erton D A H O Liz Strader Jessica a Perreau Public Works Brad Hoaglun Luo a Ca.ener Department TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek Assistant City Engineer DATE: 11/7/2023 SUBJECT: BUDGET AMENDMENT IN THE AMOUNT OF $250,000 FOR WELL 29 PUMP UPGRADE REQUESTED COUNCIL DATE: TBD I. RECOMMENDED ACTION A. Move to: 1. Approve the Well 29 Pump Upgrade Budget Amendment for $250,000. 2. Authorize the Mayor to sign the amendment II. DEPARTMENT CONTACT PERSONS Kyle Radek—Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey,Director of Public Works 208-489-0365 III. DESCRIPTION A. Back rg ound Well 29 was completed in 2018 and is the first well to supply pressure zone 1. The well was fitted with a relatively small pump to serve the newly created pressure zone in northwest Meridian. The pump was planned for upgrade in coordination with the development of the second supply well for pressure zone 1 (Well 34) and the water demand growth of that zone. Page 1 of 2 Well 29 Pump 34 AmendmentFY24 Budget Upgrade Zone 1 AccelerateDelayed 20282027202620252024202320222021202020192018 Request capacity in Zone 1 to meet max day demand until mid 2030sCompleted Well 34 & Upgraded Well 29 is expected to give us •Gains capacity more quickly than building new well•Reduces dependency on Zone 2 to supply peak demands•Reduces inefficiency & saves energy (pumping from Zone 2)•Benefits:•Move $250K forward to FY24 (budget amendment)•$250K in CFP in FY26•Well 29 Pump Upgrade- 20172023 B. Reason for Amendment Well 34 and its associated pumping facility was planned for completion and service to pressure zone 1 in FY 24. The test well phase of the project is behind schedule and delaying the project. Supply capacity from the new well will not be available until at least 2026. However, demand in pressure zone 1 has continued to grow. We desire to advance the Well 29 Pump Upgrade project (currently scheduled in FY 2026) to FY 2024 so we can complete the upgrade as soon as practical to meet demand in pressure zone 1. Currently, high demands in pressure zone 1 are being met by moving water from pressure zone 2, which is inefficient and puts additional stress on zone 2 supply wells. IV. IMPACT A. Strategic Impact: This request aligns with the strategic focus areas of Responsible Growth and Public Health and Safety. C. Fiscal Impact: Project Costs: Fiscal Year 2024 Well 29 60-3490-96129 $250,000 Total Cost $250,000 V. ALTERNATIVES Public Works could proceed with the Well 29 Pump Upgrade as scheduled in the Comprehensive Financial Plan. On this schedule,additional capacity to meet demand in pressure zone 1 would not be available until at least 2026, but may be as late as 2027. VI. TIME CONSTRAINTS Funding in winter of 2023 / 2024 will allow Public Works to design the project and procure equipment for installation in fall /winter of 2024. Approved for Council Agenda: Page 2 of 2 E IDIAN --- AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2042: An Ordinance (Alexanders Landing Subdivision — H- 2022-0084) annexing the northwest quarter of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A;" rezoning 7.03 acres of such real property from RUT (Rural Urban Transition) to R-8 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-000207 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 01/03/2024 08:12 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2042 BORTON, CAVENER, HOAGLUN, BY THE CITY COUNCIL: OVERTON, PERREAULT, STRADER AN ORDINANCE (ALEXANDERS LANDING SUBDIVISION — H-2022-0084) ANNEXING THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,ADA COUNTY, IDAHO,MORE PARTICULARLY DESCRIBED IN EXHIBIT"A;"REZONING 7.03 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO R-8 (MEDIUM-DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER,AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Quarter Horse Lane, LLC to annex and rezone the land described in the legal description attached hereto as Exhibit "A" and the map attached hereto as Exhibit "B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS, the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 7.03 acres of the Subject Property from RUT (Rural Urban Transition) to the R-8 (Medium-Density Residential) Zoning District. ANNEXATION ORDINANCE—ALEXANDERS LANDING SUBDIVISION H-2022-0084 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2na day of January, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2na day of January, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 2nd day of January ,2024,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—ALEXANDERS LANDING SUBDIVISION H-2022-0084 Page 2 EXHIBIT B • 1/4 W. Pine Ave. S.9 S.10 �T 1 V Scale: 1"=120' I 0 30 60 120 240 . I <V Line Table O C N4 Line Bearing Length , O < L1 N00'38'55"E 130.01' 729 � 'P�c• OF i Unplatted Real Point of Beginning S89'21'54"E S89'21'54"E 534.21' 250.10' N O lo � I N N v m c� U 00 Lo v n U Im I M Z I. O m 0 j I p `v f7.03 Acres O M I CN 1, I o I Z L I 00 I M p I � S88'26'12"E 264.79' J Co N88'26'12"W 784.41' rq Union Pacific Railroad n S.9 -I S.10 S.16 S.15 W. Franklin Rd. P:\Alexanders Landing 21-553\dwg\re4sed Annex Ex.dwg 3/14/2023 12:16:09 PM Job No. IDAHO Annexation Exhibit 21-553 SURVEY 9955 W, EMERALD6T. Sheet No. 9 ICIAHO83704 R-8 Zone (208)846-8570 1 GROUP, LLC Located in the NW1/4 of the SW1/4 of Section 10, Dwg. Date T.3N., RAW., B.M., Ada County, Idaho. 3/14/2023 EXHIBIT A Revised Annexation Description for R-8 Zone March 14, 2023 A parcel located in the Northwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the 1/4 corner common to Sections 9 and 10, T.3N., R.1 W., B.M., from which the Section corner common to Sections 9, 10, 15, and 16, T.3N., R.1 W., B.M., bears South 0°38'55"West, 2653.02 feet thence on the west boundary line of said Section 10, South 00°38'55"West, 422.02 feet; thence leaving said west boundary line, South 89021'54" East, 250.10 feet to the REAL POINT OF BEGINNING; thence continuing South 89021'54" East, 534.21 feet; thence on a line parallel with the west boundary line of said Section 10, South 00038'55"West, 522.03 feet to the centerline of the Union Pacific Railroad; thence on said centerline, North 88026'12" West, 784.41 feet to the west boundary line of said Section 10; thence on said west boundary line, North 00038'55" East, 130.01 feet; thence leaving said west boundary line, South 88026'12" East, 264.79 feet; thence North 01 032'22"West, 383.87 feet to the REAL POINT OF BEGINNING. Containing 7.03 acres, more or less. End of Description. 7729 3loyl',;- OF VD G.c CERTIFICATION OF SUMMARY . William L. M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . (04 William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2042 An Ordinance (Alexanders Landing Subdivision — H-2022-0084) annexing the northwest quarter of the southwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A;" rezoning 7 . 03 acres of such real property from RUT (Rural Urban Transition) to R4 (Medium-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. i [Publication to include map as set forth in Exhibit B .] ANNEXATION ORDINANCE — ALEXANDERS LANDING SUBDIVISION 11-2022-0084 Page 4 I fzz CL Id 1 h : i UL If 1 711 t 5 ^ a y F 4 ../ . r oa Iy ! IL :t Y y M WWAN& dommommook fe — �a -- // ' ' i ' JOE BORTON ' ' Es SlMlFr / WD HOAGLUN MNOef -fF or +' �rALNow I � i �/ //f// f � S ML ., . . Ysof� fti _ At. r _ toI 4 f f it U77 a Aj r. 4 " IF IF PI to s JA eYL or r It I 00 too 11,I _ \ Oro A H 0 IF of I to � . . . ... - . .., s LUKE CAVENER . .._. _ . .. rr r nfe Honorable - ....r .,..,.0 ,... .:+...nx.., ._, - . /estira Ptrreawlt 11 dedit AM Air ,Aj w ear n,mo,Imen ^to �n mare y 204 0 2W, City CAI Iof B 411 ClIMMIAIM Ad to 1 �� ' - f FT IVr ii cc i I � f�I• j T r}/ > f - � u YM,44 14 Olt UAW C E IDIAN 77ze Honorable Brad Hoaglan , _ \ TILVIF IW GII )UYf sanl.Y aml _ JNy-nuon ro We nnans of AlmSlan _ I ant your n�mwuMm m Jk �vounny 0.0 - 2024 Ciry CWail - _.. - � •pdg - bH Ory CWMII ' _ 1 i t w e �� e: ttt I/ � /�//