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2024-04-23 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 23, 2024 at 6:00 PM Minutes PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion approve made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener 1. Approve Minutes of the April 9, 2024 City Council Work Session. 2. Approve Minutes of the April 9, 2024 City Council Regular Meeting. 3. Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0035) 4. Final Plat for Foxcroft Subdivision No. 3 (FP-2023-0032), by Kent Brown Planning Services, located at 3720 W. Pine Ave. (Phase 3) 5. Final Plat for Hadler Subdivision No. 1 (FP-2024-0002) by Ben Thomas, Civil Innovations, PLLC., located at 7200 S. Locust Grove Rd. 6. Findings of Fact, Conclusions of Law for Keep West Subdivision No. 2 (H-2023- 0047) by Jarron Langston, located at 2625 E. Lake Hazel Rd. and 6519 S. Raap Ranch Ln. 7. Approval of Construction Contract to Treasure Valley Drilling, LLC for Construction of Production Well #34 project for the Not-To-Exceed amount of $977,670.00 8. Landscape Maintenance Services Amendment No.9 to Lawn Co. for Landscape Maintenance Services for Fiscal Year 2024 services for the Not-to-Exceed amount of $259,200.00 9. License Agreement between Nampa Meridian Irrigation District and the City of Meridian for multi-use pathway along the Tenmile Sub Drain at Foxcroft Subdivision 10. Equipment agreement to ECB Solutions, LLC for the Not-to-Exceed amount of $445,000.00 for five (5) Power Transformers at Wastewater Resource Recovery Facility 11. Resolution No. 24-2448: A resolution vacating the five foot (5’) public utilities, pressurized irrigation, and drainage easement located along the interior side lot line of Lots 11 and 12, Block 7 of The Oaks North No. 1 Subdivision, being more particularly described in Exhibit “A”; and providing an effective date. 12. Resolution No. 24-2449: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President’s Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics PROCLAMATIONS \[Action Item\] 13. Idaho Gives Week Proclamation 14. Denim Day for Sexual Assault Awareness Month Proclamation ACTION ITEMS 15. Public Hearing to Consider the Purchase of Approximately 11.365 Acres of Real Property Owned by West Ada School District and Described as Lot 11, Block 25 of Cedar Springs Subdivision No. 3 for the Purchase Price of $4,261,875.00 16. Fiscal Year 2024 Budget Amendment in the Amount of $4,272,130.00 for the Purchase of Property Described as Lot 11, Block 25 of Cedar Springs Subdivision No. 3 (N. Venable Ln.) Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener 17. Resolution No. 24-2446: A Resolution Approving that Certain Purchase and Sale Agreement Between the City of Meridian and Joint School District No. 2 dba West Ada School District Concerning the City's Acquisition of Lot 11, Block 25 of Cedar Springs Subdivision No. 3; Authorizing the Mayor to Execute Said Purchase and Sale Agreement, Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of Lot 11, Block 25 of Cedar Springs Subdivision No. 3; and Providing an Effective Date Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener 18. Public Hearing for Shamrock Foods Easement Vacation (H-2024-0003) by Kristen McNeill, Givens Pursley, LLP., located at 1495 N. Hickory Ave. Approved Application Materials: https://bit.ly/H-2024-0003 A. Request: Vacation to vacate the ten-foot (10') irrigation easement along the west side of the property boundary of Lots 4 and 5, Block 2 of the Treasure Valley Business Center - Phase 1 Subdivision. Motion to approve made by Councilman Cavener, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener 19. Public Hearing for Taylor Annexation (H-2023-0062) by Robert Taylor, located at 3840 E. Overland Rd. Approved Application Materials: https://bit.ly/H-2023-0062 A. Request: Annexation of 1.01 acres of land with an R-2 (Low-Density Residential) zoning district for the purpose of connecting to City utilities. Motion to approve made by Councilman Cavener, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:36 PM Meridian City Council April 23, 2024. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 23, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Anne Little Roberts and Doug Taylor. Members Absent: Liz Strader. ROLL-CALL ATTENDANCE Liz Strader (Vacant) _X_Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is April 23, 2024, at 6:00 p.m. We will begin today's Meridian City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next if you would, please, all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Overton: Mr. Mayor? Simison: Councilman Overton. Overton: If I could I would like to take a short bit of time to recognize the events of this past week. Simison: You are recognized. Overton: Most people don't realize of the loss of an Ada county deputy. Strong roots in our community. The deputy worked for our agency for a year and a half and just recently gone over to Ada county and for those in the room that don't know, it's been over 27 years since our department had to attend several weeks funerals. More of them are close to our city. The second deputy that was seriously injured in a car crash also came from our city and she worked for us for three and a half years. What that and what I'm telling you is although this is a terrific and tremendous tragic event for Ada county, it has hit our department very very hard. I have talked to several officers over the past few days and it's -- it's a feeling I have a hard time putting words to. It's truly like losing a member of your family. The police funeral that's coming up next week, as any first responder funeral, is one of the hardest things you can ever go to. It tears at Meridian City Council April 23,2024 Page 2 of 14 the very fabric of who we are. With the City of Meridian we want to make sure we recognize how this occurred. What a senseless act of cowardice and violence it was against a great officer, a young man in his prime. We need to make sure that we understand that and support our officers, our firefighters, all of our first responders and that they know it's not just us having our thoughts and prayers, because sometimes those words just feel inadequate for the moment, but it's not just our thoughts and prayers, it's our full support for what they do and understanding that sometimes we forget about the honor, respect, the service and the sacrifice they bring to the job 24 hours a day, seven days a week, to protect our community. For the City of Meridian we want to recognize what Ada county is going through and what Meridian Police Department and the City of Meridian is going through. We understand that it's a tragedy and we wish the best for the families, Deputy Tobin Bolter and Deputy Dallas Denney as she recovers during this very tough time. Please join me in a short moment of silence. Thank you. COMMUNITY INVOCATION Simison: Thank you, Councilman Overton. We appreciate your words and comments on behalf of the elected officials, but also to go to our employees at the city as well. So, with that we will move on to our community invocation. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. And, Pastor Drake, we appreciate you being here and we know that you were informed about this, so I'm sure your comments will help us all tonight. Drake: Mr. Mayor, Councilman Overton. Lord God in Heaven, I was just reminded that the Apostle Peter said to cast our cares upon you, because you care for us and it's something that we can certainly do right now. Certainly on behalf of the -- all of the officers that have been affected and -- and our fallen friends, family and close friends and, God, our heart just pours out to them and so we just ask, God, that you would comfort them like nobody else can. Give them peace and help us to remember the sacrifice that's been made and -- and, God, I just also lift up all of the other first responders and ask for protection for them. Lord, they rush into harm's way for us all the time and we -- and we desperately need that and appreciate it, but I just pray, God, that you would keep them safe tonight and every night, so that they can -- we can avoid another tragedy like this in the future and we do just pray for peace in our city, God, that those who would seek to cause harm that, God, I know that you -- you allow people to choose their way, but I just pray, God, that you would influence folks in our community to not cause damage to other individuals and -- and that they would get help as they need it and people would intervene and so we just -- we just pray, God, we do just cast our cares on you, a big care of ours, and that you would help us and -- and, lastly, but not least, God, I just pray for the Council meeting tonight, the -- the wisdom of our Mayor and the Council Members, God, that you would bless them and give them an extra measure of grace as they seek to make decisions for our city and do the best for us and so we just ask that you would bless them like nobody else can, God, and do what no man can do and so we just appreciate you so much and it's in your name we pray, amen. Thank you. Meridian City Council April 23,2024 Page 3 of 14 ADOPTION OF AGENDA Simison: Thank you. With that next item up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adopt the agenda as presented. Overton: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 9, 2024 City Council Work Session. 2. Approve Minutes of the April 9, 2024 City Council Regular Meeting. 3. Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0035) 4. Final Plat for Foxcroft Subdivision No. 3 (FP-2023-0032), by Kent Brown Planning Services, located at 3720 W. Pine Ave. (Phase 3) 5. Final Plat for Hadler Subdivision No. 1 (FP-2024-0002) by Ben Thomas, Civil Innovations, PLLC., located at 7200 S. Locust Grove Rd. 6. Findings of Fact, Conclusions of Law for Keep West Subdivision No. 2 (H-2023-0047) by Jarron Langston, located at 2625 E. Lake Hazel Rd. and 6519 S. Raap Ranch Ln. 7. Approval of Construction Contract to Treasure Valley Drilling, LLC for Construction of Production Well #34 project for the Not-To- Exceed amount of$977,670.00 8. Landscape Maintenance Services Amendment No.9 to Lawn Co. for Landscape Maintenance Services for Fiscal Year 2024 services for the Not-to-Exceed amount of $259,200.00 Meridian City Council April 23,2024 Page 4 of 14 9. License Agreement between Nampa Meridian Irrigation District and the City of Meridian for multi-use pathway along the Tenmile Sub Drain at Foxcroft Subdivision 10. Equipment agreement to ECB Solutions, LLC for the Not-to-Exceed amount of $445,000.00 for five (5) Power Transformers at Wastewater Resource Recovery Facility 11. Resolution No. 24-2448: A resolution vacating the five foot (5') public utilities, pressurized irrigation, and drainage easement located along the interior side lot line of Lots 11 and 12, Block 7 of The Oaks North No. 1 Subdivision, being more particularly described in Exhibit "A"; and providing an effective date. 12. Resolution No. 24-2449: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve the Consent Agenda as presented. For the Mayor to sign and the Clerk to attest. Overton: Second. Simison: 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: FOUR AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items removed from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: So. Madam Clerk, anyone signed up under public forum? Lomeli: Mr. Chair, no one has signed up. Meridian City Council April 23,2024 Page 5 of 14 PROCLAMATIONS [Action Item] 13. Idaho Gives Week Proclamation Simison: Okay. Then with that we will move on to our -- our two proclamations this evening. First one is Idaho Gives Week Proclamation. If I could have Kevin and anybody else from his team join me at the podium, please. Idaho Gives Week is coming up right around the corner. I know I have been asked to do a couple things that I have been really fortunate to do and we are happy to have a proclamation this evening to help support the efforts of the needs here in Idaho and so I will go into the presentation and turn it over to you for some words regarding that. Whereas nonprofit organizations help build and sustain healthy communities in our state and enhance the quality of life for Idahoans and for others throughout the country and the world and whereas over 7,000 charitable nonprofit organizations based in Idaho contributed significantly to the economy by providing services to our communities, employing over 67,000 Idahoans and providing total revenue of over 8.5 billion. Whereas nonprofit organizations often fulfill their missions by advocating on behalf of those who cannot advocate for themselves and whereas Idaho nonprofit leaders often are entrepreneurs, create new solutions to problems and fill previously unmet needs in the areas of health, recreation, education, research, arts, social services and more and whereas Idaho Gives Week serves as a time for Idahoans to join together with one voice on one day to contribute to and amplify the efforts of Idaho nonprofits. Therefore, I, Mayor Robert E. Simison, do hereby proclaim April 29th through May 2nd, 2024, as Idaho Gives Week in the City of Meridian and encourage all citizens and residents to continue to recognize and support the many nonprofit organizations that help in our community, dated this 23rd day of April 2024. Kevin, thank you. Bailey: Yeah. Thank you very much. Idaho Gives Week -- this is the 12th year of Idaho Gives and collectively over those 12 -- last 11 years we have raised $23.6 million for nonprofits across the state. So, we will cross that 25 million dollar mark this year. In our office we like to say Idaho runs on nonprofits. So, our communities, the services, the things that make our communities great places to live is largely because of nonprofits and nonprofits like the WCA, which is here at this meeting, to nonprofits that deliver meals to the hungry, to the arts and culture, to the conservation and access to our great outdoors and the trails. So, it's a great celebration of nonprofits next week and we encourage folks to get out and support those causes they care about. So, thank you so much to the City of Meridian and thank you, Mayor. 14. Denim Day for Sexual Assault Awareness Month Proclamation Simison: And as Kevin mentioned we do have one of those great nonprofits coming up next, so, Beatrice, if you and your team would like to come up and join. This is becoming one of our annual proclamations that we really enjoy doing. I know a lot of the city employees also love to participate in this upcoming day to recognize everything regarding -- regarding sexual assault in our community, even though it's an unfortunate topic, but one that we need to bring attention to. So, we are going to do a publication Meridian City Council April 23,2024 Page 6 of 14 and turn it over to you. Whereas the United States government has declared April as Sexual Assault Awareness Month and the Women and Children's Alliance has declared April 24th, 2024, as Denim Day and whereas both events are intended to draw attention to the fact that rape and sexual assault remains a serious issue in our society and whereas Sexual Assault Awareness Month and Denim Day were also instituted to call attention to misconceptions and misinformation about rape and sexual assault and the problem that many in society remain disturbingly uninformed with respect to issues of assault and forcible rape and whereas with proper education on the matter there is compelling evidence that we can successfully reduce incidents of this alarming and psychologically damaging crime and whereas the City of Meridian is an important partner in the Women and Children's Alliance efforts to educate our community about the true impact of rape and sexual assault, therefore, I'm, Mayor Robert E. Simison, do hereby proclaim April 24th, 2024, as Denim Day for Sexual Assault Awareness Month in the City of Meridian encourage all citizens to speak out against sexual assault and support local efforts to help provide help and healing to victims of these crimes, dated this 23rd day of April 2024. Black: So, thank you so much, Mayor Simison, and we are so grateful for this opportunity to have this proclaimed as Denim Day and to have the engagement and involvement of so many of our community members wearing jeans. I also want to give our condolences and extend that to all of those in law enforcement, all our first responders. I think that two of the most difficult calls that are ever done our traffic stops and domestic violence and assault calls and so we are so incredibly grateful for the work that you all do every day. Wearing jeans can be really fun, especially if you typically have to wear a dress suit or a uniform. So, we find that it gets really good reception in schools and in law enforcement and other areas. I know our nurses in hospitals enjoy it as well and so it -- it's just a really good way to encourage and invite conversation about how come you get to wear jeans today. Why are you wearing jeans. The whole impetus is to try and encourage the conversation about how victim blaming can be so damaging and for those that don't know the reason for the jeans is that a sexual assault conviction got overturned because the Supreme Court of Italy decided that the young woman's jeans were so tight that she had to have help to take them off. Therefore, making the attack consensual and the Italian women in parliament were so outraged that they wore jeans. So, that was really the impetus for the start of why jeans and also why the highlight is on raising the awareness of how dangerous victim blaming can be. So, we encourage you to wear jeans. We encourage you to invite the conversation. You don't have to have the answers. You can send people to our website. You can send people to our hotline and we are so honored to be able to serve all those who come to us thanks to the generosity of our community and one of the ways is through Idaho Gives. So, this is a great partnership that just sort of serendipitously happened tonight. So, thank you, Mayor, and thank you, Council Members, for the support and all the years of helping us as we do this work. ACTION ITEMS Meridian City Council April 23,2024 Page 7 of 14 15. Public Hearing to Consider the Purchase of Approximately 11.365 Acres of Real Property Owned by West Ada School District and Described as Lot 11, Block 25 of Cedar Springs Subdivision No. 3 for the Purchase Price of $4,261,875.00 Simison: With that, Council, we will move on to our Action Items for this evening. First item up is Item 15, which is a public hearing to consider the purchase of approximately 11.63 -- 11.365 acres of real property owned by West Ada School District. We will open this public hearing with comments from Mr. Siddoway. Siddoway: Thank you, Mayor, Members of Council. If you can bring up my brief PowerPoint. Thank you. Okay. Thank you. I just want to start off by saying I am incredibly pleased to be before you tonight. We are about to talk about -- many of you know that this has been many years in the making, searching for the right site for our future community center. So, tonight we are -- is the culmination of many years of searching and looking at alternate locations and we think we found the right site that is a true win-win for both us and the school district. The site is -- as was mentioned is 11.365 acres. It's immediately adjacent to Settlers Park on the west side. The purpose of the purchase would be for a variety of parks and recreation purposes, including parking, but the primary use is for this future community center that we have been looking for a home for -- to build on. This land is currently owned by the school district and it was originally acquired for them for an elementary school, but it is no longer needed for an elementary school in that location, although they do have needs for elementary schools elsewhere in our growing community. So, the win for them is that by us purchasing this property from them, not only does it give us a home for the community center that works well for us, it also gives them the ability to, then, reinvest those dollars in purchasing a property that they need for another school site elsewhere. I did watch the school district hearing last night and the purchase-sale agreement was unanimous -- unanimously approved by their board and I believe that this is a true win- win for both of us. So, there are three consecutive items on your agenda tonight and will just briefly touch on each one. The first is the public hearing, which was just opened, for the property. The purchase price to be specific is 4,261,875 dollars, which amounts to 375,000 dollars per acre. It is a legal lot, Lot 11, Block 25, of Cedar Springs Sub No. 3 and so that's number one. Is it okay if I address these other two items, Mayor, or -- Simison: Go ahead. Siddoway: So, the next item on your agenda will be the budget amendment of 4,272,130. The only reason that doesn't match is that includes the ten thousand dollars and change of closing costs that come with that and, then, the final agenda item is the Resolution No. 24-2446, which would, then, approve the purchase and sale agreement and authorize the Mayor to execute the closing documents. I do want to just quickly acknowledge -- we do have Kurt Starman here from the legal department. He has been attached to my hip through this whole thing. He is here tonight in case there are any legal questions about that. I also want to specifically acknowledge Jonathan Gillen and Meridian City Council April 23,2024 Page 8 of 14 Dr. Bub, who have been working with the school district for getting us here tonight. With that I will stand for any questions. Simison: Thank you, Steve. Council, any questions? Overton: Mr. Mayor. Simison: Councilman Overton. Overton: Steve, I'm so glad to see it finally come down to this. For all the locations we looked for, with a growing city, with so little land still available that meets the needs of what we needed as a city and for a long time we thought this wasn't going to work. Our first time when we talked to the school district -- I think even our second time when we talked to the school district they were not at the point of being prepared to part with this piece of land. I'm glad that we kept asking. It does look like the perfect location in the city and I'm pretty happy that this day has come that we can move forward on this parcel and see the dreams of that community center come here. Thank you. Siddoway: Mayor, Council Members, and one of the reasons it works so well for us for our community center is that it is one that it's not isolated. It's attached to a wonderful park. So, for activities at the community center that have an indoor-outdoor-type function, whether it's a summer camp or something like that, it has the ability to do whatever activities are indoors and, then, move right into a park that it's connected to. So, love that possibility. Thank you. Simison: Council, any additional questions for staff at this time? Okay. Thank you, Madam Clerk, do we have anybody signed up to provide testimony on this item? Lomeli: Thank you, Mr. Mayor. No one has signed up. Simison: Is there anybody present that would like to provide testimony on this item or anybody online who would like to provide testimony? I see no one coming forward or -- two staff online raising their hands. Have a motion to close the public hearing. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I would move that we close the public hearing on considering the purchase of approximately 11 .365 acres of real property owned by West Ada School District. Cavener: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. Meridian City Council April 23,2024 Page 9 of 14 MOTION CARRIED: FOUR AYES. ONE ABSENT. 16. Fiscal Year 2024 Budget Amendment in the Amount of $4,272,130.00 for the Purchase of Property Described as Lot 11, Block 25 of Cedar Springs Subdivision No. 3 (N. Venable Ln.) Simison: Next item up is Item 16, which is the fiscal year 2024 budget amendment in the amount of 4,272,130 dollars. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve the fiscal year 2024 budget amendment in the amount of 4,272,230 dollars for the purchase of property described as Lot 11 , Block 25, of Cedar Springs Subdivision No. 3, North Venable Lane. Cavener: Second. Simison: Have a motion and a second to approve Item 16 as so thoroughly described. Is there discussion on the motion? If not, clerk will call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. ONE ABSENT. 17. Resolution No. 24-2446: A Resolution Approving that Certain Purchase and Sale Agreement Between the City of Meridian and Joint School District No. 2 dba West Ada School District Concerning the City's Acquisition of Lot 11, Block 25 of Cedar Springs Subdivision No. 3; Authorizing the Mayor to Execute Said Purchase and Sale Agreement, Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of Lot 11, Block 25 of Cedar Springs Subdivision No. 3; and Providing an Effective Date Simison: Next item up is Resolution No. 24-2446. Do we need to ask the clerk to read this resolution, Mr. Nary? Okay. All right. Then do I have a motion? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Be briefer this time. I move that we approve Resolution No. 24-2446. Meridian City Council April 23,2024 Page 10 of 14 Cavener: Second. Simison: Have a motion and a second to approve Resolution No. 24-2446. Is there any discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Real quick before we vote. I think there is a couple of big appreciations that are in order and certainly I think our Parks director and our Park staff for working so diligently on this project. But I also think it's equally important that we thank the school district again for their great partnership, not just with the purchase of this project, but for 15 years West Ada has lent us that dirt for auxiliary parking for Meridian Youth Baseball and other activities. That didn't happen by accident. That's both really two separate taxing agencies really representing our community and trying to do what's best for Meridian and so I just think it's important we also thank West Ada for their past partnership and for -- hopefully for future partnerships yet to come. Simison: Excellent. Council, any additional questions or comments? If not clerk will call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much, Mr. Siddoway, Kurt, for all your work. Appreciate it very much and look forward to next steps. MOTION CARRIED: FOUR AYES. ONE ABSENT. 18. Public Hearing for Shamrock Foods Easement Vacation (H-2024- 0003) by Kristen McNeill, Givens Pursley, LLP., located at 1495 N. Hickory Ave. A. Request: Vacation to vacate the ten-foot (10') irrigation easement along the west side of the property boundary of Lots 4 and 5, Block 2 of the Treasure Valley Business Center - Phase 1 Subdivision. Simison: With that we will move on to Item 18, which is a public hearing for Shamrock Foods Easement Vacation, H-2024-0003. We will open this public hearing with staff comments. Ritter: Good evening -- good evening, Mayor and Council. Linda Ritter, associate planner. So, tonight we are here for an easement vacation, H-2024-0003. The site consists of 15.16 acres of land and it's zoned I-L and it's located at 1495 North Hickory Avenue and the request is to vacate ten feet -- a ten foot irrigation easement located Meridian City Council April 23,2024 Page 11 of 14 along the west side of the property boundary of Lots 4 and 5, Blocks 2 -- Block 2, of the Treasure Valley Business Center Phase One Subdivision. The property went through a boundary line adjustment PBA-2023-0010 to consolidate Lots 4 and 5, Block 2, of Treasure Valley Business Center Phase One Subdivision and Lot 1 of the Pleasant Valley Subdivision to the west. The consolidation of the lots created the need for the irrigation easement to be relocated from its current location to construct the proposed addition. The easement will be relocated to the west side of the consolidated properties. No other utilities exist in this easement and so staff is asking the Council to approve the proposed easement vacation and at this time I would welcome any questions from Council. Simison: Thank you, Linda. Council, any questions for staff? Is the applicant here? Good evening. Strollo: Good evening. My name is Danielle Strollo. My address for the record is 601 West Bannock Street and I'm mostly here to introduce myself and say if you have any questions I'm happy to entertain them, but we ask that you approve the vacation this evening. Thank you. Simison: Thank you. Council, any questions for the applicant? Perfect. Madam Clerk, anyone signed up on this item? Lomeli: Mr. Mayor, no one has signed up. Simison: Okay. Is there anybody present who would like to provide testimony on this item? Or online? Seeing no one coming forward or using the raise your hand feature -- does the applicant have any final comments or do you waive final comments? Comments are waived. Okay. Council, what's your direction and desire? Councilman Cavener. Cavener: I move we close the public hearing on Item 18, easement vacation, H-2024- 0003. Little Roberts: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye? Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. ONE ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council April 23,2024 Page 12 of 14 Cavener: Pretty simple request. No reason to slow this down. So, I move that we approve the Shamrock Foods Easement Vacation, application H-20243-0003 as presented and include all staff and the limited applicant testimony. Little Roberts: Second. Simison: Have a motion and a second to approve Item 18. Is there any discussion? If not, clerk will call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: FOUR AYES. ONE ABSENT. 19. Public Hearing for Taylor Annexation (H-2023-0062) by Robert Taylor, located at 3840 E. Overland Rd. A. Request: Annexation of 1.01 acres of land with an R-2 (Low- Density Residential) zoning district for the purpose of connecting to City utilities. Simison: Next item up is Item 19, which is a public hearing for Taylor Annexation, H- 2023-0062. We will open this public hearing with staff comments. Hersh: Good evening, Mayor, Members of the Council. The applicant has submitted an application for annexation and zoning. The site consists of 1 .01 acres of land currently zoned R1 in Ada county, located at 340 East Overland Road. History on the property is none. The Comprehensive FLUM designation is mixed use regional. The applicant proposes to annex a 1 .01 acre parcel, including the adjacent right of way to the section line of East Overland Road with an R-2 zoning district. A legal description and exhibit map for the annexation area is included with the application. This property is within the city's area of impact boundary. The reason for the annexation is the water table for the existing well on the single family residential property failed late last year and the applicant had to hook up to city water and sewer service. No new development or redevelopment of the property is proposed at this time and this use will remain residential for the foreseeable future. The applicant entered into an agreement with the city for extension of domestic water and sewer service outside Meridian city limits for the subject property. This agreement allowed the property to hook up to city water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the city as proposed with this application. So, this application is, essentially, a formality. The customer's already connected to city services. And due to the presence of an existing home on this property with the intention to maintain its residential use, an R-2 zoning district requested as a placeholder zoning district until the property redeveloped in the future. Opting for a zoning district within the mixed use Meridian City Council April 23,2024 Page 13 of 14 regional designation would recreate a nonconforming use. For example, a single family residential dwelling on an acre is not a permitted use in the commercial zoning district and it fails to meet density requirements for an R-15 or R-40 zoning district, which is not preferred. Prior to redevelopment a rezone should be requested and a development agreement proposed consistent with the commercial FLUM designation. Single detached family dwellings are listed as a principally permitted use in the R-2 zoning district. To ensure future development is consistent with the Comprehensive Plan and land use desired for this property, staff recommends a development agreement as a provision of the annexation, which requires the property to be rezoned and the agreement modified to include a conceptual development plan prior to any change in use and/or development of the property. Access to this property is currently from East Overland Road. With future development of the property access to via East Overland Road and interconnectivity with adjacent properties will be evaluated in accordance with the provisions in the UDC. Commission recommendation was approval. In favor at the commission public hearing is Robert Taylor, the owner. In opposition was none. Commenting is none. Written testimony is none. Key issues were none. Key issues of discussion from Commission were none. Commission changes to staff's recommendation were none. Outstanding issues for City Council are none and written testimony since the Commission hearing is none. And this concludes staff's presentation and I stand for any questions. Seal: Thank you, Stacy. Council, any questions for staff? Okay. Would the applicant like to make any comments? The applicant is here and waives any -- any comments. Madam Clerk, anyone signed up to provide testimony? Lomeli: Thank you, Mr. Mayor. No one has signed up. Simison: No one has signed up and no one else is in the room. Anybody online want to provide testimony? Seeing none, Council, what's your direction? Cavener: Mr. Mayor? Simison: Oh, wait. The applicant waives any final comments? The applicant waives any final comments. Councilman Cavener. Cavener: Stacy, thanks for this. We normally don't have an applicant who makes -- doesn't want to make any comments. I completely understand. It's a pretty cut and dry application. I just want to make sure. You have kind of walked the applicant through the redevelopment -- can't redevelop, can't do anything without coming back through for a rezone and all that and applicant was all in agreement with all that I assume? Hersh: Mr. Mayor, Commissioners -- or Council Member Cavener, yes. So, the applicant understands what the conditions are going to be in the development agreement. Cavener: Thank you. Appreciate the promotion to commission. That's -- Meridian City Council April 23,2024 Page 14 of 14 Hersh: Sorry. Cavener: Mr. Mayor, with no additional public hearing -- or public testimony needed, I move we close the public hearing on Item 19. Little Roberts: Second. Simison: Have a motion and a second to close the public hearing on Item 18. Is there any discussion? If not all in favor signify by saying aye? Opposed nay? The ayes have it. The public hearing is closed. MOTION CARRIED: FOUR AYES. ONE ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve application H-2023-0062 as presented. Little Roberts: Second. Simison: Have a motion and a second to approve H-20230062. Is there discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: With that, Council, anything under future meeting topics? Or a motion to adjourn. Councilman Cavener. Cavener: Move to adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. ONEABSENT. MEETING ADJOURNED AT 6.361 P. M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5-7-2024 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 9, 2024 City Council Work Session. Meridian City Council Work Session April 9,2024 Page 21 of 21 Simison: Move to come out of Executive Session? Strader: So moved. Simison: Got a second? Overton: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor, please, signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: ALLAYES. Simison: Now do I have another motion? Strader: Mr. Mayor, I move that we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-23-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 4-23-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 9, 2024 City Council Regular Meeting. Meridian City Council Work Session April 9,2024 Page 21 of 21 Simison: Move to come out of Executive Session? Strader: So moved. Simison: Got a second? Overton: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor, please, signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: ALLAYES. Simison: Now do I have another motion? Strader: Mr. Mayor, I move that we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-23-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 4-23-2024 W IDIAN� AGENDA ITEM ITEM TOPIC: Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0035) ADA COUNTY RECORDER Trent Tripple 2024-021204 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 04/24/2024 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE Prgject Name or Subdivision Name: Movado Village Subdivision Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number ift he project contains more than nnee.-e ru of this hpe.See instructions/checklist for additional intbrmation For Internal Use Only E Record Number: SMT 2024 0035 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 23rd day of April 20 24 between Meridian Movado Village Investors,LP/C4 Investments LLC ("Grantor")and the City ofMeridian,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. T O 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. .unitary Sewer and Water Main Easement Page I Version 0 1/0 1/2024 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: Meridian Movado Village Investors, LP by Ferguson & Brewer Investment Company, its GP as president of the GP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by ____(name of individual), [complete t o lowing ifsigning in a representative capacity, or strike the following ifsi in an individual capacity) on behalf of (name o f on behalf of whom record was executed), in the following representative (type of authority such as officer or trustee) %t Notary Stamp 13cloN\ Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 hkvgsr'�f�II�}itt3�#�Sti�?:F��`i�3�.,,f"<I�3s�ft�3t�;f:II�2r3�'.i';r.'St'i�3rrft�i;.1i`�ai s�3i3:�"�II�'.���1`�3?a�3�Fia53�?�;��E3�iII�Q'r>.>IIcII§t?��:Ftf}T'a�wst` 3.£�€�£�IIS`xt�F3PE�g�f'.Fi#f�84#7� A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Callfo nia County of before me," I Ira 'Pi(A Date Here,nserf Name and Title of the Offi er personally appearediC '�� Names)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ••+ 04 0. 1 certify under PENALTY OF PERJURY under the DEBBITURNBOW laws of the State of California that the foregoing COMM.#2463978 > paragraph is true and correct. r NOTARY CO NTYPUBLIC OFBUTT�pNIA �'' WITNESS my hand and official seal. Comm.EVIres OCT 19,2027 Si n at` e ' L Ploce Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— O Limited O General ❑ individual ❑ Attorney in Fact ❑ Individual O Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing:_______ Signer is Representing: � `'�l{3.���t4�S �Yi .�S����' .�� ' .�rQ',ib��i.r�•ft�Llc�i��i'F�3II{ .�€nr�.cuc<•�q�er:' ,.1.i-:t''�iS 02019 Natlonal Notary Assoclation GRANTOR: C4 Investments LLC A A A /'/-- V V STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on (date) by Jim Conger (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 vC4 Investments LLC (name of entity on behalf of whom record was Executed), in the following representative capacity: member (type of Authority such as officer of trustee) Notary Stamp Below ISO I 000•. �;••1yOTARy,• Notary Signature s • �•� My Commission Expires: _ i ;o C'PUB t •,,,,qT� of �o�•,. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-2 3-20'24 Attest by Chris Johnson, City Clerk 4-2 3-20'24 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-2 3-20'24 (date) by Robert E. Simison and Chi-is Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-20'28 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 0 1/0 1/2024 i AkSawtooth Land Surveying, LLC f 3111116-' '- �l f P; (208) 398-8 104 F: (208) 398-8105 `� f 2030 5. Wa5hmgton Ave., Emmett, ID 83G 17 57 . 1 32-Foot City of Meridian Utility Easement Legal Description BASIS OF BEARING is South 89013'35" East, between brass cap marking the N1/4 corner of Section 21 and an aluminum cap marking the northeast corner of Section 21, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho. An easement located in the NW1/4 of the NE1/4 of Section 21, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, more particularly as follows: COMMENCING at the N1/4 corner of said Section 21; Thence South 89 13 35 East, coincident with the north line of said NW1/4 of the NE1/4, a distance of 703.00 feet; Thence South 001111'04"West, 56.00 feet to the southerly right of way of E. Overland Road, marked by a 5/8" rebar/cap PLS 11574; Thence continuing South 00*11'04" West, coincident with the east boundary of Movado Apartments Subdivision, as shown in Book 119 of Plats, at Page 18449-18452, Ada County Records, 141.35 feet to the POINT OF BEGINNING; Thence South 89150'39" East, 19.80 feet; Thence South 00046'25" West, 16.28 feet; Thence South 89013'35" East, parallel with said north line, 310.56 feet; Thence North 71029'32" East, 41.13 feet to the beginning of a non-tangent curve to the left; Thence 38.03 feet along the arc of said curve, having a radius of 321.00 feet, with a central angle of 6147'14", subtended by a chord bearing South 17049'18" East, 38.00 feet; Thence South 71029'32"West, 28.96 feet; Thence North 89013'35" West, parallel with said north line, 353.47 feet to said east boundary; Thence North 00011'04" East, coincident with said east boundary, 48.07 feet to the POINT OF BEGINNING. The above described easement contains 0,29 acres, more or less, P:\2021\1 EMT'\121341-MOVADO MULTI-FAMILY PH 2\Su7-vey\Drawings\Descriptions\30 City Meridian Utility Ease Revised.docx ............. L2 z or ask P RDA, ............ ........ Ni 40 o6 1,eo C6 o "4 A ce S. CLOVERDALE ROAD sowsew arm.20, It; E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Foxcroft Subdivision No. 3 (FP-2023-0032), by Kent Brown Planning Services, located at 3720 W. Pine Ave. (Phase 3) STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/23/2024 Legend DATE: _rLi C-G Project Location C- 0 �c7 TO: Mayor&City Council _4 ' Rd ® R4 FROM: Stacy Hersh,Associate Planner �� R-8 208-884-5533 8 SUBJECT: Foxcroft No. 3 FP RU: R=� 5 �R=8 FP-2023-0032 ' �1-5 R-15 ��R-1�5 C-;C,J R1'S LOCATION: Phase 3 is located at 3720 W. Pine R 15 Avenue, in the SE 1/4 of the NE 1/4 of RUT _ R-15� - Section 10,Township 3N,Range 1W. TN-R C-G -M. . RU R;r40 ®R-15 jR,-15 R 15 ® C-N I-L_ _RUT R1 R�g R 15 RUT I. PROJECT DESCRIPTION Final Plat consisting of 30 residential building lots and 12 common lots on approximately 8.072 acres of land in the R-8 zoning district,by Kent Brown Planning. II. APPLICANT INFORMATION A. Owner: Corey Barton,Viper Investments— 1977 E. Overland Road, Meridian,ID 83642 B. Applicant Representative: Kent Brown,Kent Brown Planning—3161 E. Springwood Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0113) and associated conditions of approval as required by UDC 11-6B-3C.2. There are two (2)more building lots depicted on the proposed final plat compared to the number indicated on the approved preliminary plat(32). However,the proposed final plat for Phase 2 depicted eight(8) fewer buildable lots compared to the number indicated on the approved preliminary plat. Additionally,there was one(1)less lot in Phase I than originally planned. The submitted final plat depicts the required street buffers and pathways as required by the Development Agreement(Inst. # 2021-126693)and the same amount of common open space as previously approved. 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. V. EXHIBITS A. Preliminary Plat(dated: February 202 1) PRELIMINARY PU7 FOR 3; SUBDIVISION V --------------------- -- --------- w"Na'" 0 �U...... T/ Q>_ A PLAN SHEET INDEX HEET E I TI k E L-T H=I U. I IU I IT TE LETS T EEr ENL L-T E T-LE T& I \0 I T- • %1 T, EL T,.LE ry, IT,-AR I1T 1 T b L1.-1TT--.TT T--.TT iE1_1F— E > z D�11 I I T 1. ITT TI %-E.T I T T1 ET F > �F, W Te, IL EE� W x T =7- 0 L F TT Page 2 B. Final Plat roxcanrT SUBDIVISION AU --------- Q w till 1 ` b a...T°Mr� 111 r'_s:: �_- - � '~- :��--'off, •'�, gewr e I .O A •u•ra t s•r,r �1�,Ir ,.� V o ----- � SCALE M FEET MEND xv' m .rvr.- - _~ �•y •------^ ------ n, r ,.r urn.>ti ,• ms r uw �'sn •' mw m x i ----- ------------I • w r]Y' »x ro' ero,rmt SFS,OT �`� r•` O p ,�P • .m wm eve.u nns �. �a • .r w �°r F-T OF 1 t O j L nrrs �W nee C Jc/afiey Engineering,Inc. SEE MEET I OF 4 CmLEMEIMEERIMGIP MFncICADU FOR MOTES SHEET 2 OF Page 3 C. Landscape Plans(Revision date: 2/12/2024) -. IPLAur SCNepuue ,\\� +.fin- �• w i3 3N1 m wne �Y ocr�5 1 — , _ , 7 g --------------------------- N---0------- j ------®-- MOM _ z U �,aNN 11 1 -- :0-- _ .1 ----- 1 ® Z m 11 0 ----------- N y 0 Z 0 J m W 1 D 1 Ar •`y ,1,•1 1 --�- _ �BLOC�s __. JENSE J IL Q arc z -- -- L1 PLANT ee HFPA.F s S ,.....:.,.a,.=..,. . w.,.. W�E Oj SSE P1PNiIN6hiAKIN6 ®6'!.ESERw.nNG CEOPR PENCEvwwu �w exm�.n«. ,•.rna—.M. NOTES Q o w N 0. N f O51ELPGK IP.1pN OPEN VISION rgjCL. wg= ,�.�...,.—.,w„.pu,. Q ill IJ D 1 v ....��......�.�......,.a,... Q F Q d Q } e 'l "®` LANDSCAPL CALCULATIONS U J O Q X J p PLPN EF N BED ED6E mK�a� ._ .� z o rc � 4 F J�wscran Page 4 D. Common Driveway Exhibits T '. . I . I �; f ---- r` r / ---- t I + _ i . lp ; \ tea, so �x LIM AMAR - -------- >i I III WY x so as R ICJ• �AKA 3 ,ad SP I1 0. >I ±------ ----- ----- - NOEL LOT 32, BLOCK 5 SHARED ACCESS FOR LOTS 33. 34 & 35 BLOCK 5 20 a 10 2a 40 SCALE IN FEET r r Ll1YPW 1 9'..�, s1,.o.41.� ailey Engineering, Inc. 27 r—W iiuS M.,ft WAQ 2D'�SHARFO/ DRIV/}E1hAY C IV]LEHGINEERINGIPLANNINGI CAD D TYPICAL PICAL SECTKI I I'I I I!;..I:L s 111 :LL 'dhf16YLV�: _Lrrmn NOT i17 SCALE Page 5 I I I �OCK 3.0- " I I I ' SM IV I I a�-re MF I I I I r �, .• ,. ,ad II AY ----------------------- 4-------------------------......a 4 r LOT 24. BLOCK 5 .� < SHARED ACCESS FOR "' LOTS 22c 23 BLOCK 5 Q SCALE IN FEET 1.- . a r r� owe a � r ew"a ►+7GY[M lr„¢, fg,�r illy Engineering, Inc. dr_WIMA 20' SHARED DRIVE1hAY CMLENGIHEMUNGIPL4NHIHGI CAD TYPICAL SECTION +,i9��uitsnoii SMIL31U e}wu MO'T i4 SC&E Page 6 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-2020-0113 (DA Inst. #2021-126693);A-2022-0088 (Foxcroft No. 1 Pathway ALT); FP-2021-0049;A-2022-0184(CZC and DES);A-2022-0224(Foxcroft No. 2 pathway ALT); ;FP-2023-0031; ESMT-2024-0043 (Pedestrian Pathway Easement). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(i.e.by February 13, 2026); or apply for a time extension,in accordance with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Bailey Engineering,by Cody M. McCammon, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat Note#11, add a reference regarding the maintenance of the common drives. b. Plat Note#12,include recorded instrument number. c. Plat Notes#14,include recorded instrument number. d. Add Note#15, include the recorded instrument number of the existing City of Meridian Development Agreement. e. Add Note#16, include the recorded pathway easement number(ESMT-2024-0043) on the plat. 5. The submitted landscape plans,as shown in Section V.C,prepared by Bailey Engineering, with a revision date of 2/12/2024,is approved as submitted shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Stormwater swales incorporated into required areas shall be vegetated with grass or other appropriate plant materials. Such swales shall also be signed to accommodate the required number of trees as per Section 11-3B-7 if located in a street buffer or other required landscape area in accordance with UDC 11-3B-11. b. The Ten Mile Drain shall be protected during construction of the subdivision in accordance with UDC 11-3A-6. c. Provide a detail of the covered shelter on the landscape plans submitted with the final plat for signature. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=341644&dbid=0&r0o=MeridianC hty Page 7 C. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=343053&dbid=0&redo=MeridianC ity D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=341787&dbid=0&redo=MeridianC Page 8 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Hadler Subdivision No. 1 (FP-2024-0002) by Ben Thomas, Civil Innovations, PLLC., located at 7200 S. Locust Grove Rd. STAFF REPORT C� W IDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/23/2024 Legend DATE: ' E'Project Location TO: Mayor&City Council FROM: Linda Ritter,Associate Planner --- 208-884-5533 SUBJECT: FP-2024-0002 ; Hadler Subdivision No. 1 -FP LOCATION: Located at 7200 S. Locust Grove Road, approximately 1/2 mile south of the ; Locust Grove and Lake Hazel intersection on the east side of Locust Grove, in the N 1/2 of the SW 1/4 of - Section 5,Township 2N,Range 1 E. I. PROJECT DESCRIPTION Final Plat consisting of 51 building lots and 5 common lots(1 common driveway and 4 landscape) on 9.74 acres of land in the R-15 zoning district for Hadler Subdivision No. 1. II. APPLICANT INFORMATION A. Applicant: Ben Thomas, Civil Innovations,PLLC— 1043 E. Park Blvd, Ste. 100,Boise,ID 83712 B. Property Owner: Laren Bailey, Conger Group—4824 W. Fairview Avenue, Boise, ID 83706 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0064) as required by UDC 11-613-3C.2. The submitted final plat is for the first phase of construction for the approved with the preliminary plat; therefore,the proposed 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 staff report. V. EXHIBITS A. Preliminary Plat(dated 11/01/2022) HAULER SUBDIVISION l uGnwuGrPur _ ,...._...,....,,..,..,.,.....� ...,. _._ a.uu• x � .Y._aka _-------------------- i ———— —————— I —-----------I L III �^ •� � _'"0.� ., a• ,,�,' �� ¢ -�; ----•----- ---- ----�----•— -•--- ----•-- --- Page 2 B. Final Plat(dated: 3/13/2024) NO Showing Hadler Subdivision No. I x A Portion of Out" Rlok 1,Re-sane flanah Suhdirision, Sftllatwd in the Northwest puortwr of the Southwest C.,[er of Sxtlan 5, Township 2 Nnrth,Rwge 1 Eost,Bois¢Meridian,City of Meridian,Ada County,Idaho. .]L 20R4 7C se seevsvr nnwow c w seb.w u. © 0000c� 00000©oo o0000000000 � Sea> ' '� $ I� ® 14+H000 © o ® o wd 14, Lw ue'�•®se�u�� _ ar.er...e....r Sock Pogo SvRv1•Y GROUP LLC Hadler Subdivision No. l A _ .—.—_—_—_—_—_—_—_—_—_—_—_--s ---—.—.—. - r._ y a - -----------� -- — I $) 'n9 o 0 '°p0 OO IO 'I O _© Q Q'1 � pl� swrr.w• ff - - �.., • �........ .... �w Trm �n • i � h w� f �.. ; Bm� Py IpAHO ...�w -A- SURVEY CROW LLC �"""•"O'^"m' Page 3 Hddler Suhdiymon No. I ------------------ �------------- --- ----------- ------f--T--- — -------------------I-- ------- (D if N ..................I LJ Z�- 4a L7,i UEEW SV jEGFiO:UP:LAC MIX— Hadler Subdi vzsion Not I A — -I Page 4 I{adfer Subdivision No. I wam caamx. "-- e d oantr s.r.ef ".-•rY""..n'""`�M a"'••r.��aw� '•""° i "•e""'^�`e..m�"".x�n"`w::n"°w a s�r'niP�me.'�,u+�"`•o'M w'�,� �rwo•w3 w o�wava.+�i•L•d�m IhiM0.�i�iv�Gn.y tlw .r+•F rww�•xu or1mM'a iawW. ns 6� MPaa d Me CwNY��!pYtrkn f.M1�6 d mar i w•+wYY.Ye a mw'�ee aPa�Ye �..ca.A'n}•.�r.•.eea w wwWw ta..4'Tw•.n•wn er w(w�Y w.�6yr�TyT+Wh r rwnY.uw•m w ew`�� n— 'w y j�u•���q�Y�n PL•�'1aa�ln bw�vd1 Y•T•l�Ilr�i'flbc'�1Y• 4Vw1 tl W Fn W1Y Caner N.wdr'Y Olflllroll �+w.yq me pW�Y r n�mf o11r.Yb,W p•rb f+dn titer� tlb M YW PY cwy x a.��. wawa•r ••�i��ne•W Mwwl r YM w N•rwx x ,R .� •I ntiir.rl_robh_Y,Pi, dyd ]!� Y Yee n RaY a.4A s.qi riPVV i•4SY pfrt Ta{ l P.u+r•y�l[g owl ti W ev 1.[A'n Yrf�>+o+•M 1W m n..Yf e..p �ynanw`ga P.WOa.wa Y.PnM_ThM .M� � �rlFTr� Mn-n.•r ww.x w.rwo- &AVEY aan ago+s GROUP LLC Page 5 C. Landscape Plans(date: 3/13/2024) HATJ = _ ==___= Ind a ---- - T E " HADLER � - - - - -- ----�--- i NO. 1cc z a 2 �ovewi w�ec� «»LO - - If I I � O iii n x71 UM �Q lil 4YI +���:•�� .:r',✓r.�c�—•�-' -,,. ��,T'v:T'r'.. �•rti• J �� 4 13fH �I a� KEY MAP «y'Liv Page 6 T. L 1� � . . 9� Lo m—4 ..«. rn z 5 w ¢ n O� KEY MAP - �.L2 M PLANT SGNGDULC-- 7T =Mlar ILI ....e,. ��® ...Z.. NOTES Z �W� ��,,.......�e ..».ate ,.'�`.�...,�:�.��.,..,�.,... •: :M. m��� co Lu eras�,wriws�y..�..� 0� ... .,...�.....�.�..»d.�...........« ¢Z ..,�„e«,.....,........s..�. C DSCA•....CALrULATI NS ww.......,PM = r �: A.. LANDSCAPE GALGULATIONB sxsa9ki- mrxsa ~L3 Page 7 D. Open Space Exhibit(1/30/2024) HALE Exhibit E— Open Space Open Space—The Hadler Neighborhood will provide 3.51 acres of landscaped common area,including a large neighborhood park i2+AC.)and an amazing 2,446 L F.of regional pathway that will extend and connect the City of Meridian Regional Pathway System, landscaped interior pathways, landscaped end caps on each black,and landscaped arterial and collector street frontages.The area of Qualifying open space equals 3.51 AC. (17.6%),which far exceeds the City Code requirement of 15%. ri K IF HATCH LEGEND _ BUILD ABLE LOTS _ QMIFIEDOPEN SPACE _ GRALIFIEDOPEN SPACE(ARTERL{LBUFFEM i OLILLIFIEDOPEN SPACE(ODLLEG-W BUFFER} MON-GUALFIEU WiN SPACE PUBLIC RIGHT-OF-WAY Page 8 E. Common Drive Exhibit(dated 3/12/2024) mum F-ft mum[M. r-SEIMACKLDE OT LIME ELOCK I MVID4 I 0M) r 1 3AR k I 7- &W SM 3.W Me 3w PH LOCK 1 DRIENTAT" I I aplFWATION I I MENTON k MENTATION k' 'I OMffATM RIENTATION MvI I I I p J -j .. . ............ ........... L MADUR OL 12.* M 2M 2010 OUILLING BLOW 0 N1 t MUILINNO OFUMATM RIENTATIO ORIENTATION is k BLOCK t p r ------------- — FIL 0% C 0 HORIZONTAL SCALE IN FEET PFWJKT NIL zl-wu;LRDL DW FLE DRKWAY DEWMay aT HADLER SUBDIVISION NO. I CIVIL INNOVATIONS, PLLC DAmffl &T WEAWN.10"D 3 L PARK BLVD M I* :FECKEDBY iT DDEEMBP12 &U-DVE 01-12-M PKNE.rdff)ffi441Bl K&E A5 Etm SHARED DRIVEWAY EXHIBIT �FEET IGH Page 9 ConceptualF. i i iY � r!! e■ fi II ■� 11 -1! ■■ ■ 1 If A --- � !f i I�� � ate:i a��Ea�� III �r I ■■ ■� A 11!1 �� ��'N I Igl II�1 �a a a.%#r saa���I '��°" I�II.1�1�1�i I�':IA■lAl�l�1 n I�iAl�lln._I I=; I�I�I,� ,Oil r■AID 1f� I r —1l!1� - --__ rt■M.M. J _ r a `w r: 1+ isl }�it.� .I�� �'1-'��I�I11�.11 �1'� •� ` 1 i '�.�!�l�,r ''� f'Y Page VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2022-0064 (AZ,PP) and DA Inst. #2023-023846. 2. The final plat shown in Section V.B,prepared by Idaho Survey Group,LLC, stamped on 1/3024 by Michael S. Byrns, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Note#10: Include the recorded instrument number of the City of Meridian water easement. b. Note#11: Include the recorded instrument number of the City of Meridian sewer and water easement. c. Note#12: Include the instrument number for the ACHD permanent easement. d. Note#13: Include the instrument number for the temporary blanket ACHD access easement. e. Note#14: Include the instrument number for the ACHD license agreement. f. Consistent with ACHD conditions of approval,provide traffic calming measures along E. Hadler Drive to help mitigate its long and straight design. 3. The landscape plan prepared by Jensenbelts Associates,dated March 13,2024, is approved as submitted. 4. All common driveways shall meet the requirements of 11-6C-2-D including a perpetual ingress/egress easement being filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 6. All fencing shall be installed in accordance with UDC 11-3A-7. 7. 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. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The Applicant shall ensure the irrigation ditch along the north boundary is tiled and/or relocated consistent with UDC 11-3A-6 standards. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 11. Prior to the City Engineer's signature on each final plat, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathways along S. Locust Grove and E.Via Roberto as required by the Park's Department,unless ACHD requires an easement within their right-of-way. 12. Prior to applying for building permits,Administrative Design Review is required to be submitted and approved by the Planning Division for the proposed single-family attached units. Page 11 13. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. B. PUBLIC WORKS https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=341618&dbid=0&repo=MeridianC C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.ofglWebLinkIDocView.aspx?id=343052&dbid=0&repo=MeridianC Lty D. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridiancity.or lWebLink/DocView.aspx?id=278590&dbid=0&repo=MeridianC hty E. BOISE PROJECT BOARD OF CONTROL https://weblink.meridianciiy.org/WebLink/DocView.aspx?id=343659&dbid=0&repo=MeridianCi ty Page 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Keep West Subdivision No. 2 (H- 2023-0047) by Jarron Langston, located at 2625 E. Lake Hazel Rd. and 6519 S. Raap Ranch Ln. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-- AND DECISION&ORDER In the Matter of the Request for annexation,zoning and preliminary plat approval,by Jarron Langston. Case No(s). H-2023-0047 For the City Council Hearing Date of: April 9, 2024 (Findings on April 23,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 9, 2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 9,2024,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of April 9,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 9,2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 9,2024,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation,zoning and preliminary plat approval is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 9, 2024,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047) -2- City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of April 9,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047) -3- By action of the City Council at its regular meeting held on the 23rd day of April 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-23-2024 Attest: Chris Johnson 4-23-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-23-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047) -4- EXHIBIT A STAFF REPORT C� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT HEARING April 9,2024 Legend DATE: Project Location TO: Mayor&City Council FROM: Linda Ritter,Associate Planner t _ 208-884-5533 ,, SUBJECT: Keep West Subdivision—AZ, PP H-2023-0047 LOCATION: 2625 E. Lake Hazel Rd. and 6519 S. - Raap Ranch Ln.,in the NE 1/4 of Section 5,T.2N.,R.IE. (Parcel#R7317670010 5 and R7317670020) c I. PROJECT DESCRIPTION Annexation and zoning of 16.25 acres of land from RUT to R-2 (low"density residential")zoning district and a Preliminary Plat consisting of 21-2 buildable lots,one existing home and 8 common lots on 15.76 acres of land in the R-2 zoning district for Keep West Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage Annexation 16.25 acres/Preliminary Plat 15.76 Future Land Use Designation Medium Density Residential(MDR)and Low Density Residental(LDR) Existing Land Use Rural Urban Transition(RUT) Proposed Land Use(s) Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-2(Low Density Residential) Lots(#and type;bldg/common) 223 building(1 existing)/3 common/2 irrigation easement lots Phasing plan(#of phases) 1 Number of Residential Units(type 223 single-family detached units,including one existing home of units) Density(gross&net) 1.3946 units/acre(gross) Open Space(acres,total[%]/ 1.2630-acre(or 8%)consisting of street buffer and open space area. buffer/qualified) Amenities NA Physical Features(waterways, The Farr and Grimmet Laterals run along the west&east boundaries of the hazards,flood plain,hillside) site. Pagel Neighborhood meeting date 1/4/23 History(previous approvals) Raap Ranch Subdivision recorded in 2013 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no • TIS(yes/no) No(not required) • Level of Service(LOS) Better than"D"at PM peak hours,which is an acceptable LOS for a 5-lane principal arterial(Lake Hazel Road). • Existing Conditions There are three existing driveways serving the existing homes via E.Lake Hazel Road. • CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from Cloverdale Road to Eagle Road and is under construction with a completion date later in 2023. • The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be widened to 6-lanes on the north leg,5-lanes on the south,7-lanes east,and 6-lanes on the west leg,and signalized in 2024. Access(Arterial/Collectors/State Two(2)accesses exist via E.Wickham Street and S.Netherfield Way,local Hwy/Local)(Existing and streets. The existing acees from E.Lake Hazel Road will be residential access Proposed) will become an access for emergency vehicles only.No direct access is proposed via E.Lake Hazel Road. Proposed Road Improvements Fire Service This project currently falls in an area where we don't have total response times for an effective firefighting force to meet NFPA 1710 standards or current City of Meridian adopted standards. The first due station is Fire Station 7. This fire station is approximately 1.0 mile from the project which is good for the first due engine. See attached comments (https://weblink.meridiancity.org/WebLink/DocView.aspx?id=330404&dbid= 0&repo=Meridi an Ci tv) Police Service No comments received West Ada School District No comments received Wastewater Effl- ' • Distance to Sewer Services Directly adjacent • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Flow is committed Page 2 Water • Distance to Services Water is available at site • Pressure Zone • Estimated Project Water ERU's See application • Water Quality Concerns None • Project Consistent with Water Yes Master Plan C. Project Maps Future Land Use Map Aerial Map Legend Legend Project Location nProject Location @� tom® 7p� It tl FA C � . ®® CIYIG i Medium Density Reses a tial Low Density_ .J Residential r 9 ; e Zoning Map Planned Development Map Legend R 2 Legend -: .: 1. 0 Project Location R_�8-� ® Project Location _ City Limits i 1 ®F"F R�15 R 8 R-15` �® —Planned Parcels YR-40 C-CLi. R-g R 8 rl R-2 R R-4� R-8 -- ® ® -- = 5 — J a R-15, �, --- RUT L R-4` r - � RR—RUT RR��: R1 M1 ',.t " e •:1. Page 3 III. APPLICANT INFORMATION A. Applicant: Jarron Langston—9563 W.Harness Drive,Boise,ID 83709 B. Owners: Brian D. and Mary L. Affleck—6519 S Raap Ranch Lane, Meridian, ID 83642 C. Representative: Ted Burke,EDM Partners—2815 E 3300 S, Salt Lake City,UT, 84109 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 2/20/2024 3/25/2024 Radius notification mailed to property owners within 500 feet 2/16/2024 3/22/2024 Public hearing notice sign posted 2/24/2024 3/27/2024 on site Nextdoor posting 2/26/2024 3/25/2024 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Low Density Residential(LDR),which allows for dwelling units at gross densities of 3 dwelling units per acre; and Medium Density Residential (MDR),which allows for dwelling units at gross densities of 3 to 8 dwelling units per acre on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The Comprehensive Plan allows an adjacent, abutting designation,when appropriate and approved as part of a public hearing with a development application,to be used. Over half of the property has a future land use designation of low density residential,the applicant has proposed to continue that use for the entire development as allowed in the Comprehnsive Plan. The Applicant proposes a 22 2-3-lot subdivision for single-family residential detached homes at a gross density of 1.3946 units per acre,which meets the comprehensive plans desire of larger lots in the LDR designation. The property is surrounded by single-family residential homes zoned R-2 and R-4(Low Density Residential),R-8 (Medium Low-Density Residential), and R-15 (Medium-High Density Residential)indicating a mix of low and medium density residential zones. Staff has considered multiple factors,including the surrounding mix of low and medium density residential zones,the presence of irrigation ditches on the east and west sides of the property, and the proposed gross density of 1.3946 units per acre. In light of these considerations, staff is supportive of the applicant's request to zone the property as Low Density Residential(LDR)for the proposed 222-- lot subdivision. TRANSPORTATION: The Master Street Map(MSM) does not depict any collector streets across this property. Lake Hazel Road is scheduled in ACHD's Integrated Five Year Work Plan(IFYWP)to be widened to 5-lanes from Cloverdale Road to Eagle Road and is under construction with a completion date later in 2023. The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP Page 4 to be widened to 6-lanes on the north leg, 5-lanes on the south, 7-lanes east, and 6-lanes on the west leg, and signalized in 2024. Lake Hazel Rd. is currently improved with 2 travel lanes (one in each direction) and has no curb,gutter or sidewalk. ACHD's Roadways to Bikeways Master Plan(BMP) identifies Lake Hazel Road as Level 3 facilities that will be constructed as part of the aforementioned Lake Hazel Road IFYWP ACHD project. 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 offers a mix of home and lot sizes that should contribute to the variety of housing options in this area and within the City as desired. • "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. • "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 site design with larger lot sizes abutting similar size lots to the east in the Keep Subdivision and smaller size lots to the west in the Vertex Subdivision No. I and 2 will provide a good transition in density and lot sizes to abutting parcels. Although the FL UM designation for the proposed preliminary plat is MDR and LDR, the applicant has chosen to move forward with LDR as it is located between two irrigation ditches (Farr and Grimmet laterals) and will be similar to the existing Keep Subdivison to the east. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed and existing adjacent uses are all single-family detached residential homes, which should be generally compatible with each other, thereby reducing conflicts and maximizing use of land. • "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) Development of the subject infill property will not negatively impact abutting existing development due to the similar lots sizes and density proposed. The property is separated from the adjacent developments by irrigation ditches on the east and west side of the property. The density is similar to the existing Keep Subdivision to the east. • "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, including the existing home, will connect to City water and sewer Page 5 systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Per ACHD's staff report, Lake Hazel Road is currently being improved to 5-travel lanes, vertical curb, gutter, 4-foot wide permable pavers, and a 10 foot wide concrete sidewalk abutting the site. Sidewalks are proposed throughout the development along the proposed streets. The sidewalk along E. Wickham Street will provide a pedestrian connection to the development to the east and along S. Netherfiled Way to the west. Currently there are no pedestrian pathway stubs to this property from adjacent developments. • "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." With redevelopment of the site, the existing home is required to connect to City water and sewer service and the existing septic system and well should be abandoned. • "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity."(6.01.02B) There are three(3) access points on E. Lake Hazel Road for this property(and an irrigation access). With development, this access will be closed and access will be provided internally from within the subdivision via the extension of E. Wickham Street and S. Netherfield Way. There is will an emergency access where the existing access for the remaining home is currently located. • "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. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 16.25 acres of land with an R-2 zoning district and develop 15.76 acres of land with single-family homes at a gross density of 1.3946 units per acre,this is consistent with the LDR FLUM designation as discussed above in Section V. A legal description and exhibit map for the annexation area and property is included in Section VIII.A. This property is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with twenty-onetwe(212-2)new single-family residential detached dwellings and retention of the existing home(see Section VIII). Page 6 Single-family detached dwellings are listed as a principal permitted use in the R-2 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-2 zoning district. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the subject property develops as proposed, 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 212-2 building lots and eight(8)common lots on 15.76 acres of land in the proposed R-2 zoning district as shown in Section VIII.C. Proposed buildable lots range in size from 12.008 3 square feet(s.£)(or 0.28 acre)to 38.274 27,957 s.f. (or 0.87864 acre). The subdivision is proposed to be developed in one(1)phase. Existing Structures/Site Improvements: There is an existing home and several other structures on the property. The existing home is proposed to remain on Lot 36,Block 1, all other structures are proposed to be removed. Prior to the City Engineer's signature on the final plat, all existing structures that don't comply with the setbacks of the district shall be removed.A new address will be required for the existing home. Dimensional Standards (UDC 11-2): The proposed plat, existing home and subsequent development is required to comply with the dimensional standards listed in UDC Table I1-2A-6 for the R-2 zoning district. The proposed lots comply with the minimum dimensional standards. The existing home shall comply with the setback requirements of the district. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3. Dead End Streets: Per UDC 11-6C-3B4, the City Council may approve a dead end street up to seven hundred fifty(750) feet in length where an emergency access is proposed; or where there is a physical barrier such as a steep slope, railroad tracks, an arterial roadway, or a large waterway that prevents or makes impractical extension; and where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. See diagram below. The cul-de-sac for the proposed plat is greater than 900 feet which would exceed the maxium approval allowed by City Council of 750 feet in length. The applicant needs to revise the plat map shortening the length of the cul-de-sac and submit a revised plat map fifteen days prior to the City Council meeting. The applicant revised the the plat map to shorten the length of the cul-de-sac and submitted the revised plat map 25 daps prior to this meeting Page 7 Physical Barrier Pafhway Connection, Typical 500'Maximum J i s d Lot,Typical 750`Maximum With Council Approval Access: There are three(3)access points on E.Lake Hazel Road, an arterial street, for the existing homes and structures. The Irrigation District takes accesses to the property via the parcel to the west. The driveway for the existing home will remain and be utilized as an emergency access only. Access is proposed via the extension of E. Wickham Street at the east boundary of the site,which terminates onto S.Netherfield Way. Direct access is not proposed or allowed via E. Lake Hazel Road. A common driveways arei-s proposed for access to Lots 22,23,27 and 28 An exhibit for the common driveway was submitted as shown in Section VIII.D that complies with the standards listed in UDC 11-6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment.A copy of such should be submitted with the final plat for City Engineer signature; or, a plat note could be included on the plat that includes this information. Landscaping: A 25-foot wide street buffer is required along E. Lake Hazel Road.,an arterial street,per UDC Table 11-2A-6,measured from back of the sidewalk. A buffer is depicted on the landscape plan that appears to meet this requirement. The buffer has been depicted on the plat in a common lot as proposed with landscaping per the standards listed in UDC 11-3B-7C.3. There are several existing trees on the site,where possible existing trees should be retained. Mitigation is required in accord with the standards listed in UDC 11-3B-IOC.5; calculations demonstrating compliance with the aforementioned standards should be depicted on the landscape plan. Page 8 Common Open Space& Site Amenities(UDC 11-3G-3): The applicant is proposing 1.374-9- acres of open space consisting of 50%of the street landscape buffer along E. Lake Hazel Road, parkway,pathway along emergency access,covered pavilion, sports court and grassy areas. The applicant provided 1.374-9 acres of open space(9.41%)exceeding the 8%(54.920 64,589 sf or 1.2649 acres)requirement. Per UDC 11-3G-4, for each five(5)acres of gross land area, one(1)point of site amenity is required. As the property is 15.76 acres, a total of 3 amenties points is required. The applicant is proposing a covered pavilion(picnic area—2 points)and sports court for pickle ball (4 points) as amenities which totals 6 amenties points. The amenity points are in excess of the required three (3)points. Staff recommends a provision to the Development Agreement requiring the installation of the amentities as proposed. Pathways: All pathways should be constructed in accord with the standards listed in UDC 11- 3A-8.A 10-foot wide sidewalk is required along the northern boundary of the site in accord with the Pathways Master Plan.A 14-foot wide public pedestrian easement is required for the pathway (see Park's Dept. comments in Section IX.G),unless ACHD requires with the construction of the Lake Hazel road widening project. Sidewalks(I1-3A-17): Ten-foot wide detached multiple-use pathways (MUP)is required within street buffers along arterial streets. Parking: Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. Waterways: The Farr Lateral exists along the west boundary(within a 50-foot easement) and the Grimmet Lateral along the east boundary within a 40-foot wide easement,measured from centerline). The applicant shall submit documentation from the Irrigation District verifying the easements and any restrictions within the easement. The UDC (11-3A-6E) requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20-feet wide outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners. The applicant proposes to place the Farr and the Grimmet Laterals within common lots as required. All other irrigation ditches crossing this site that aren't being improved as a water amenity or linear open space as defined in UDC 11-1A-1 shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The applicant is proposing to the a portion of the Grimmet Lateral and has been working with the Boise Project Board of Control for approval. The Farr Lateral will remain open.If tiled wed,the Boise Project Board of Control will not approve any landscaping other than gravel within its 25-foot easement.No variances will be given. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and ]I- 3A-7, as applicable. The landscape plan depicts existing fencing along the north boundary of the site. A 6-foot tall privacy fence is depicted along the west, south and east boundaries of the site. A 4-foot tall privacy fence is proposed along internal common lots. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home is 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. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Page 9 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-1 S. 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. A Geotechnical Report was submitted with this application. Building Elevations: Several conceptual building elevations of homes were submitted as shown in Section VIII.G. Building materials consist of a variety of stone/brick veneer accents and stucco. Design review is not required for single-family detached structures. VII. 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&Zoniniz Commission heard these items on March 7, 2024. At the public hearing,the Commission moved to recommend approval of the subject Annextion and Preliminary Plat requests. 1. Summary of Commission public hearing a. In favor: Todd Lakey,Barton Lakey Law representingthe he applicant,Jarron Langston,Luke Gilbert,property owner b. In opposition:None C. Commenting: Jeff Lucky, Jeff Brown,Andrew Williams,Danny Blau,Melina Newell d. Written testimony: Jeff LuckeX e. Staff presenting application: Bill Parson,Planning Supervisor f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Concerns with the proposed street connectivity that will bring additional traffic to the existing neighborhood(The Keep)to the east 3. Key issue(s)of discussion by Commission: a. Bringproposed cul-de-sac into compliance prior to the City Council hearing. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s)for City Council: a. None Page 10 C. The Meridian City Council heard these items on April 9,2024. At the public hearing.the Council moved to approve the subject annexation,zoning and preliminary plat requests. 1. Summary of the City Council public hearing: a. In favor: Todd Lakev,Barton Lakev Law representing the applicant.Jarron Langston b. In opposition:None c. Commenting: Todd Lakev,Barton Lakev Law representing the applicant.Jarron Langston d. Written testimony: None e. Staff presenting application: Linda Ritter.Associate Planner £ Other Staff commenting on application: Bill Parsons,Planning Supervisor 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Lack of comments from West Ada School District and the overcrowding of the schools in the area. 4. City Council change(s)to Commission recommendation. a. None Page 11 VIII. EXHIBITS A. Property Description and Exhibit Map 1 LAND SIJRVEY1NO FLLC Client:,Jarron Langepan Land Develgpfnenl *y' Date;February 22.2023 ■c" .� Job No.:6323 I �� e a � PROPERTY DESCRIPTION �i' A pargel of land bei�bg a portion of the W la NE 1 A of Section 5,Township 2 North,Ra nge 1 East Eoise Meridian,City of Meridian.Ada flaunty,Idaho,more particularly dascrihed as folkwea! Carnmen,HN at a fecund Aluminum cap mampad-PLS"3 1-niarldng Ilia NE earner of Sam NlE 114,(aacHen inner common to Sections 4 and 5 of Tewnshlp 2 North, RDnge 1 East,and Sections 32 and 33 of Township 3 NorM.Range 1 East).aid comer bears.SAV5,8'45'E..a distance of 26%.14 feat from a found Brae6 Gap marking the NW comer of said NE 114,(North 14 ogmer); Thence along the ND*em boundary of said NE 114,N.11;6°66'45"W.,a dlmnee of 15P2,85 feet to a found 519 inch dlarncfcr Iron pin wim an illegible cep; Thence leaving sold Northern boundary,S. 14'l6'S2"E„a distance of 25:52 feet 10 the POINT OF MEC,IMNING,Said point rnonumented with a found 5J8 inch diamerer iron pin stamped`PLS 14221' Thence S.t '35'S1"E.,a di stance of 5M-33 I'm to a point; Thence S.W23'31"E ,a distance of 1213 70 feet to a found 518"diameter Iran pin stamped°PLS 14221"; Thence S.OV22'25'E„a distance of 45.93 feet to a point on the centerline of the Farr Lalefar, Said point baara S-DO'22'25'E-,.a d isldnoa of 45.93 From a frund 5J$inch diamQlar irgn pin witness FPrrrar 54amped "PLS 14221'; Thgnig 21ong the Centerline of 6eid Farr Lateral the folk wing Gcuroas and Ui5wnc3e5; Thence N.49°5937'W..a distance of 27.51 feet to a point Thenoa N-22130'247 W.,0 distant$of 1 b1$.71 feel to n print; Thence cwdntrltfg,N-25°12'14"W a dicta ncs of 135.17 feet to a point marling the beglnning of a la ngant curve io the left; Thence a distance of 153-60 feet along the arc of said curve to the left,hawing a radius of 200.00 feat,a central angle of 44'00'0r,the I4ny Qhgvd QfwhiCh War,,H.47'12'21"W,a distance of 149 n feet to a pc4nt; Thence N-69'12'33'W.,a distance of 194.7$feet to a p4inl; Thence leaving said Farr Lateral,rJ.X*09'59'W..a dlstanea of 40.74 foot to a found 54 inch diamatar Iran pin stamped"PL$4$$JU"; Thence N 00'10'55'E..a distance of 38.42 feet to a found 519 inch dia motor bent Iron pin wlthout a cap on the Southern RighFaWYey of East Lake Hanel Road; Thence along said Southern Rlght-f-Way,S-89'H'57'E„a distatica of 853.33 feet to the POWrOF r3EGfNNAU This parrel contain$15,7t�erre6 more 4r pgss,. $1 BVFCT TO.-All uxi5ting rights of way and ea%ement5 of rgrrrd gr irr1pliad appearing on the above- described parcel of land, 623 ]l ih Ave,South,Nampa,lD 93651 -T-(208)442-0115 -C"(208)608-2510-tgray-cIs ftmail.ram Page 12 r w x S Sir C} 'wa r, * raep ranch boundary osure 212212023 Scale: 1 Inc =212 Feet e: ra ap ranch boundary closure 02222023.rkdp red e, 1c ure:niluzmw CLOI I I IFZ41010.PeOrneWAMVt 1 sO.9651 6i6.93 10 rAD.1065r 3U2 17 2ago.M1:1211.70 1+s 9,5GS7e 5333 !D02226e 45.99 n49.5957w 77.51 n22.302dw 1618.71 9.25.121Aw 135 17 i�r-20DW,d2m=W.00M.thord.nd7.122fw 149M nEe.1233w 194.76 Page 13 B. Annexation Description and Exhibit Map -P-A "ND s RVToY1h7C1 puc Fes' -,r vi4�L C090L Jarron Langston Land Development C Date: February 22.2fl23 Job 44o..0323 Q � S_ ANNEXATION DESCRIPTION �f A parcel of land being a por tlon of the W 112 N E 114 of Section 5,Township 2 North,Range 1 Ea9st, a Merldlan,Oltyind Meridian,Ada County, Idaho,more particularly described as follows; Commencing at a found AJuminum cep stamped"PLS 4431'marking the HE corner of said FEE 114,(Section Corner common to Sections 4 and 5 of Township 2 North, Range 1 East,and Sections 32 and 33 of Township 3 North, Range 1 East),aid comer bears S.89"56'45"E..a distance of 2659.14 feat from a fou nd Brass Cap marking the NW comer of Bald HE 1f4.(North 114 caner); Thence along the Nort#iern boundary of said NE 114,N. 99°5645'W.,a distance of 1522.95 feel to the POINT OF BEGINNING.so id point moeumentcd with a found 5 r8 inch dlanwtor Won pin WJIh err l llegibta cap; Thence leaving said Narmern boundary,S, IV10'52"E.,a distdnrre of 25.52 feel to fount 5M inch diameter Iron pin stamped'I LS 14221''; Thence S-09W51`E„o dlsta3nce of 540.33 feet to a point; Thanes S-00°2373V E„a distance of 1213.70 feet to a found 518 inch diameter iron pin stamped"PL9 14221"; Thence S.CV2225'E„a distance of 45.93 feet to a point on the centerline of the Farr Lateral. Said paint bears S.00°22'25'E„a distance of 45.93 from a found 5f8 inch diameter iron pin witness corner stamped 'PLS 14221"; Thence along the centerline of said Farr Laterai the following Courses and Di stances; Thence N.49°59'57"W.,a distance of 27.51 feet to a point; Thence N.22`30'24"W„is distance of 1518.71 feet In a poln4 Thence continuing,N_25'12'14*1V_,a dJmanoe of 135.17 feel to a point marking the bergi�rning of a tongerFt curve to the heft; Thence a distance of 153-60 feet aipag ti,g ark 4f Said pt"t4 the left,ha'+iriq a radius of 200.00 fee#,a Central angle of 44'00'08",the 14rtg chard of which bears N.47°12'21"W„a distance of 149,86 feet to a point; Theme N.69.12'33"W.,a distance of 194.76 feet to a poinl- Thence leaving said FaFr Lateral, N 00"09'S5"W. a distance of 40 74 feet in a found 5M inch drarneter iron pin stamped"RLS M A8' Theme N.00`1d'55"E„a distance of 38.42 feet to a found S18 inch diameter beat iron pin wfthout a cap on the SouMarrr Right-of•Way of East Lake Hazel Road; Thence N.W25'38"E„a distance of 25.16 fast to a found 518 inch diameter bent Iron pin wrthout a cap an the Northern bvunda ry of said NE f14; Thence along said Na lhern boundary,S_89'-%'45"E..a distance of 848_59 feel to the POINT OF BEGIUN1NO. This parcel conlalns 16.25 acres more or less. 67JW907"TO:All exleling rights of way And eawments of reoard or implied appearing on the above- de9Crlted parcel of land. 623 11 th Ave.SotAk Nampa.1D a3651 •T.(2 A)442-0115'C-(208)608-2510 v rgmy.als@pmA.com Page 14 a 6� o <r e P y J 4 Q] 4� s A 1� Raap Ranch Annexation Closure 21 r2023 Scaie; 1 inch=221 feet File: Raap Ranch ArnnexaUon Closure 0 222023.nd Trod 1.1C2532 Acres,airsu e.M9.9224w b.b1 tL vwls 05F,Perlmemr-Asw tL 01 810_1952e 25.52 1U n06.0S%N 40.7d 02sOUSSie 546.33 11 nOb.W55a 39.42 03 a6U2b31a 1213.7 12 nob.2S36e 2S.l6 04a06" a45.93 13sW.564Se B18.59 05 n19.M7w 27.51 06 n22.3R24w 1518.71 07o25.1214w t35.17 M LA,rn200.DD,aama-G"AOM,cwps=n47_r221w TOM Page 15 C. Preliminary Plat(dated: 3/25/24 2„zr15/24) PRELIMINARY PLAT KEEP WEST SUBDIVISION 1614 . ! i i;"��I:�p� ;i��l ili_ III II II •.�.:.0 P�.I�� 00 �ly subd w. PP-1 Page 16 D. Common Driveway Exhibit(dated: '",�3/25/24) COMMON DRIVE EXHIBIT Aft KEEP WEST SUBDIVISION Vim.I w ---------r----------- i ih Arl — � i - , I .. , PA1F1•EIIfYlI1L11 TABLE w�a- Sbd . ' I I it EXH-2.0 COMMON DRIVE EXHIBIT w BEEP WEST SUBDIVISION -------------- -f----------, 4 - I g i y a'A•� -rmz--- r--------- d_ •� I I.., � — ._ _ isPP�:ePP eBrHrtcr WPA��2T� ouuvreeu� Li Seep west ,bd-. Page 17 E. Landscape Plan(dated: 1,19/2024 3/25/24) �EREo REMEMs � E. _� LL I J I I osr�ol � I' I � I IF I I I I I I I I —.�.. .o I ---------------------------------------------------------- ovEanu � n!'LTLT1- L10Q ! oe� m - _ 11 I I .ary.� I !1 1 I I I I I ••I� _ _ 1 - _— I I 3 Page 18 1'. "AllInCe 1. I r - '�l 7 '1 ._._._._._._._. .J. kr 11 I I _ . I I i II I i � -------------------------------------- -- -------- - L102 HID II, r lJ L__J 3 Oi1. � .4,...�. ....e 5 G. [u�oNaa�m;�fs�»ceenne•.,- 3 L150 Page 19 OPEN SPACE EXHIBIT KEEP WEST SUBDIVISION 00 q 7— j j Subd- EXH-1 �Z. ilL i will 4 :J r Page 21 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. 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, common driveway exhibit, landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The applicant shall provide a covered pavilion(picnic area) and sports court for pickle ball as amenities for the Keep West subdivision as proposed in the preliminary plat. c. The existing home shall 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. 2. The final plat shall include the following notes and revisions: a. Lots 27, 30 and 39,Block 1 are non-buildable common lots and will be owned and maintained by the Keep No. 2 Subdivision Homeowners Association. b. Plaee the landseape btt�r-along E. Lake 14aze!Read in a eammon let. lots on the plat. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Inelude mitigation infefmation for-all existing tfees being removed ffem the site in aseer-d with isted in UDG 17-3B-�T b. Provide landseaping along both sides of the pathway per-UDG 11 3B 12.G e. Extend the pathway an Lot 34,Bleek 1 to the eul de sae instead of having it dead end at Lot nn -Bleev i 4. The common driveways for Lot 22,a d 23,27 and 28 Block 3 shall comply with the standards listed in UDC 11-6C-3D and the exhibit in Section VIII.C. 5. The address of the existing home shall change with development of the subdivision. 6. The Applicant shall obtain a Council waiver to allow the Farr Lateral to remain open in a natural state at the Council hearing,per UDC 11-3A-6. Written documentation from the Boise Board of Project Control approving the tiling of the Grimmett Lateral is required prior to signature on the final plat OR leave it open in a natural state if allowed.This document shall be submitted 15 days prior to the City Council hearing. 7. The appheant shall submit a revised plat map,fifteen days pr-*or-to the City Couneil meeting, showing the eul de sae does not exeeed t' "50 feet in length- Page 22 8. Except the existing home located at 6519 S.Raap Ranch Lane, all other existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 9. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 10. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,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 this title. B. PUBLIC WORKS https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=330390&dbid=0&r0o=MeridianC hty C. PARK'S DEPARTMENT https:llweblink.meridiancioy.orklWebLink/Doc View.aspx?id=330381&dbid=0&repo=MeridianC D. FIRE DEPARTMENT https:llweblink.meridiancity.orgj ebLink1DocView.aspx?id=330404&dbid=0&repo=MeridianC E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:11weblink.meridiancity.org/WebLink/DocView.aspx?id=330749&dbid=0&repo=MeridianC hty F. ADA COUNTY https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=331610&dbid=0&repo=MeridianC hty G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.orglWebLink/Doc View.aspx?id=330390&dbid=0&repo=MeridianC hty H. BOISE PROJECT BOARD OF CONTROL https:11weblink.m eridia n c i ty.org/WeUink/DocView.aspx?id=331610&dbid=0&rep o=Meridia n C ky Page 23 FINDINGS A. Annexation and/or Rezone(UDC 11-5B-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; Commission finds the 4pplicant's request to annex the subject property with R-2 zoning and develop single-family detached dwellings on the site at a gross density of 1.46 units per acre is generally consistent with the Comprehensive Plan per the analysis in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the proposed map amendment to R-2 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; Commission 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 Commission finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the city. 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) Commission finds the proposed plat is in conformance with the UDC and generally conforms with the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 24 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Commission finds the proposed plat is in conformance with scheduled public improvements in accord with the City's capital improvement program. 4. There is public financial capability of supporting services for the proposed development; Commission 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 Commission 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) Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 25 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to Treasure Valley Drilling, PLC for Construction of Production Well #34 project for the Not-To-Exceed amount of$977,670.00 C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: April 23, 2024 Presenter: Consent Estimated Time: 5-10 Min. Topic: Approval of Construction Contract to Treasure Valley Drilling, LLC for Construction of Production Well# 34 project for the Not-To-Exceed amount of$977,670.00. Recommended Council Action: Approval of Construction Contract for Construction of Production Well# 34 with resulting Purchase Order and authorize the Procurement Manager to sign. Background: This contract is the result of Formal Bid# PW-2415-10634.e. Two (2) bids were received. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 3/8/2024 REQUESTING DEPARTMENT Public Works Project Name: Production Well#34(Construction) Project Manager: Brent Blake Contract Amount: $977,670 Contractor/Consultant/Design Engineer: Treasure Valley Drilling, LLC Is this a change order? yes ❑ No ❑✓ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department: 3490 Yes 0 No ❑ Construction 0 GL Account: 96179 FY Budget: FY24 Task Order ❑ Project Number: 10634.e Enhancement: Yes 21 No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑� No ❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category N/A (Bid Results Attached) Yes ❑ No 0 (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: N/A Typical Award Yes ❑✓ No ❑ If no please state circumstances and conclusion: Date Award Posted: Wednesday April 3,2024 7 day protest period ends: Thursday April 10,2024 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License: 046777&IDWRWD License:S60 Expiration Date: 2/28/2025 Corporation Status: Active-Existing Insurance Certificates Received(Date): TBD Expiration Date: TBD Rating: TBD Payment and Performance Bonds Received(Date): TBD Rating: TBD Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Lowest responsive and qualified bid. Kyle Radek 3/8/2024 Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: April 12,2024 Approval Date April 23,2024 By: City Council Purchase Order NO.: TBD Date Issued: TBD WHS submitted: TBD (Only for PW Construction Projects) NTP Date: TBD Contract Request Checklist.5.24.2016.Final CONTRACT FOR PUBLIC WORKS CONSTRUCTION CONSTRUCTION OF PRODUCTION WELL# 34 PROJECT# 10634.e THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 3rd Day of Aril, 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, Treasure Valley Drilling, LLC, hereinafter referred to as "Contractor", whose business address is 5840 Adams Rd., New Plymouth, ID 83655 whose Public Works Contractor License # is PWC-C-046777 and Idaho Department of Water Resources Well Drillers License # is 560. INTRODUCTION WHEREAS, the City has a need for construction services involving the Construction of Production Well#34 per established plans and specifications; and WHEREAS, the Contractor is specially trained, experienced and competentto perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If anysuch work is copyrightable, the Contractor may copyright the same, except that, asto any work which is copyrighted by the Contractor, the City reserves a royalty-free, non- exclusive, and irrevocable license to reproduce, publish and use such work, orany part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and City laws, ordinances, regulations and resolutions. The Contractor Construction of Production Well# 34 Project#10634.e represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of$977,670.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. Construction of Production Well# 34 Project#10634.e 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 180 (One Hundred and Eighty) calendar days from date of Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefitof the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this timeperiod in the amount of $500 (Five Hundred Dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 210 (Two Hundred and Ten) calendar days to complete the work as described herein. Contractor shall beliable to the City for any delay beyond this time period in the amount of $500 (Five Hundred Dollars) per calendar day. Such payment shall be construed tobe liquidated damages by the Contractor in lieu of any claim or damage because ofsuch delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, Contractor, its officers, employees, or agents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate of such termination. Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe City for damages sustained by the City by virtue of any breach of this Agreement by Contractor, and the City may withhold any payments to Contractor for the Construction of Production Well#34 Project#10634.e purposes of set-off until such time as the exact amount ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of bliability to the City for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent Contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation ofthe personnel of the City in the performance of this agreement shall be made bythe City. 6.1 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Contractors and not as employees of the City. 6.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-Contractors be licensed per State of Idaho Statute # 54-1901. 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 Contractor shall indemnify and save and hold harmless City and it'selected officials,officers,employees, agents,and volunteers from and for any and all losses, claims, actions,judgments for damages, or injury to persons or propertyand losses and expenses and other costs including litigation costs and attorney'sfees, arising out of, resulting from, or in connection with the performance of this Agreement by Construction of Production Well# 34 Project#10634.e the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain, and specificallyagrees that it will maintain, throughout the term of this Agreement, liabilityinsurance, in which the City shall be named an additional insured in the minimumamounts as follow: General Liability One Million Dollars ($1,000,000) per incidentor occurrence, Automobile Liability Insurance One Million Dollars($1,000,000)perincident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmlessCity from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs,agents, representatives or subContractors and resulting in or attributable topersonal injury, death, or damage or destruction to tangible or intangible property, including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10)days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City PurchasingAgent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained bythe Cityor the City's elected officers, officials, employees and volunteers shall be excess ofthe Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Construction of Production Well#34 Project#10634.e 9.6 All insurance coverages for subContractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subContractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the Contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY AND CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. Construction of Production Well# 34 Project#10634.e 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a Contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridianCity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated m site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the Contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information asthe City may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four(4)years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. Construction of Production Well# 34 Project#10634.e 18. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other datarelating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents as employees on any job under any such contract except where under such contracts fifty (50) or less persons are employed, the Contractor may employ ten percent (10%) nonresidents, provided, however, in all cases employers must give preference to the employment of bona fide residents in the performance of said work. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. Construction of Production Well# 34 Project#10634.e 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent of City. 28. Payment Request: Payment requests shall be submitted to City of Meridian Project Manager. The Project Manager will compare the invoice against thePayment Schedule in the Agreement for compliance. Upon approval that the workhas been done and is in compliance with the Agreement, the Project Manager willapprove the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the IdahoTax Commission and Surety have been received by the City. Construction of Production Well# 34 Project#10634.e 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. Certifications. Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies: A. That Contractor is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. B. That Contractor is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Construction of Production Well# 34 Project#10634.e CITY: CONTRACTOR: City of Meridian Treasure Valley Drilling, LLC Procurement Manager Attn: Trisha Post 33 E Broadway Ave. 5840 Adams Rd., Meridian, ID 83642 New Plymouth, ID 83655 208-489-0417 Phone: 208-465-6100 Email: tvdrilling@gmail.com Public Works Contractor License#: PWC-C-046777 IDWR Well Drillers License#: 560 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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: TREASURE VALLEY DRILLING, LLC: BY: BY: KEITH WATTS, Procurement Manger TRIS .'A POST, Principal DATED: 4-23-2024 DATED: �✓ ��� � Project Manager Brent Blake Construction of Production Well#34 Project#10634.e EXHIBIT A SPECIFICATIONS / SCOPE OF WORK REFER TO INVITATION TO BID (PKS-2415-10634.e) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS INCLUDED IN THE INVITATION TO BID PACKAGE (PW-2415-10634.e), ARE BY THIS REFERENCE MADE A PART HEREOF. All construction work shall be done in accordance with the current versionof the Idaho Standards for Public Works Construction (ISPWC), the 2013City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). A 24-inch diameter surface casing (mild steel)will be installed to 50 feet bgs and sealed with a cement/bentonite grout mix. The new well will be constructed inside a nominal 23- inch diameter borehole. The well will be constructed using 750 feet of 17.4-inch pipe O.D. (18.7-inch coupler O.D.), blank, Certa-Lok PVC Well Casing supplied by CertainTeed Corporation. Centralizers will be installed at each joint (across each coupler; every 20 feet). The annular space between the PVC casing and 23-inch borehole will be sealed using a cement/bentonite grout mix to 750 feet bgs. Following PVC casing installation, a 15-inch diameter borehole will be advanced from 750 feet bgs to 820 feet bgs. 85 feet of 10-inch "telescope" (8.75-inch I.D.), 0.030-inch aperture (subject to change based on sieve results from drill cuttings collected during drilling the borehole for the production well), 304L stainless steel, wire wrap, Hi-Flow(Hi- Q) well screen manufactured by Johnson Screens/US Filter will be installed inside the 15-inch nominal diameter borehole from 735 feet to 820 feet. Stainless steel centralizers will be welded to each screen joint (every 20 feet). A stainless-steel packer assembly will be installed between the blank PVC casing and stainless-steel screen, with the top of the packer assembly at approximately 730 feet bgs. See the following separate attached documents: • 5 - Drawings-Plans for Construction of Production Well# 34. • 6 - Technical Specifications for Construction of Production Well# 34 Construction of Production Well# 34 Project#10634.e EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Contract shall not exceed $977,670.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 180 Days From Date of NTP Milestone 2 Final Completion —4210 Days From Date of NTP PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for Construction of Production Well# 34. NOT-TO-EXCEED AMOUNT.............................................$977,670.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by City.The City will pay the Contractor based on actual quantities of each item of work in accordance with the contract documents. CONTRACT PRICING SCHEDULE Item No. Description Quantity Unit Unit Price Total Cost 1 Permitting/Mobilization/Demobilization/Cleanup. 1 LS $65,000.00 $65,000.00 2 Furnish and Install 24-Inch Surface Casing 55 LF $1,125.00 $61,875.00 and Seal and Complete the Well Head. 3 23-Inch Direct Mud Rotary Borehole Drilling. 750 LF $480.00 $360,000.00 4 Caliper Log of the 23-Inch Borehole. 1 LS $7,500.00 $7,500.00 Furnish and Install 17.4-Inch Pipe O.D. (18.7- Inch Coupler O.D.), 15.1-Inch Minimum 5 I.D., Blank, Certa-Lok PVC Well Casing as 750 LF $248.00 $186,000.00 Supplied by Certain Teed Corporation or Approved Equivalent as Determined and Approved in Writing by the City. Construction of Production Well# 34 Project#10634.e Seal the Annular Space Between the 23-Inch Borehole and PVC Casing From 8 Feet Bgs to 6 720 Bgs Using a Bentonite/Cement Grout Mix 742 LF $85.00 $63,070.00 and From 720 to 750 Feet Bgs Using 3/4-Inch Bentonite Chips (Baroid or Approved Equivalent). 7 15-Inch Direct Mud Rotary Borehole Drilling. 70 LF $320.00 $22,400.00 8 Borehole Geophysical Survey and 1 LS $7,500.00 $7,500.00 Caliper Log of the 15-Inch Borehole. 9 Furnish and Install Stainless Steel 85 LF $300 $25,500.00 Wire-Wrap Well Screen Assembly. 10 Furnish and Install Premier Silica 85 LF $85.00 $7,2250.00 Sand Filter Pack. 11 Furnish and Install Stainless Steel Packer. 1 LS $16,500.00 $16,500.00 12 Furnish, Install, and Remove Test Pump. 1 LS $25,000.00 $25,000.00 13 Mechanical and Pump Development. 120 HR $650.00 $78,000,00 14 Test Pumping. 40 HR $650.00 $26,000.00 15 Video Log. 1 LS $1,000.00 $1,000.00 16 Disinfection. 1 LS $9,500.00 $9,500.00 17 Rig Time. 24 HR $650.00 $15,600,00 CONTRACT TOTAL: $977,670.00 Construction of Production Well#34 Project#10634.e E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Landscape Maintenance Services Amendment No.9 to Lawn Co. for Landscape Maintenance Services for Fiscal Year 2024 services for the Not-to-Exceed amount of $259,200.00 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: April 12, 2024 Presenter: N/A Estimated Time: 0.00 Topic: Landscape Maintenance Services Amendment No.9 for FY24 Services Recommended Council Action: Approve contract amendment to Lawn Co. for Landscape Maintenance services for FY24 for the Not-to-Exceed amount of$259,200.00 and authorize the Procurement Manager to sign the Purchase Order for the No-to-Exceed amount of$259,200.00. Background: FY24 is the final year to this service contract with Lawn Co. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 4/12/2024 REQUESTING DEPARTMENT Pars & Rec Project Name: Landscape Maintenance Services Project Manager: Roger Norberg Contract Amount: $259,200 Contractor/Consultant/Design Engineer: Lawn Co. Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 1 Budget Available(Purchasing attach report): Department 5210 Yes ❑� No ❑ Construction ❑ GL Account 55704 FY Budget: 2024 Task Order ❑ Project Number: 10151.c Enhancement: Yes ❑ No 0 Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ✓❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/a N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Active-Good Standing Insurance Certificates Received(Date): Expiration Date: Rating: Payment and Performance Bonds Received(Date): N/A Rating: Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: 4.12.2024 Approval Date 4-23-2024 By: City Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 5210 - Parks Division 01 - General Fund From 10/1/2023 Through 9/30/2024 Budget with Current Year Budget Amendments Actual Remaining OPERATING COSTS 55704 Contracted Services 363,836.52 95,505.13 268,331.39 Total OPERATING COSTS 363,836.52 95,505.13 268,331.39 DEPT EXPENDITURES 363,836.52 95,505.13 268,331.39 TOTAL EXPENDITURES 363,836.52 95,505.13 268,331.39 Date: 3/21/24 09:48:11 AM Page: 1 IDIAN:--- IDAHC CITY OF MERIDIAN CONTRACT AMENDMENT No 9 LAWN CO. For LANDSCAPE MAINTENANCE SERVICES CONTRACTOR NAME: DEPARTMENT NAME: Lawn Cc Parks ADDRESS: ADDRESS. 2581 Wildwood 33 E Broadway Ave. Boise, ID 83713 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract Name: Landscape Maintenance Services Project No.: 10151.c Previous Amendment Date: 7/20/2023 Previous Amendments: 8 Current Contract Dates: START: 10/24/2023 COMPLETION: 1111/2024 Current Contract Amount(Inclusive of Previous Amendments to Date): $868,618.20 AMENDMENT TO FXERC! E OPTION TO RENEW (Check all that Apply) _Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount Other:(Explain) DESCRIPTION-OT-REASON-FOR AMENDMENT:(Attach aff relevant ocumentat on detaffng-amendment): Amendment for FY24 services for all locations for Price Code 1 =$207,140,00 and Price Code 3 =$52,060.00. Amounts differ from the amounts listed on Exhibit A because as of 4.11.2024, payments have already been applied to FY24. Amending original contract term date and all amendments to date; per contract dated 2.7.2020 contract to expire 11/2024. However, a new contract will be in place on 10/1/2024. New contract expiration/completion date is as follows: September 30 2024. NEW CONTRACT INFORMATION: Amendment Date: 4/11/2024 New Contract Dates: START: 10/1/2023 COMPLETION: 9/30/2024 Amount of Amendment Change $259,200.00 Current Contract Amount(inclusive of Previous Amendments to Date): $1,127,818.20 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN LAW CO. BY: BY: Keith Watts, Procurement Manager Tad Cork, Ow er Dated: Dated: /z Exhibit A MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed the amounts listed in the below Pricing Schedule. PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SERVICES REQUESTED. Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Execution Task PRICE CODE 1 Date Amount 1 TOTAL YEAR ONE 1 for approx. 30 weeks: Price Code 1 2020 $147,450.00 2 TOTAL YEAR TWO 2 for 36 weeks: Price Code 1 2021 $176,940.00 3 TOTAL YEAR THREE 3 for 36 weeks: Price Code 1 2022 $182,340.00 4 TOTAL YEAR FOUR 4 for 36 weeks: Price Code 1 2023 $225,392.20 5 TOTAL YEAR FIVE for 36 weeks: Price Cade 1 2024 $263,228.20 PRICE CODE 2 6 TOTAL YEAR ONE 1 for a2prox. 30 weeks: Price Code 2 2020 $19.200.00 7 TOTAL YEAR TWO 2 for 36 weeks: Price Code 2 2021 $23,040.00 8 TOTAL YEAR THREE 3 for 36 weeks: Price Code 2 2022 $23,740.00 9 TOTAL YEAR FOUR 4 for 36 weeks: Price Code 2 2023 $30,094.20 10 TOTAL YEAR FIVE (5)for 36 weeks: Price Code 2 2024 $30,904.20 ITEMS 1-10 Total And Complete Compensation Not To Exceed $1,122,328.80 OPTIONAL WORK The pricing schedule below shall be utilized if inco orated by written Contract Amendment. Execution Task ALTERNATE BID A Date Amount TOTAL YEAR ONE(1)for approx. 30 weeks: Price Code 1 3 2020 $46,800.00 2 TOTAL YEAR TWO 2 for 36 weeks: Price Code 3 2021 $56,160.00 3 TOTAL YEAR THREE 3y for 36 weeks: Price Code 3 2022 $57,845.00 4 TOTAL YEAR FOUR(4}for 36 weeks: Price Code 3 2023 $62,472.60 5 TOTAL YEAR FIVES for 36 weeks: Price Code 3 1 2024 $64,346.40 Total Alternate Bid A Not To Exceed Amount $287,624.00 Execution Task ALTERNATE BID E Date Amount 1 Ten Mile Interchange Trash Removal Offseason (Monthly) Yr. 1-5 $345.00 per month 2 Fother ill Pathway Trash Removal Offseason(Monthly) Yr. 1-5 $140.00 per month 3 City Hall Trash Removal Offseason(Weekly) Yr. 1-5 $35.00 per week 4 Split Corridor Trash Removal Offseason (Weekly) Yr. 1-5 $50.00 per week 5 Generations Plaza Trash Removal Offseason (Weekly) Yr. 1-5 $35.00 per week 6 All Contract Sites Trash Removal Offseason (Monthly) Yr. 1-5 $345.00) er month $3,930.00 Total Alternate Bid B Not To Exceed Amount . per off season CITY OF MERIDIAN Purchase Requisition CiWE IDIAN Purchasing Department ®- DATE OF 2/8/2024 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 7 MERIDIAN, ID 83642 Parks PURCHASE ORDER NUMBER MUST APPEAR ON • TEL: (208)489-0417 SLIPS,CARTONSAND CORRESPONDENCE RELATED TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT $288,231.39 IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR LawnCo NO 2581 Wildwood St Boise ID 83713 CITY SUPPORT TICKET NO. PROJECT MANAGER PAYMENT TERMS FREIGHT TERMS- F.O.B. REQUESTOR Roger Norberg NET 30 PREPAID DESTINATION Roger Norberg PROJECT NAME: LawnCo PC 1 and 3 2024 Maintenance Budget Conttact Ends 9/30/2024 Description of Purchase Quantity and Pricing ACCOUNTINGCODES DESCRIPTIONPART NUMBER • QTY UNIT UNIT PRICE FUND OR PROJECT/ TOTAL AMOUNT TASK ORDER CONTRACT/PROJECT DESCRIPTION CODE GLACCOUNT# COMMITMENT#j Base Budget 2024 Price Code 1 1 ea $ 207,140.00 1 5210 55704 $ 207,140.00 Base Budget 2024 Price Code 3 1 ea $ 52,060.00 1 5210 55704 $ 52,060.00 $ - $ - NOTES: Council Approval Date: 10/1/2023 $259,200.00 Mike Barton AUTHORIZED DEPARTMENT SIGNATURE How to fill out the Purchase Requisition. Fill in the SHIP TO DEPARTMENT NAME. This is the name of the requesting department and where the product will be shipped If the Ship To location is somewhere other than the department location, please enter that address in the lines below the department name and highlight it. Fill in the DATE OF REQUEST located in the box on the right hand side of the form. Fill in the amount of budget available for this commitment. Is a budget amendment required to fund this request? Answer YES or NO. Enter the name of the SUGGESTED VENDOR. Please check with FINANCE to verify that the City of Meridian has the vendor set up as an account. If the vendor is not set up, request that a W-9 form be submitted to FINANCE before placing the order. If PURCHASING receives this Purchase Requisition and the vendor is not set up,an order processing delay occurs If vendor will be determined by procurement process,enter"TBD" CITY SUPPORT(JITBIT)TICKET NO is entered by purchasing staff. Enter the PROJECT NAME,TASK ORDER NAME AND NUMBER and/or PROJECT/COMMITMENT NUMBER Enter the name of the PROJECT MANAGER and REQUESTOR. Under"PART NUMBER/DESCRIPTION/COMMITMENT NAME /TASK ORDER/CONTRACT/PROJECT DESCRIPTION Enter the COMMITMENT NAME,TASK ORDER or PROJECT DESCRIPTION, Part Number or Description of Item being purchased If you have more than one item,enter each on a separate line. Enter the QUANTITY for each line item. Enter the UNIT and UNIT PRICE for each line item. (Task orders and contracts should be listed as CITY 1 and UNIT EA. Unit price and total will be equal.) ACCOUNTING CODES Enter the FUND that you want the expense to impact 1) The FUND number will be either: (a) 01,07,08, 20,55,or 60 depending on what FUND the budget is in Enter the DEPARTMENT CODE you want the expense to impact 1) The DEPARTMENT CODE is a 4 digit number that corresponds to your department Enter the GL ACCOUNT NUMBER(Expense Account)for each item. 1) The GL ACCOUNT NUMBER(Expense Account) is the 5 digit number where the budgets are located Enter the PROJECT CODE/COMMITMENT#you want the expense to impact 1) The PROJECT CODE/COMMITMENT is an alpha numeric code that identifies a specific project or commitment to charge all expenses to INFORMATION ONLY The FUND, DEPARTMENT CODE,GL ACCOUNT NUMBER,AND PROJECT CODE make up the accounting code for your request. The accounting code will hold the budget dollars and actual expenses for your PO request. Accuracy is important as the resulting PO encumbers this accounting code(budget line item). Not all requests will have a project number. Call Purchasing if you are unsure. This form will automatically total your request. In the NOTES field add any information that you feel is significant. AUTHORIZED DEPARTMENT SIGNATURE Each department has a list of employees and amounts that they are authorized to sign for. Please make sure that the authorized department personnel signs the form. The completed and signed form must be submitted to Purchasing, along with the required support documents via a CITY SUPPORT(JITBIT)ticket. PRINT AND SUBMIT ONLY PAGE 1(NOT THESE INSTRUCTIONS) How to fill out the Purchase Requisition. Fill in the SHIP TO DEPARTMENT NAME. This is the name of the requesting department and where the product will be shipped If the Ship To location is somewhere other than the department location, please enter that address Fill in the DATE OF REQUEST located in the box on the right hand side of the form. Fill in the amount of budget available for this commitment. Is a budget amendment required to fund this request? Answer YES or NO. Enter the name of the SUGGESTED VENDOR. Please check with FINANCE to verify that the City of Meridian has the vendor set up as an account. If the vendor is not set up, request that a W-9 form be submitted to FINANCE before placing the orc If PURCHASING receives this Purchase Requisition and the vendor is not set up,an order processing If vendor will be determined by procurement process,enter"TBW CITY SUPPORT(JITBIT)TICKET NO is entered by purchasing staff. Enter the PROJECT NAME,TASK ORDER NAME AND NUMBER and/or PROJECT/COMMITMENT NUMBER Enter the name of the PROJECT MANAGER and REQUESTOR. Under"PART NUMBER/DESCRIPTION/COMMITMENT NAME /TASK ORDER/CONTRACT/PROJECT DESCRIPTI Enter the COMMITMENT NAME,TASK ORDER or PROJECT DESCRIPTION, Part Number or Descriptic If you have more than one item,enter each on a separate line. Enter the QUANTITY for each line item. Enter the UNIT and UNIT PRICE for each line item. (Task orders and contracts should be listed as CITY 1 and UN ACCOUNTING CODES Enter the FUND that you want the expense to impact 1) The FUND number will be either: (a) 01,07,08,20,55,or 60 depending on what FUND the budget is in Enter the DEPARTMENT CODE you want the expense to impact 1) The DEPARTMENT CODE is a 4 digit number that corresponds to your department Enter the GL ACCOUNT NUMBER(Expense Account)for each item. 1) The GL ACCOUNT NUMBER(Expense Account) is the 5 digit number where the budgets are local Enter the PROJECT CODE/COMMITMENT#you want the expense to impact 1) The PROJECT CODE/COMMITMENT is an alpha numeric code that identifies a specific project or INFORMATION ONLY The FUND, DEPARTMENT CODE,GL ACCOUNT NUMBER,AND PROJECT CODE make up the accounting code for y The accounting code will hold the budget dollars and actual expenses for your PO request. Accuracy is important as the resulting PO encumbers this accounting code(budget line item). Not all requests will have a project number. Call Purchasing if you are unsure. This form will automatically total your request. In the NOTES field add any information that you feel is significant. AUTHORIZED DEPARTMENT SIGNATURE You may remove the highlight in the signature boxes. It makes Each department has a list of employees and amounts that they are authorized to sign for. Please make sure that the authorized department personnel signs the form. The completed and signed form must be submitted to Purchasing, along with the required support documents v PRINT AND SUBMIT ONLY PAGE 1(NOT THESE INSTRUCTIONS) in the lines below the department name and highlight it. ier. delay occurs ON )n of Item being purchased IT EA. Unit price and total will be equal.) :ed commitment to charge all expenses to our request. it easier to write in the area. is a CITY SUPPORT(JITBIT)ticket. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement between Nampa Meridian Irrigation District and the City of Meridian for multi-use pathway along the Tenmile Sub Drain at Foxcroft Subdivision AGREEMENT AGREEMENT,made and entered into this day of ,2024,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the"City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19,2000,recorded as Instrument No. 100102999, records of Ada County, Idaho,hereinafter referred to as the"Master Pathway Agreement;"and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;to enhance the City's pathway planning though early consultation between the City and the District;to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches,property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements and/or fee title property along and across the District's ditches,canals and easements/fee title property therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS,the City is the owner of the real property easement/right of way that is servient to the District's easement/fee title property particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the TEN MILE DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof, and WHEREAS, the City desires approval to construct, install, operate and maintain: 1) a 10' wide pedestrian pathway within the District's easement for the Ten Mile Drain,under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW,THEREFORE,for and in consideration ofthe premises and of the covenants,agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto AGREEMENT-Page 1 agree as follows: 1. The City may construct, operate, maintain and repair: 1) a 10' wide pedestrian pathway within the District's easement for the Ten Mile Drain, within Foxcroft Subdivision No. 3, located in Meridian, Ada County,Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the"Special Conditions"stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with,and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed and the Licensee has caused its name to be subscribed by its duly authorized officer,all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By Greg Curtis,Water Superintendent STATE OF IDAHO ) ss: County of Canyon ) On this day of ,2024,before me,the undersigned, a Notary Public in and for said State,personally appeared GREG CURTIS, known to me to be the Water Superintendent of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: AGREEMENT-Page 2 THE CITY OF MERIDIAN By e tE. Si ison, ayor - 23 - 2024 ATTEST: 90RpT E D q V Ouy, r w s Joh n, Ci Clerk 4 - 23 - 202 fi IDIANII... IDAHO SEAL, STATE OF IDAHO f/,e TREPhSV��,Pv ss : County of Ada ) On this 23rd day of April , 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, the entity that executed the foregoing instrument and acknowledged to me that such entity 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 . CHARLENE WAY Re ry Pu if,c for Ida o Residing at Meridian Idaho COMMISSION No. 87390 My Commission Expires : 3 - 28 - 2028 NOTARY PUBLIC STATE OF IDAHO AGREEMENT - Page 3 EXHIBIT A Legal Description A right-of-way/easement located at or near Foxcroft Subdivision No.3 in the SW 1/4 of the NE1/4 of Section 10,Township 3 North,Range 1 West,B.M.,Meridian,Ada County,Idaho as more specifically described/depicted in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Location of Property/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway,pedestrian bridge and landscaping shall be in accordance with Exhibit C-1,attached hereto and by this reference made a part hereof. b. Licensee acknowledges that the District's easement for the Ten Mile Drain includes a sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or drain,and to access the ditch or drain for said purposes,and is a minimum of 100 feet, 50 feet on either side of the centerline of the ditch or drain facing downstream. c. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 Description for Pathway Easement Foxcroft Subdivision No. 3 March 20, 2024 A portion of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Easement 1 Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02"West, 2655.68 feet; thence on the east-west centerline of said Section 10, North 89036'02"West, 1327.84 feet to the Center-East 1/16 corner of said Section 10; thence on the east boundary line of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10, North 00°03'48" East, 609.34 feet to the POINT OF BEGINNING; thence leaving said east boundary line, North 89045'12"West, 19.84 feet; thence North 86052'23"West, 78.88 feet; thence South 89014"6"West, 506.04 feet; thence North 66057'48"West, 62.84 feet; thence North 13054'29"West, 37.51 feet to the north boundary line of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on said north boundary line, South 89037'19" East, 14.45 feet; thence leaving said north boundary line, South 13054'29" East, 17.97 feet; thence South 40026'08" East, 16.08 feet; thence South 66057'48" East, 33.43 feet; thence South 79"19'35" East, 21.34 feet; thence North 89014'16" East, 551.43 feet; 5 \�NS� 11779 N�3lZo1?,oZ�,r0 OF MCC PN`� Page 1 of 2 Exhibit A-1 , page 1 thence South 85032'14" East, 39.27 feet to the east boundary line of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on said east boundary line, South 00°03'48"West, 16.13 feet to the POINT OF BEGINNING. Containing 10,014 square feet or 0.230 acres, more or less. AND Easement 2 Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89°36'02"West, 2655.68 feet; thence on the east-west centerline of said Section 10, North 89036'02"West, 1327.84 feet to the Center-East 1/16 corner of said Section 10; thence on the east boundary line of the Southeast 1/4 of the Southwest 114 of the Northeast 1/4 of said Section 10, North 00003'48" East, 439.60 feet to the POINT OF BEGINNING; thence leaving said east boundary line, North 89056'12"West, 111.70 feet; thence 21.46 feet along the arc of curve to the left having a radius of 73.50 feet, a central angle of 16°43'39"and a long chord which bears North 20039'00" West, 21.38 feet; thence South 89056'12" East, 100.19 feet; thence North 45003'48" East, 26.97 feet to the east boundary line of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on said east boundary line, South 00003'48" West, 39.07 feet to the POINT OF BEGINNING. Containing 2,480 square feet or 0.057 acres, more or less. 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TRILOGY DEVELOPMENT, INC - - - tz ^�• •-...•.••• Exhibit C-1, page 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Equipment agreement to ECB Solutions, LLC for the Not-to-Exceed amount of $445,000.00 for five (5) Power Transformers at Wastewater Resource Recovery Facility C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: 4/23/2024 Presenter: N/A Estimated Time: 0.00 Topic: Approval of Agreement and Purchase Order (PO) to ECB Solutions, LLC Recommended Council Action: Approval of equipment agreement to ECB Solutions, LLC for five (5) Power Transformers at WRRF and approval for Procurement Manager to sign the PO for the Not-to-Exceed amount of $445,000.00. Background: Agreement and Purchase Order Not-to-Exceed $445,000.00 to ECB Solutions, LLC. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 4.10.2024 REQUESTING DEPARTMENT Public Works Project Name: WRRF Tertriary Filtration&Primary Power Transformers Project Manager: David Briggs Contract Amount: $445,000 Contractor/Consultant/Design Engineer: Stantec Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3590 Yes ❑� No ❑ Construction ❑ GL Account 96154 FY Budget: 2024 Task Order ❑ Project Number: 11281 Enhancement: Yes ❑ No 0 Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. PROCUREMENT USE ONLY-GRANT INFORMATION(to be completed only on Grant funded projects) Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category N/A (Bid Results Attached) Yes No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: Initial low bid was non-responsive Date Award Posted: 4.2.2024 7 day protest period ends: 4.2.2024 VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status UNKNOWN Insurance Certificates Received(Date): 4.9.2024 Expiration Date: 1.12.2025 Rating: A++ Payment and Performance Bonds Received(Date): 4.10.2024 Rating: A++ Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter supervisor Name Date Approve Vill. PROCUREMENT USE ONLY- AWARD INFORMATION Date Submitted to Clerk for Agenda: 4.10.2024 Approval Date 4-23-2024 By: City Council Purchase Order No.: Date Issued: WH5 submitted N/A (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3590 - WW Construction Projects 60 - Enterprise Fund From 10/1/2023 Through 9/30/2024 Budget with Current Year Budget Amendments Actual Remaining Capital Outlay 96154 Filter Upgrade Projects 17,365,696.92 5,726,834.00 11,638,862.92 Total Capital Outlay 17,365,696.92 5,726,834.00 11,638,862.92 DEPT EXPENDITURES 17,365,696.92 5,726,834.00 11,638,862.92 TOTAL EXPENDITURES 17,365,696.92 5,726,834.00 11,638,862.92 Date: 2/13/24 08:09:40 AM Page: 1 WRRF Tertiary Filtration & Primary Pow Legend The green cells with bolded numbers indicate that this bid was the lowest price. The orange cells indicate that this item from that vendor was selected. The green cells with orange outline indicate that this item from that vendor was self has the lowest price. $ 123 acted, and ECB Solu Total Cost $445, # Items QuantityRequired Unit UnitPrice 1 1 75-kVA 208GrdY/120V Transformer 3 EA $49,000.0 2 2500-kVA 480GrdY/277V Transformer 2 EA $ 149,000.0 tions LLC Wisecom Technology '000.0 NON-RESPONSIVE TotalCost UnitPrice TotalCost $ 147,000.0 $ 298,000.0 AGREEMENT FOR THE SUPPLY OF TRANSFORMERS PROJECT #11281.F THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 23rd day of April, 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and SUPPLIER, hereinafter referred to as "ECB SOLUTIONS LLC", whose business address is 669 Centerpointe Cove, Oxford MS 38655. INTRODUCTION Whereas, the City has a need for POWER TRANSFORMERS; 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 Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Invitation to Bid titled "WRRF Tertiary Filtration & Primary Power Transformers" and suppliers bid dated by which by this reference are incorporated herein, together with all addendums issued. 1.2 The SUPPLIER shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The 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 Agreement and that are in effect at the time of performance of this Agreement. Delivery shall take place within x weeks of WRRF POWER TRANSFORMERS page 1 of 19 Project#11281.f 2. Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not-To-Exceed amount of$445,000.00. 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 Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of SUPPLIER. 2.3 Except as expressly provided in this Agreement, 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 Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, SUPPLIER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Invoices Invoices shall be rendered in duplicate and shall include: (1) Purchase Order number; (2) pricing; (3) quantity; (4) description; (5) any sales taxes or use taxes as separate items, giving permit number authorizing collection of use taxes; (6) point of shipment; (7) method and class of shipment; (8) complete routing of shipment; and (9) whether transportation expense has been prepaid. Seller/Contractor/Contractor agrees to make a separate invoice for each order and shipment. Unless otherwise expressly provided in the Purchase Order, all taxes, duties, tolls, fees, import charges, or other governmental exactions shall be deemed included in the purchase price of the supplies and services and the City shall have no liability to pay Seller/Contractor/Contractor or any third party any amount in excess of the specified purchase price. City of Meridian, a local governmental entity of the State of Idaho, is exempt from any Federal Manufacturer's Excise Tax under the provision of Section 4221(a)(4) of the Internal Revenue Code. All invoices shall exclude such excise tax. All invoices shall be sent to the following address: WRRF POWER TRANSFORMERS page 2 of 19 Project#11281.f City of Meridian, Accounts Payable, 33. East Broadway Ave., Meridian, Idaho 83642. 4. Term: 4.1 This agreement shall become effective upon execution by both parties, and shall expire upon (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 Attachment A. 4.2 Should SUPPLIER default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to SUPPLIER. 4.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth in Attachment B of this Agreement on the date due, SUPPLIER, at the SUPPLIER's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 5. Termination: If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving 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. 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 Agreement 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 agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 6. Independent SUPPLIER: 6.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent SUPPLIER, and neither SUPPLIER nor any officer, WRRF POWER TRANSFORMERS page 3 of 19 Project#11281.f employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment 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 agreement shall be made by the CITY. 6.2 SUPPLIER, its agents, officers, and employees are and at all times during the term of this Agreement 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 Agreement. SUPPLIER shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of SUPPLIER in fulfillment of this Agreement. If in the performance of this Agreement 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: a. 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 Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, 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 Agreement by the SUPPLIER or SUPPLIER's WRRF POWER TRANSFORMERS page 4 of 19 Project#11281.f officers, employs, agents, representatives or subSUPPLIERs 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 Agreement. 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. b. 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. 7.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. 7.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. WRRF POWER TRANSFORMERS page 5 of 19 Project#11281.f 8. Bonds: Payment, Warranty and Performance Bonds are required. 9. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for two (2) years against defects in workmanship and materials from the notice of acceptance. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Procurement Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 489-0417 Email: kwatts(o)-meridiancity.org Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 12. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 13. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 14. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state WRRF POWER TRANSFORMERS page 6 of 19 Project#11281.f or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 15.2 SUPPLIER shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: Subject to applicable laws respecting the protection of privacy and the City's requirement to comply with the Idaho Public Records Act, at any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. 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 Agreement. 17. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 18. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Certifications. Pursuant to Idaho Code§§67-2359 and 67-2346,Contractor hereby certifies: WRRF POWER TRANSFORMERS page 7 of 19 Project#11281.f A. That Contractor is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. B. That Contractor is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. 19. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of 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 Agreement. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 24. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. WRRF POWER TRANSFORMERS page 8 of 19 Project#11281.f 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ECB SOLUTIONS LLC BY: BY: Keith Watts, Procurement Manager Ellis Bledsoe, Principal Dated: 4-23-2024 Dated: 4/3/2024 WRRF POWER TRANSFORMERS page 9 of 19 Project#11281.f ATTACHMENT I SPECIFICATIONS / SCOPE OF WORK SECTION 26 12 19 PAD-MOUNTED, LIQUID-FILLED,MEDIUM-VOLTAGE TRANSFORMERS PART1 - GENERAL 1.1 SUMMARY A. Section includes pad-mounted, liquid-filled, medium-voltage distribution transformers, with primary and secondary bushings within air-terminal enclosures. 1.2 DEFINITIONS A. BIL: Basic Impulse Insulation Level. B. Bushing: An insulating structure including a central conductor, or providing a central passage for a conductor, with provision for mounting on a barrier, conducting or otherwise, for the purpose of insulating the conductor from the barrier and conducting current from one side of the barrier to the other. C. Bushing Elbow: An insulated device used to connect insulated conductors to separable insulated connectors on dead-front,pad-mounted transformers and to provide a fully insulated connection. This is also called an "elbow connector." D. Bushing Insert: That component of a separable insulated connector that is inserted into a bushing well to complete a dead-front, load break or nonload break, separable insulated connector(bushing). E. Bushing Well: A component of a separable insulated connector, either permanently welded or clamped to an enclosure wall or barrier, having a cavity that receives a replaceable component (bushing insert)to complete the separable insulated connector (bushing). F. Elbow Connector: See "bushing elbow" above. 1.3 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. The Institute of Electrical and Electronics Engineer, Inc. (IEEE): WRRF POWER TRANSFORMERS Project#11281.f page 10 of 19 a. 386 - IEEE Standard for Separable Insulated Connector Systems for Power Distribution Systems Rated 2.5 kV through 35 kV. b. C2 -National Electric Safety Code. C. C37.47 - IEEE Standard Specifications for High-Voltage (>1000 V) Distribution Class Current-Limiting Type Fuses and Fuse Disconnecting Switches. d. C57.12.00 - IEEE Standard for General Requirements for Liquid-Immersed Distribution, Power, and Regulating Transformers. e. C57.12.26 - IEEE Standard for Pad-Mounted, Compartmental-Type, Self- Cooled, Three-Phase Distribution Transformers for Use with Separable Insulated High-Voltage Connectors (34 500 GrdY/19 920 Volts and Below, 2500 kVA and Smaller). f. C57.12.28 - IEEE Standard for Pad-Mounted Equipment - Enclosure Integrity. g. C57.12.36 - IEEE Standard Requirements for Liquid-Immersed Distribution Substation Transformers. h. C57.12.70 - IEEE Standard for Standard Terminal Markings and Connections for Distribution and Power Transformers. i. C57.12.90—IEEE Standard Test Code for Liquid-Immersed Distribution, Power, and Regulating Transformers. j. C62.11 - IEEE Standard for Metal-Oxide Surge Arresters for AC Power Circuits (>I kV). 2. InterNational Electrical Testing Association (META): a. ATS - Standard for Acceptance Testing Specifications for Electrical Power Equipment and Systems. 3. Nationally Recognized Testing Laboratories (NRTL). 4. American Society of Civil Engineers (ASCE): a. SEI 7— 10 - Minimum Design Loads for Buildings and Other Structures. 5. Department of Energy (DOE): a. 10 CFR 431, Subpart K—Distribution Transformers. 6. National Fire Protection Association(NFPA): 70 7. International Organization for Standardization(ISO): a. 9001, Quality Management Systems Requirements. 8. American Society for Testing and Materials (ASTM): a. A 167 - Specification for stainless steel and heat-resisting chromium-nickel steel plate, sheet, and strip b. D 117 - Standard Guide for Sampling, Test Methods, and Specifications for Electrical Insulating Oils of Petroleum Origin. C. D 877 - Standard Test Method for Dielectric Breakdown Voltage of Insulating Liquids Using Disk Electrodes. d. D 923 - Standard Practices for Sampling Electrical Insulating Liquids. e. D 971 - Standard Test Method for Interfacial Tension of Oil Against Water by the Ring Method. f. D 974 - Standard Test Method for Acid and Base Number by Color- Indicator Titration. WRRF POWER TRANSFORMERS page 11 of 19 Project#11281.f g. D 1500 - Standard Test Method for ASTM Color of Petroleum Products (ASTM Color Scale). h. D 1524 - Standard Test Method for Visual Examination of Used Electrical Insulating Liquids in the Field. i. D 1816 - Standard Test Method for Dielectric Breakdown Voltage of Insulating Liquids Using VDE Electrodes. j. D 3487 - Standard Specification for Mineral Insulating Oil Used in Electrical Apparatus. 9. Underwriters Laboratories (UL): a. 1562 - Standard for Transformers, Distribution, Dry-Type - Over 600 Volts. 10. National Electrical Manufacturers Association(NEMA): a. TR 1 —Transformers, Regulators, and Reactors. 11. Occupational Safety and Health Administration (OSHA): a. 29 CFR 1910.269 - Electric Power Generation, Transmission, and Distribution. 12. Uniform Building Code (UBC): Section 1630, Lateral Force on Elements of Structures,Non-Structural Components, and Equipment Supported by Structures. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product include: I. Rated capacities. 2. Operating characteristics. 3. Furnished specialties. 4. Accessories. B. Shop Drawings: For liquid-filled, medium-voltage transformers: I. Descriptive information for the transformer and all specified components. 2. Dimensional drawings, plans and elevations showing major components and features. a. Plan view. b. Cross-section of equipment base. C. Clearances. d. Required workspace. e. Locations of penetrations for grounding and conduits. 3. Details of equipment assemblies and indicate: a. Dimensions. b. Weights. C. Loads. d. Required clearances. e. Method of field assembly. f. Components. g. Location and size of each field connection. WRRF POWER TRANSFORMERS Project#11281.f page 12 of 19 4. Single-line diagram. 5. List of materials. 6. Nameplate data. 7. Nameplate data. 8. High voltage switch arrangement(one-line diagram) for each transformer, 9. Manufacturer's published time-current curves of the transformer high-voltage fuses,with transformer damage curve, inrush curve, and thru fault current indicated. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For testing agency. B. Product Certificates: For transformers: 1. Signed by product manufacturer. C. Quality Control Submittals: 1. Factory quality control reports. 2. Field quality control reports. 1.6 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70,by a qualified testing agency, and marked for intended location and application. B. Design, test, and assemble in accordance with applicable standards of IEEE C57.12.00, C57.12.22, C57.12.26, C57.12.70, C57.12.80, C57.12.90, and C57.12.92. 1.7 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data for transformer and accessories: 1. Operation manual. 2. Maintenance manual. 3. Emergency manual. 4. Manufacturer's written instructions for preventative maintenance. 5. Time-current curves of overcurrent protective devices. 6. Local Representatives a. Where to order parts: Name, Address, Telephone. b. Service Problems: 1) Who to call. 2) How to get emergency help. WRRF POWER TRANSFORMERS page 13 of 19 Project#11281.f 1.8 EXTRA MATERIALS A. Furnish, tag, and box for shipment and storage the following spare parts, special tools, and materials. 1. One quart of paint to match color and quality of equipment final shop finish. 2. Two spare fuses for each transformer. PART 2 - PRODUCTS 2.1 MANUFACTURERS: A. Eaton B. ABB C. Square D Co. D. General Electric E. Howard Industries, Inc. 2.2 TRANSFORMER SCHEDULE A. Provide three-phase transformers as follows: PRIMARY SECONDARY QUANTITY SIZE VOLTAGE VOLTAGE 3 75-kVA 12,470GrdY/7,200V 208GrdY/120V 2 2500-kVA 12,470GrdY/7,200V 480GrdY/277V 2.3 GENERAL A. Transformer Locations: Outdoors. B. Winding Connections: The connection of windings and terminal markings shall comply with IEEE C57.12.70. C. Efficiency: Comply with 10 CFR 431, Subpart K(DOE 2016). D. Insulation: Transformer kVA rating shall be as follows: The average winding temperature rise above a 30 deg C ambient temperature shall not exceed 65 deg C and 80 deg C hottest-spot temperature rise at rated kVA when tested according to IEEE C57.12.90,using combination of connections and taps that give the highest average winding temperature rise. WRRF POWER TRANSFORMERS page 14 of 19 Project#11281.f E. Tank: Sealed, with welded-on cover. F. Enclosure Integrity: Comply with IEEE C57.12.28 for pad-mounted enclosures that contain energized electrical equipment in excess of 600 V that may be exposed to the public. G. Mounting: An integral skid mounting frame, suitable to allow skidding or rolling of transformer in any direction, and with provision for anchoring frame to pad. H. Insulating Liquids: 1. Mineral Oil: ASTM D 3487, Type II, and tested for compliance with ASTM D 117. a. Retro fillable with homogeneous biodegradable fluid if the Owner decides to do so in the future. I. Sound level shall comply with NEMA TR 1 requirements. J. Corrosion Protection: 1. Transformer coating system shall be factory applied, complying with requirements of IEEE C57.12.28, in manufacturer's standard color Munsell 7GY3.29/1.5 green. K. Warning Labels and Signs: 1. High-Voltage Warning Label: Provide self-adhesive warning signs on outside of high-voltage compartment door(s). Sign legend shall be "DANGER HIGH VOLTAGE" printed in two lines of nominal 2-inch(50-mm) high letters. The word "DANGER" shall be in white letters on a red background and the words "HIGH VOLTAGE" shall be in black letters on a white background. 2. Arc Flash Warning Label: Provide self-adhesive warning signs on outside of high-voltage compartment door(s), warning of potential electrical arc flash hazards and appropriate personal protective equipment required. L. Service Conditions 1. Transformers shall be suitable for operation under service conditions specified as usual service conditions in IEEE C57.12.00. 2.4 THREE PHASE TRANSFORMERS A. Capacities and Characteristics: 1. Self-Cooled Rating, Class ONAN. Comply with IEEE C57.12.00 for cooling class. 2. Power Rating (kVA): As specified herein. 3. Primary Voltage Ratings: 12,470GrdY/7,200V, three-phase, 60-Hz. 4. Secondary Voltage Ratings: 480GrdY/277V and 208GrdY/120V, 60-Hz as specified herein. WRRF POWER TRANSFORMERS page 15 of 19 Project#11281.f 5. Taps: Comply with IEEE C57.12.26 requirements. a. 480GrdY/277V Units: Full capacity, two 2-1/2 percent below and two 2- 1/2 percent above, rated voltage. b. 208GrdY/120V Units: Full capacity, four 2-1/2 percent below rated voltage. C. Externally operated no-load tap changer. d. Provisions for locking handle in any position. 6. Transformer BIL (kV): Comply with IEEE C57.12.26 requirements. a. Primary: 95-kV BIL. b. Secondary: 30-kV BIL (600V or less). B. Windings Material: Copper. C. Impedance: Manufacturer's standard. D. Wye-wye transformers wound on four-or five legged cores. E. Terminal Compartments 1. General: ANSI C57.12.28, enclosed high and low voltage compartments side by side, separated by steel barrier,bolted to transformer tank. Terminal compartment enclosure shall have no exposed screws,bolts, or other fasteners which are externally removable. a. Doors: 1) Individual, full-height, air-filled. 2) Low voltage door with three-point latching mechanism, vault type handle, and single padlocking provision. 3) High voltage door fastenings inaccessible until low voltage door has been opened. 4) Door bolts: Hex-head type. 5) Lift-off, stainless steel hinges and door stops. 6) Removable front sill to facilitate rolling of skidding over conduit stubs. 7) Recessed lock pocket,with steel door release bolt adjacent to secondary compartment door handle. 2. High Voltage Compartment: a. Dead-front in accordance with ANSI C57.12.26 type construction. b. Protective fuses. C. High voltage bushings. d. Transformer grounding pad. e. High voltage switch. 3. Low Voltage Compartment: a. Live front in accordance with ANSI C57.12.26 type construction. b. Low voltage bushings. C. Stainless steel grounding pad. d. Stainless steel equipment nameplate. e. Magnetic liquid level indicator with high and low alarm contacts. WRRF POWER TRANSFORMERS page 16 of 19 Project#11281.f f. 1-inch upper filter press and filling plug. g. Drain valve with sampling device. h. Dial type thermometer and alarm contacts. i. Pressure relief valve. j. Pressure relief device, self-resealing with indicator. k. Pressure-vacuum gauge. 1. Machine-engraved nameplate, made of anodized aluminum or stainless steel. F. Bushings 1. High Voltage: a. Dead-front termination: 1) Universal bushing wells and bushing well inserts rated 15 kV in accordance with IEEE 386. 2) Bushings externally clamped and front removable. 3) Rated for 200 amperes continuous. 4) Standoff brackets located to bushings. 5) Terminations arranged for loop feed. 2. Low Voltage (below 600V): a. Molded epoxy bushing clamped to tank. 6-hole spade-type terminals for units 2,000 kVA and smaller. 8-hole spade-type terminals for 2,500 kVA units. b. Rated 150 percent of continuous full-load current. C. Internally connected neutral extended to neutral bushing. G. High Voltage Switch a. Provide OFF-ON load break, gang operated, oil-immersed switch. b. Hot stick operated handle located in high voltage compartment. C. Capable of operating at full-load current. d. Switch Configuration: Radial. H. High Voltage Protection a. Bayonet-type, liquid-immersed, expulsion fuses in series with liquid- immersed,partial-range, current-limiting fuses. Bayonet fuse shall sense both high currents and high oil temperature to provide thermal protection to the transformer. Connect current-limiting fuses ahead of radial-feed load- break switch. b. Provide oil retention valve and an external drip shield inside the housing to eliminate or minimize oil spills. Valve shall close when fuse holder is removed, and an external drip shield is installed. C. Provide a conspicuously displayed warning adjacent to bayonet fuse(s), cautioning against removing or inserting fuses unless transformer has been de-energized and tank pressure has been released. L Surge Arresters 1. Comply with IEEE C62.11, Distribution Class; metal-oxide-varistor type, fully shielded, separable-elbow type, suitable for plugging into the inserts provided in WRRF POWER TRANSFORMERS page 17 of 19 Project#11281.f the high-voltage section of the transformer. Connected in each phase of incoming circuit and ahead of any disconnecting device. J. Tank Grounding Pads 1. High and Low Voltage Compartments: a. Connected together with bare No. 2/0 stranded copper conductors. b. Wye-wye high and low voltage neutrals internally connected with link and brought out to insulated low voltage bushing externally grounded to tank. C. Low voltage neutral connected to externally mounted insulating bushing in low voltage compartment and grounded to tank with removable strap. K. Tap Changer Warning Sign 1. Red laminated plastic, engraved to white core. 2. Engrave to read DO NOT OPERATE WHEN TRANSFORMER ENERGIZED. 3. Mount above tap changer handle. 2.5 SOURCE QUALITY CONTROL A. Provide manufacturer's certificate that the transformer design tests comply with IEEE C57.12.90. 1. Perform the following factory-certified routine tests: a. Resistance. b. Turns ratio,polarity, and phase relation. C. Transformer no-load losses and excitation current at 100 percent of ratings. d. Transformer impedance voltage and load loss. e. Operation of all devices. f. Lightning impulse. g. Low frequency. h. Leak. i. Transformer no-load losses and excitation current at 110 percent of ratings. J. Induced potential. k. Resistance measurements of all windings on rated voltage connection and at tap extreme connections. 1. Ratios on rated voltage connection and at tap extreme connections. M. Polarity and phase relation on rated voltage connection. n. No-load loss at rated voltage on rated voltage connection. o. Exciting current at rated voltage on rated voltage connection. p. Impedance. PART 3 -EXECUTION (NOT USED) END OF SECTION WRRF POWER TRANSFORMERS page 18 of 19 Project#11281.f Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $445,000. MILESTONE SCHEDULE ESTIMATED PAYMENT SCHEDULE Milestone 1 Submission of all 14 Days from Conditional Notice of Submittals Award 10% Milestone 2 Approval of all Submittals 28 Days from Notice to Proceed 20% Milestone 3 Equipment Delivery 880 Days from Notice to Proceed 60% Approval of Operation & Milestone 4 Maintenance Manual Submittal 910 Days from Notice to Proceed 5% Milestone 5 Final Completion 910 Days from Notice to Proceed 5% PRICING SCHEDULE Furnish all labor, materials, equipment, and incidentals as required for the above-named project, per the attached drawings and specifications. Equipment and Manufacturer's Services EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 75-kVA 208GrdY/120V Transformer 3 EA $49,000.00 $147,000.00 2 2500-kVA 480GrdY/277V Transformer 2 EA $149,000.00 $298,000.00 TOTAL $445,000.00 WRRF POWER TRANSFORMERS page 19 of 19 Project#11281.f w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2448: A resolution vacating the five foot (5') public utilities, pressurized irrigation, and drainage easement located along the interior side lot line of Lots 11 and 12, Block 7 of The Oaks North No. 1 Subdivision, being more particularly described in Exhibit "A"; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-021264 BOISE IDAHO Pgs=7 VICTORIA BAILEY 04/24/2024 10:44 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 24-2448 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION VACATING THE FIVE FOOT (5') PUBLIC UTILITIES, PRESSURIZED IRRIGATION, AND DRAINAGE EASEMENT LOCATED ALONG THE INTERIOR SIDE LOT LINE OF LOTS 11 AND 12,BLOCK 7 OF THE OAKS NORTH NO. 1 SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 9, 2024, the City Council of the City of Meridian held a hearing on the vacation of the five foot (5') public utilities, pressurized irrigation, and drainage easement located along the interior side lot line of Lots 11 and 12, Block 7 of The Oaks North No. 1 Subdivision; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the five foot (5') public utilities, pressurized irrigation, and drainage easement located along the interior side lot line of Lots 11 and 12, Block 7 of The Oaks North No. 1 Subdivision, as fully described in Exhibit"A", is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 23rd day of April, 2024. Approved by the Mayor of the City of Meridian, Idaho, this 23rd day of April, 2024. Easement Vacation—The Oaks North No. 1 Subdivision L11&12 137 H-2024-0004 Attest: Mayor Robert E. Simison 4-23-2024 Chris Johnson, City Clerk4-23-2024 STATE OF IDAHO ) ) ss: County of Ada ) On this 23rd day of April , 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 My Commission Expires: 3-28-2028 Easement Vacation—The Oaks North No. 1 Subdivision L11&12 B7 H-2024-0004 EXHIBIT A ESE CONSULTANTS ENGINEERING • PLANNING • SURVEYING - ENVIRONMENTAL NEW LOT 11 PUBLIC UTILITY, PRESSURE IRRIGATION, AN LOT DRAINAGE EASEMENT VACATION THAT PORTION OF NEW LOT 11,BLOCK 7, RECORD OF SURVEY NO, 14169, RECORDED UNDER RECORDING NUMBER 2023-060382, SITUATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28,TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M,CITY OF MERIDIAN,ADA COUNTY,JDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 1/2"IRON PIN MARKING THE NORTHEAST CORNER OF SAID NEW LOT 11, FROM WHICH A 1/2"IRON PIN MARKING THE SOUTHEAST CORNER OF SAID NEW LOT 11,BEARS 500"43'02"W,A DISTANCE OF 123.55 FEET; THENCE S00"43'02"W,ALONG THE EAST LINE OF SAID NEW LOT 11,A DISTANCE OF 10.00 FEET TO A POINT; THENCE LEAVING SAID EAST LINE N89°22'55"W,A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N89°22'55"W,A DISTANCE OF 5.00 FEET; THENCE 500"43'02"W,A DISTANCE OF 98.53 FEET; THENCE 589°16'58"E,A DISTANCE OF 5.00 FEET; THENCE N00°43'02"E,A DISTANCE OF 98.54 FEET TO THE POINT OF BEGINNING. f L,L �S 904 va F OF CONTAINS:493+/-SQ.FT.(0.11+�-ACRES} �N�OEL CO ESE Consultants, Inc. 3103 W.Sheryl Drive • Suite 100 - Meridian, ID 83642 (208)424-0020 • § , LU § 0 ± , |, Ma / | � � �■ � � � — / i 15 ( �� • $ / / ` Its - — l E � � — I I w § |\| Z | § . U | | | w | � ■ LU | ; ; ESE CONSULTANTS ENGINEERING PLANNING SURVEYING ENVIRONMENTAL NEW LOT 12 PUBLIC UTILITY, PRESSURE IRRIGATION, AND LOT DRAINAGE EASEMENT VACATION THOSE PORTIONS OF NEW LOT 12, BLOCK 7, RECORD OF SURVEY NO.14169, RECORDED UNDER RECORDING NUMBER 2023-060382, SITUATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28,TOWNSHIP 4 NORTH,RANGE 1 WEST, B.M,CITY OF MERIDIAN,ADA COUNTY,IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT NO. 1 COMMENCING AT 1/2" IRON PIN MARKING THE NORTHEAST CORNER OF SAID NEW LOT 12, FROM WHICH A 1/2"IRON PIN MARKING THE SOUTHEAST CORNER OF SAID NEW LOT 12, BEARS S00"43'02"W,A DISTANCE OF 123.46 FEET; THENCE 500°43'02"W,ALONG THE EAST LINE OF SAID NEW LOT 11,A DISTANCE OF 10.00 FEETTO A POINT; THENCE LEAVING SAID EAST LINE N89"2215511W,A DISTANCE OF 5.00 FEETTO THE POINT OF BEGINNING; THENCE CONTINUING N89°22'55"W,A DISTANCE OF 5.00 FEET; THENCE S00"43'02"W,A DISTANCE OF 98.53 FEET; THENCE 589'16'58"E,A DISTANCE OF 5.00 FEET; THENCE NOW43'021E,A DISTANCE OF 98.54 FEETTO THE POINT OF BEGINNING. TOGETHER WITH; EASEMENT NO.2 COMMENCING AT 1/2" IRON PIN MARKING THE NORTHEAST CORNER OF SAID NEW LOT 12, FROM WHICH A 1/2"IRON PIN MARKING THE SOUTHEAST CORNER OF SAID NEW LOT 11, BEARS S00°43'021FW,A DISTANCE OF 123.46 FEET; THENCE SOW43'02"W,ALONG THE EAST LINE OF SAID NEW LOT 12,A DISTANCE OF 10.00 FEETTO A POINT; THENCE LEAVING SAID EAST LINE N89°22'55"W,A DISTANCE OF 55.00 FEETTO THE POINT OF BEGINNING; THENCE CONTINUING 1489-2215511W,A DISTANCE OF 5.00 FEET; THENCE S00°43'02"W,A DISTANCE OF 98.36 FEET; ESE Consultants, Inc. 3103 W. Sheryl Drive Suite 100 Meridian, ID 83642 (208)424-0020 ESE CONSULTANTS ENGINEERING PLANNING SURVEYING - ENVIRONMENTAL THENCE S89°16'58"E,A DISTANCE OF 5.00 FEET; THENCE N00°43'02"E,A DISTANCE OF 98.37 FEET TO THE POINT OF BEGINNING. EASEMENT NO.1 AREA CONTAINS:492+/-SQ. FT.(0.11+/-ACRES) EASEMENT NO.2 AREA CONTAINS:492+/-SQ. FT.(0.11+/-ACRES) y0 S 4Fy �) O O 904 A N�� O OF NO ✓OEL OP 2 OR P o a af i O o Z Ff N <W Y Q MW W q Fe — — — — D W w - - - wQ I�8 RAI �z Y� as yo p � 8 *s0 3 F F J QSS I Fp m 78 $8r ICq � erczt M.zo,nas 3d a J h W M,ZO,C xs 1a IolaA � § p is Adad I „ fAL BC'BSM.ZO,CYAS\T\V{�-•��\\mac\\�\\�\l{ ��� SC'£Zl M.=.£YAS x a� z Ira J Ail PoTU 3.ZO.MN z � WN� -`� o Z W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2449: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2449 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS DEPARTMENT LIAISONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Meridian City Code section 1-7-6(A), the president of the City Council is to appoint a city council member to serve as liaison between Meridian City Council and each of the City departments, and at the City Council meeting on April 23, 2024, City Council President Luke Cavener did make such appointments; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City Council members appointed by City Council President Cavener to serve as liaisons to the respective departments, as follows, shall fulfill the duties of such function as enumerated in Meridian City Code section 1-7-6(B). Luke Cavener: City Clerk Mayor's Office Police Department Anne Little Roberts: Fire Department John Overton: Community Development Department Parks &Recreation Department Liz Strader: Finance Department Human Resources Department Information Technology Department Legal Department Doug Taylor: Public Works Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 23rd day of April, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of April, 2024. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk APRIL 2024 RESOLUTION APPOINTING CITY COUNCIL DEPARTMENT LIAISONS PAGE I OF I E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals , business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit ( you may be interrupted if your topic is deemed inappropriate for this forum ) Name ( please print ) Brief Description of Discussion Topic E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Idaho Gives Week Proclamation w IDIAN:--- IDAHO q'he Office of the Nayor PRO CLAM ATION WHEREAS, nonprofit organizations help build and sustain healthy communities in our state and enhance the quality of life for Idahoans and for others throughout the country and the world; and WHEREAS, over 7,000 charitable nonprofit organizations based in Idaho contribute significantly to our economy by providing services to our communities, employing over 67,000 Idahoans, and producing total revenue of over $8.5 billion; and WHEREAS, nonprofit organizations often fulfill their missions by advocating on behalf of those who cannot advocate for themselves; and, WHEREAS, Idaho's nonprofit leaders often are entrepreneurs, create new solutions to problems, and fill previously unmet needs in the areas of health, recreation, education, research, arts, social services and more; and WHEREAS, Idaho Gives Week serves as a time for Idahoans to join together with one voice on one day to contribute to and amplify the efforts of Idaho nonprofits. THEREFORE, I, Mayor Robert E. Simison, do hereby proclaim, April 29-May 2, 2024 as Idaho Gives ^Week in the City of Meridian and encourage all citizens and residents to continue to recognize and support the many nonprofit organization a hel i our community. Dated this 23rd day of April 2024 Ro er . Si ison, Mayor Luke Cavener, City Council President Liz Strader, City Council Vice-President John Overton, City Council Anne Little Roberts, City Council 4 Doug Taylor, City Council t E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Denim Day for Sexual Assault Awareness Month Proclamation E IDIAN D A Ht, 91he Office of the Mayor PROCLA ," VlA �rlON WHEREAS, the United States Government has declared April as "Sexual Assault Awareness Month" and the Women's and Children's Alliance has declared April 24, 2024 as "Denim Day"; and, WHEREAS, both events are intended to draw attention to the fact that rape and sexual assault remains a serious issue in our society; and, WHEREAS, "Sexual Assault Awareness Month" and "Denim Day" were also instituted to call attention to misconceptions and misinformation about rape and sexual assault, and the problem that many in society remain disturbingly uninformed with respect to issues of assault and forcible rape; and, WHEREAS, with proper education on the matter, there is compelling evidence that we can successfully reduce incidents of this alarming and psychologically damaging crime; and, WHEREAS, the City of Meridian is an important partner in the Women's and Children's Alliance's efforts to educate our community about the true impact of rape and sexual assault. THEREFORE, I, Mayor Robert E. Simison, do hereby proclaim April 24th, 2024 as Denim Day for Sexual..'Alssaua .Awareness Month in the City of Meridian and encourage all citizens to speak out against sexual assault and support local efforts to provide help and healing gertE. hes�rimes. Dated this 23"d day of April, 2024 Rm*son, Mayor Luke Cavener, City Council President Liz Strader, City Council Vice-President I John Overton, City Council Anne Little Roberts, City Council s Doug Taylor, City Council J M - II �/ \ \ o .._ �. �i, E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing to Consider the Purchase of Approximately 11.365 Acres of Real Property Owned by West Ada School District and Described as Lot 11, Block 25 of Cedar Springs Subdivision No. 3 for the Purchase Price of$4,261,875.00 PUBLIC HEARING SIGN IN SHEET DATE : April 23 , 2024 ITEM # ON AGENDA : 15 PROJECT NAME . Consider the Purchase of Approximately 11 . 365 Acres of Real Property Owned by West Ada School District Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Steve Siddoway, Parks &Recreation Meeting Date: April 23, 2024 Director William L. M. Nary, City Attorney/Risk Manager Presenter: Steve Siddoway, Parks &Recreation Estimated Time: 15 Minutes Director Topic: Public Hearing Concerning Purchase and Sale Agreement Between the City and West Ada School District for Lot 11, Block 25, Cedar Springs Subdivision No. 3 Recommended Council Action: Hold a public hearing concerning a proposed Purchase and Sale Agreement ("Agreement") between the City and Joint School District No. 2 dba West Ada School District ("District") to facilitate the City's purchase of approximately 11.365 acres of real property. If, after considering all public testimony,the City wishes to proceed with the Agreement, it is further recommended that the City Council adopt the related budget amendment and resolution included on this same agenda. Background: The District owns approximately 11.365 acres of real property identified as Lot 11, Block 25, Cedar Springs Subdivision No. 3 ("Property"). The Property,which is located immediately to the west of Settlers Park, is no longer needed for school purposes. The City is interested in acquiring the Property for park and recreation purposes, including a community center. The City and the District deem the value of the Property to be $4,261,875 ($375,000 per acre). Funding for the acquisition of the Property would come from the General Fund. The Board of Trustees of the District will hold a public hearing on April 22, 2024, to consider the attached Agreement. The Agreement must be approved by a two-thirds vote of the Board of Trustees and the City Council. Attachments: Location Map Purchase and Sale Agreement REAL ESTATE PURCHASE AGREEMENT BETWEEN CITY OF MERIDIAN AND JOINT SCHOOL DISTRICT NO. 2 DBA WEST ADA SCHOOL DISTRICT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into and made effective on April 23, 2024 (the "Effective Date"), by and between the City of Meridian, an Idaho municipal corporation,whose address is 33 E. Broadway Avenue,Meridian, Idaho 83642 (the"Buyer"or "City"), and Joint School District No. 2 dba West Ada School District, whose address is 1303 E. Central Drive,Meridian,Idaho 83642 (the"Seller"or"District").City and District may be referred to individually as a"Party" or collectively as the "Parties." WHEREAS, the District owns 11.365+/- acres of real property more particularly described as Lot 11 in Block 25 of CEDAR SPRINGS SUBDIVISION NO. 3, according to the official plat thereof,filed in Book 88 of Plats at Pages 10198, 10199, 10200,and 10201, and amended by Affidavit recorded November 23, 2007 as Instrument No. 107156693, Records of Ada County, Idaho (the "Property"); and, WHEREAS,the Property is no longer needed for school purposes; and, WHEREAS,the Property is located adjacent to Settlers Park,which is owned and maintained by the City;and, WHEREAS,the City desires to purchase the Property for park and recreation purposes, including a community center; and, WHEREAS, the City and the District have entered into that certain Interagency Governmental Agreement dated November 6, 2019 (as amended on May 11, 2021, and April 9, 2024),which authorizes the District to convey real property to the City; and, WHEREAS, the City and the District deem the fair market value of the Property to be $4,261,875.00; and, WHEREAS,it would be in the best interests of the District,the City,and the community for the City to acquire the Property for public purposes; NOW, THEREFORE, in consideration of the promises, covenants, representations, and warranties set forth in this Agreement, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as set forth below. 1. Definitions. The following terms have the following meanings when used in this Agreement: Real Estate Purchase Agreement Page 1 "Agreement". This Purchase and Sale Agreement, including all exhibits attached to this Agreement, if any. "Business Day". A day other than a Saturday, Sunday, or any federal holiday. "Closing". The consummation of the Transaction, as evidenced by the delivery of all required funds and documents to Escrow Agent and the disbursement or delivery of such funds and documents by Escrow Agent in accordance with this Agreement and any other consistent instructions. "Closing Date". Closing of this Transaction shall occur as soon as practicable at a date agreed to by the Parties, but in any event no later than May 31, 2024. "Effective Date". The effective date set forth on page one of this Agreement. "Escrow". The escrow to be created in accordance with this Agreement. "Escrow Agent". First American Title and Escrow Company. "Property". Lot 11 in Block 25 of CEDAR SPRINGS SUBDIVISION NO. 3, according to the official plat thereof, filed in Book 88 of Plats at Pages 10198, 10199, 10200, and 10201, and amended by Affidavit recorded November 23, 2007 as Instrument No. 107156693, Records of Ada County, Idaho. "Purchase Price". The total purchase price to be paid by Buyer for the Property, as set forth in Section 3 of this Agreement. "Transaction". The purchase and sale of the Property contemplated by this Agreement. 2. Definitive Agreement for Purchase and Sale of Property. Upon full execution,this Agreement shall be a binding agreement between Buyer and Seller for the purchase and sale of the Property on the terms, conditions and provisions set forth in this Agreement. This Agreement supersedes all other written or oral agreements between Buyer and Seller concerning the Transaction. If Buyer and Seller execute any separate escrow instructions with respect to the Transaction on Escrow Agent's form, as may be modified by Buyer and/or Seller in the sole discretion of each, and if there is any conflict or inconsistency between any provision of such escrow instructions and any provision of this Agreement, the provision of this Agreement shall control. 3. Purchase Price. The Purchase Price shall be $4,261,875.00 to be paid in full at Closing. 4. Title Commitment. Within three (3) days from the Effective Date, Escrow Agent shall issue and deliver to Buyer and Seller a commitment for title insurance with respect to the Property disclosing all matters of record and other matters of which Escrow Agent has knowledge which relate to the title to the Property, detailing Escrow Agent's requirements for closing the Escrow, committing to issue to Buyer an ALTA Standard Owner's Policy of Title Insurance with respect to the Property, and providing legible copies of all instruments referred to in the report(collectively, the "Commitment"). Real Estate Purchase Agreement Page 2 Buyer has fourteen (14) days after the Effective Date or after receipt of the Commitment, whichever occurs later, to review and to object in writing to any easements, liens, encumbrances or other exceptions or requirements in the Commitment(the"Title Objections").If Buyer does not approve the Commitment or object within the time specified, then the condition of title to the Property reflected on the Commitment shall be deemed approved. If the Title Objections are made within the time specified, Seller may, but shall not be required to, attempt to eliminate the matters covered by the Title Objections by or before the Closing Date.If Seller is unable or unwilling,in its sole discretion,to eliminate the matters covered by the Title Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Title Objections that Seller was unable or unwilling to eliminate or terminate this Agreement. 4.1 Amendments to Title Commitment. If the Commitment is amended by Escrow Agent, Escrow Agent shall immediately deliver to Buyer and Seller the amendment and provide legible copies of all additional instruments referred to in the amendment (collectively, the "Amendment"). Buyer has fourteen (14) days from the date of Buyer's receipt of the Amendment or through the Closing Date, whichever occurs earlier, to review and to object in writing to any easements, liens, encumbrances, or other exceptions or requirements in the Amendment which were not disclosed by the Commitment or a previous Amendment(the "Additional Title Objections"). If Buyer does not approve the Amendment or object within the time specified, then the condition of title to the Property reflected on the Amendment shall be deemed approved. If the Additional Title Objections are made within the time specified, Seller may attempt to eliminate the matters covered by the Additional Title Objections by or before the Closing Date. If Seller is unable or unwilling to eliminate the matters covered by the Additional Title Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Additional Title Objections that Seller was unable or unwilling to eliminate or terminate this Agreement. 4.2 Title Insurance Policy.At Closing, Escrow Agent shall commit to issue to and in favor of Buyer or its assigns an ALTA Standard Owner's Policy of Title Insurance with respect to the Property in the amount of the Purchase Price,insuring fee simple title to the Property in Buyer effective on the Closing Date, subject to the standard exclusions and exceptions in such form of policy and any additional exclusions and exceptions approved by Buyer (the "Title Policy"). 4.3 Buyer's Inspection of Property. Buyer and/or their designee have thirty (30) days after the Effective Date (the "Inspection Review Period") to inspect the Property and to conduct, review and approve any investigations, tests, analyses or studies deemed necessary by Buyer to determine the condition and feasibility of the Property for Buyer's purpose (the "Inspection Review"). Seller hereby grants to Buyer and Buyer's agents, employees, and contractors a nonexclusive right and license to enter upon the Property after giving reasonable advance notice to Seller to conduct the Inspection Review.Upon completion of the Inspection Review, Buyer shall restore the Property to its condition existing immediately prior to the Inspection Review. To the extent permitted by Idaho law, Buyer shall indemnify and hold Seller harmless from any loss incurred by Seller resulting from damage to the Property caused by the Inspection Review. If for any reason Buyer determines that the Property is not in a suitable condition or not feasible for Buyer's purpose, Buyer may terminate this Agreement within the Inspection Real Estate Purchase Agreement Page 3 Review Period. If Buyer does not either approve or disapprove the Inspection Review, or otherwise terminate this Agreement prior to the expiration of the Inspection Review Period, then the Inspection Review shall be deemed approved. 5. Closing. 5.1 Time and Place.Closing shall take place in the offices of Escrow Agent,or any other place the Parties mutually select, on the Closing Date. 5.2 Seller's Closing Deliveries.At Closing, Seller shall deliver to Escrow Agent: 5.2.1 A Warranty Deed fully executed and properly acknowledged by Seller, conveying the Property to Buyer, free and clear of any mortgages, liens or deeds of trust. 5.3 Buyer's Closing Deliveries.At Closing, Buyer shall deliver to Escrow Agent: 5.3.1 Payment in full for the Purchase Price. 5.4 Closing Costs. Buyer shall pay the premium for the Title Policy. Buyer shall pay any additional premiums required for any extended coverage or endorsements requested by Buyer. Escrow and Closing fees shall be split equally between Buyer and Seller. Each Party shall bear its own costs (including attorneys' fees) in connection with its negotiation, due diligence investigation, and conduct of the Transaction.All other costs associated with the Transaction shall be borne by the Parties in accordance with custom in Ada County, Idaho, as determined by Escrow Agent, unless otherwise specified in this Agreement. 5.5 Possession. Buyer shall be entitled to possession of the Property on the Closing Date. 6. Seller's Representations and Warranties. Seller represents and warrants to Buyer that: 6.1 Authority. Seller has full power and authority to enter into this Agreement and complete the Transaction. 6.2 Binding Agreement. Upon Seller's execution of this Agreement, this Agreement shall be binding and enforceable against Seller in accordance with its terms, and upon Seller's execution of any additional documents contemplated by this Agreement, they shall be binding and enforceable against Seller in accordance with their terms. 6.3 Title. Seller has fee title to the Property. Seller represents that Seller owns the property free and clear of any mortgages or deeds of trust. 6.4 No Violations. Seller has not received notice of any violation with regard to any applicable law, regulation, ordinance, requirement, covenant, condition or restriction relating to the present use, occupancy or condition of the Property from any person, authority or agency having jurisdiction over the Property. Real Estate Purchase Agreement Page 4 6.5 Compliance with Law. Seller has not received any notices of violation of any law, regulation, condition of permit or license, order, ordinance, or any requirement noted in or issued by any federal, state, or local agency or department having jurisdiction over or affecting the Property which has not been corrected, resolved, or withdrawn, and to the knowledge of Seller, the Property is in compliance with all applicable federal, state, and local laws and regulations in all material respects. 7. Buyer's Representations and Warranties. Buyer represents and warrants to Seller that: 7.1 Authority. Buyer has full power and authority to enter into this Agreement and complete the Transaction. 7.2 Binding Agreement.Upon Buyer's execution of this Agreement, this Agreement shall be binding and enforceable against Buyer in accordance with its terms, and upon Buyer's execution of any additional documents contemplated by this Agreement, they shall be binding and enforceable against Buyer in accordance with their terms. 7.3 Investigation of Property. Buyer has been or will be permitted access to the Property and will have actually inspected the Property prior to Closing. Buyer's consummation of the Transaction is based upon such inspection and not on any representations or warranties of Seller outside of this Agreement. 7.4 No Oral Representations. Buyer hereby acknowledges that neither Seller nor any person acting on behalf of Seller has made any representation, warranty, guaranty or promise concerning the Property, oral or written, outside of this Agreement. 8. Broker's Commission. Seller and Buyer warrant, each to the other, that they have not dealt with any broker, realtor or finder in connection with the Transaction. 9. Risk of Loss. The risk of loss shall be upon Seller until Closing. In the event of any material loss or damage to or condemnation of the Property prior to Closing, Buyer may terminate this Agreement. If Buyer waives any material loss or damage to or condemnation of the Property and proceeds to consummate this Transaction, or in the event of an immaterial loss,damage or condemnation, Seller shall, at Closing and as a condition precedent to Closing, pay to Buyer the amount of any insurance or condemnation proceeds attributable to the Property which have been received by Seller and assign to Buyer as of Closing all rights or claims to proceeds payable thereafter. 10. Remedies. 10.1 If Seller fails to perform any of Seller's obligations under this Agreement and that failure continues for five (5) days after Seller's receipt of written notice from Buyer, Buyer may, as Buyer's sole remedy for Seller's failure,either: (i)terminate this Agreement in accordance with Section 11,or(ii)bring an action for specific performance of this Agreement. 10.2 If Buyer fails to perform any of Buyer's obligations under this Agreement and that failure Real Estate Purchase Agreement Page 5 continues for five (5) days after Buyer's receipt of written notice from Seller, Seller may, as Seller's sole remedy for Buyer's failure,either: (i)terminate this Agreement in accordance with Section 11,or(ii)bring an action for specific performance of this Agreement. 11. Termination. If Buyer or Seller elects to terminate this Agreement as provided under this Agreement,the terminating party shall give written notice of the termination to the other Party and Escrow Agent. Upon termination by a Party as provided in this Agreement, Escrow Agent shall return all documents deposited in the Escrow to the Seller. Upon delivery of such documents, this Agreement and the Escrow shall be deemed terminated, and except as provided in this Agreement neither Party shall have any further liability or obligation under this Agreement. 12. Attorneys' Fees. If there is any litigation or other action taken by a Party to enforce or interpret any provisions of or rights arising under this Agreement, the defaulting Party shall pay to the other Party all costs and expenses, including but not limited to reasonable attorneys' fees and costs, which the other Party may incur in enforcing this Agreement or in pursuing any remedy allowed by law, whether such is incurred by the filing of suit or otherwise. 13. Escrow Cancellation Charges. If the Escrow fails to close because of Buyer's default, Buyer shall be liable for any escrow and title commitment cancellation charges by Escrow Agent. If the Escrow fails to close because of Seller's default, Seller shall be liable for any such cancellation charges by Escrow Agent. If the Escrow fails to close through no fault of either Seller or Buyer, any such cancellation charges by Escrow Agent shall be divided equally between Seller and Buyer. 14. Additional Acts. The parties agree to execute promptly all other documents and perform all other acts as may be reasonably necessary to carry out the purpose and intent of this Agreement. 15. Business Days.If this Agreement requires any act to be done or action to be taken on a date which is not a Business Day,that act or action will be deemed to have been validly done or taken if done or taken on the next succeeding Business Day. 16. Waiver.The waiver by any Party to this Agreement of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. 17. Survival. All of the covenants, agreements, representations and warranties set forth in this Agreement shall survive Closing, and shall not merge into any deed or other instrument executed or delivered under this Agreement. 18. Counterparts/Facsimile. This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument. The signature pages may be detached from each counterpart and combined into one instrument. This Agreement may be signed and delivered by facsimile which shall be effective as an original. 19. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the Parties to this Agreement and their respective successors and assigns. Real Estate Purchase Agreement Page 6 20. Entire Agreement. This Agreement sets forth the entire understanding of the Parties with respect to the matters set forth in this Agreement as of the Effective Date; it supersedes all prior oral or written agreements of the Parties as to the matters set forth in this Agreement; and it cannot be altered or amended except by an instrument in writing, signed by Buyer and Seller. 21. Construction. This Agreement is the result of negotiations between the Parties, neither of whom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement must be construed in accordance with their usual and customary meanings. Seller and Buyer hereby waive the application of any rule of law which otherwise would be applicable in connection with the construction of this Agreement that ambiguous or conflicting terms or provisions should be construed against the Party who (or whose attorney) prepared the executed Agreement or any earlier draft of this Agreement. 22. Headings. The headings in this Agreement are for reference only and do not limit or define the meaning of any provision of this Agreement. 23. No Third-Party Beneficiary. No term or provision of this Agreement is intended to be, nor may any term or provision be construed to be, for the benefit of any person, firm, corporation or other entity not a party to this Agreement (including, without limitation, any broker), and no other person, firm, corporation or entity has any right or cause of action under this Agreement. 24. Severability.If any provision of this Agreement or any portion of any provision of this Agreement is determined to be invalid, illegal or unenforceable, the invalidity, illegality or unenforceability may not alter the remaining portion of such provision, or any other provision of this Agreement, as each provision of this Agreement is deemed severable from all other provisions of this Agreement. 25. Timely Performance. Time is of the essence in the performance of this Agreement. 26. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the laws of the State of Idaho. Venue shall be Ada County, Idaho. <END OF TEXT—SIGNATURES ON FOLLOWNG PAGE> Real Estate Purchase Agreement Page 7 I I IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first written above . BUYER : City of Meridian be on , Mayor 1 ` 23 .2 � Att : Cl i Inson, City Cleric o�QO"T E D A (jG& SELLER: 0 up „r w Joint School District No . 2 dba West Ada School District vV IDIgN� n n Q SEAL X� ByVJonathan Gillen, Chief Financial Officer o TREAs��`� I i i s f i I Real Estate Purchase Agreement Page 8 N ANFIE _a cD cD.`D. d FAIRGLEN N COOPER WE ti Q Q 3 Q • N C OPER LN �N a a o N BLAIRMORElMkY CR n Q Q � - � coo 0 f 3 R o v o n ao v Q .,.. `v •�; .. m N BUCKSTONE 3 coo • __ 'v N aN0 • R / 3 0 m • CANYON AVE 0 3 o NA _ N VENABLE AVE mm3 n o° o• N RHODES AVE (D0 o ` ° pA � 3 0 0 r o , D N FRANDON AVE NQ � C o Ln o n aQ 41 T vp if m D T �� o Z e o N GREENWICH N�3aD N -< m a A 7\ o n , AvM� m o NSTANFORD a - -----------7-- iF \� � a Q N ELSINORE WAY N BARRON WAY Z h LA ld NOl� - N-MERIDIAN-RD nm N LEZANA F N LEZANA n AV v A E 3 0 X A i -1Ln ;�omm Property Purchase CITY COUNCIL MEETING 4/23/2024FOR COMMUNITY CENTER & SETTLERS PARK ADDITION Property Location Map 4/22/2024WASD Public Hearing Ada School District Purchase from West Community CenterPurposes, including For Park & Recreation 11.365 Acres Property Purchase Authorizes Mayor to Execute Closing DocumentsApproves Purchase & Sale Agreement2446-3. Resolution No. 24Purchase Price + $10,255 Closing Costs2. Budget Amendment $4,272,130Lot 11, Block 25 of Cedar Springs Subdivision No. 3$4,261,875 ($375,000/acre)11.365 Acres 1. Public HearingAgenda Items– Thank You E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Budget Amendment in the Amount of$4,272,130.00 for the Purchase of Property Described as Lot 11, Block 25 of Cedar Springs Subdivision No. 3 (N. Venable Ln.) wOw Iz W T CD T T y T CD (D ° o 0 0 C o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 lD o 0 0 0 0 0 0 0 0 N r r N Q !D N N r r r r� Q r:.' 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V n 3 O O CD 3 0 S A 7 C N 0 A S N CD O o O 3 3 c 7 n CD 3 (D V IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2446: A Resolution Approving that Certain Purchase and Sale Agreement Between the City of Meridian and Joint School District No. 2 dba West Ada School District Concerning the City's Acquisition of Lot 11, Block 25 of Cedar Springs Subdivision No. 3; Authorizing the Mayor to Execute Said Purchase and Sale Agreement, Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of Lot 11, Block 25 of Cedar Springs Subdivision No. 3; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2446 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND JOINT SCHOOL DISTRICT NO. 2 DBA WEST ADA SCHOOL DISTRICT CONCERNING THE CITY'S ACQUISITION OF LOT 11, BLOCK 25, CEDAR SPRINGS SUBDIVISION NO. 3; AUTHORIZING THE MAYOR TO EXECUTE SAID PURCHASE AND SALE AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE ALL OTHER DOCUMENTS AND PERFORM ALL OTHER ACTS REASONABLY NECESSARY TO EFFECTUATE THE PURCHASE OF LOT 11, BLOCK 25, CEDAR SPRINGS SUBDIVISION NO. 3; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Joint School District No. 2 dba West Ada School District ("District") owns approximately 11.365 acres of real property described as Lot 11, Block 25, Cedar Springs Subdivision No. 3 ("Property"); and, WHEREAS,the Property is no longer needed for school purposes; and, WHEREAS,the Property is located adjacent to Settlers Park, which is owned, operated, and maintained by the City; and, WHEREAS,the City desires to purchase the Property for park and recreation purposes, including a community center; and, WHEREAS,the City and the District have entered into that certain Interagency Governmental Agreement dated November 6, 2019 (as amended on May 11, 2021, and April 9, 2024), which authorizes the District to convey real property to the City; and, WHEREAS, the City and the District deem the fair market value of the Property to be $4,261,875.00; and, WHEREAS, after conducting public hearings, the City and the District have determined that it is in the best interest of the public for the City to purchase the Property for public purposes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City Council hereby approves that certain Purchase and Sale Agreement between the City and the District concerning the Property; Section 2. That the Mayor is hereby authorized to execute said Purchase and Sale Agreement; Section 3. That the Mayor is hereby authorized to execute all other documents and perform all other acts reasonably necessary to effectuate the purchase of the Property; and, RESOLUTION CONCERNING ACQUISITION OF REAL PROPERTY Page I of 2 Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 23rd day of April, 2024 APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of April, 2024 APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION CONCERNING ACQUISITION OF REAL PROPERTY Page 2 of 2 C� E IDIAN Planning and Zoning Department Presentation and Outline h2 City Council MeetingApril 23, 2024 Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 R-4 R-4 Legend R-15 R-8 \[ Project Location C-G R-15 L-O C-G RUT C-G C-C R1 FAIRVIEW I-L EAGLE R-40 I-L R-40 R-15 PINE C-G L-O I-L ZoningAerialFLUM Changes to Agenda: None Item #18: Shamrock Foods Easement Vacation (H-2024-0003) Application(s): Easement Vacation Size of property, existing zoning, and location: This site consists of 15.16 acres of land, zoned I-L, located at 1495 N. Hickory Avenue in the NE ¼ of Section 8 T.3N. R.1E.. History: AZ-03-026, DA Inst. # 104027941, PBA-2023-0010 Comprehensive Plan FLUM Designation: General Industrial Summary of Request: Request to vacate the ten-foot (10’) irrigation easement located along the west side of the property boundary of Lots 4 and 5, Block 2, of the Treasure Valley Business Center – Phase 1 Subdivision. The property went through a property boundary adjustment (PBA-2023-0010) to consolidate Lots 4 and 5, Block 2 of the Treasure Valley Business Center- Phase 1 Subdivision and Lot 1 of the Pleasant Valley Subdivision to the west. The consolidation of the lots created a need for the irrigation easement to be relocated from its current location. The easement will be relocated to the west side of the consolidated properties. No other utilities exist in the easement. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0003, as presented in the staff report for the hearing date of April 23, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2024-0003, as presented during the hearing on April 23, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0003 to the hearing date of April 23, 2024 for the following reason(s): (You should state specific reason(s) for continuance.) Item #19: Taylor Annexation (H-2023-0062) Application(s): Annexation & Zoning Size of property, existing zoning, and location: This site consists of 1.01 acres of land, zoned R-1 in Ada County, located at 3840 E. Overland Road. History: None Comprehensive Plan FLUM Designation: Mixed-Use Regional (MU-RG) Summary of Request: The Applicant proposes to annex a 1.01-acre parcel, including the adjacent right-of-way to the section line of E. Overland Road with an R-2 (Low-Density Residential) zoning district. A legal description and exhibit map for the annexation area is included with the application. This property is within the City’s Area of City Impact boundary. The reason for annexation is the water table for the existing well on the single-family residential property failed late last year and the Applicant had to hook-up to City water and sewer service. No new development or redevelopment of the property is proposed at this time and the use will remain residential for the foreseeable future. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property (Inst. #2023-037612). This agreement allowed the property to hook up to City water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the City as proposed with this application. Due to the presence of an existing home on this property with the intention to maintain its residential use, an R-2 zoning district is requested as a “placeholder” zoning district until the property redevelops in the future. Opting for a zoning district within the Mixed-Use Regional (MU-R) designation would create a non-conforming use. For example, a single-family residential dwelling on an acre is not a permitted use in a commercial zoning district and it fails to meet density requirements for an R-15 or R-40 zoning district, which is not preferred. Prior to re-development, a rezone should be requested and development proposed consistent with the Commercial FLUM designation. Single-family detached dwellings are listed as a principally permitted use in the R-2 zoning district per UDC Table 11-2A-2. To ensure future development is consistent with the Comprehensive Plan and the land use desired for this property, Staff recommends a Development Agreement as a provision of annexation pursuant to Idaho Code Section 67-6511A, which requires the property to be rezoned and the agreement modified to include a conceptual development plan prior to any change in use and/or development of the property. Dimensional Standards: The proposed existing house appears to comply with the dimensional standards of the district. Access: Access to this property is currently from E. Overland Road. With future redevelopment of the property, access via E. Overland Road and interconnectivity with adjacent properties will be evaluated in accordance with the provisions listed in UDC 11-3A-3 Parking: 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. The existing home does not meet the required number of off-street parking spaces per UDC Table 11-3C-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 have an enclosed two-car garage; however, there is an existing 30-foot by 20-foot driveway. The existing home is recognized as non-conforming due to the off-street parking requirements in UDC 11-3C-6. Per UDC 11-1B-4, no existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered except through the approval of a conditional use permit. As a result of the non-conformity, the Applicant is required to apply for a Conditional Use Permit for any future expansions on the property or attain compliance by constructing a new two-car garage. Sidewalks: Overland Road is improved with an existing 7-foot wide attached concrete sidewalk abutting the site in accordance with UDC standards. Staff is not recommending that this sidewalk be replaced with and 7-foot detached sidewalk. Pathways: The Meridian Pathways Master Plan Map indicates a planned pathway on the north side of the Five Mile Creek to be constructed by the City in the future. The Applicant should submit a dedicated easement for the pathway to the City. Easements shall be a minimum of 14’ wide (10’wide pathway + 2’ shoulder on each side). Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accordance with UDC 11-3A-21. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property (Inst. #2023-037612). The Applicant is currently connected to City utilities. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Robert Taylor, Owner ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s) of Discussion by Commission: i. None Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2023-0062, as presented in the staff report for the hearing date of April 23, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2023-0062, as presented during the hearing on April 23, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2023-0062 to the hearing date of April 23, 2024 for the following reason(s): (You should state specific reason(s) for continuance.) W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Shamrock Foods Easement Vacation (H-2024-0003) by Kristen McNeill, Givens Pursley, LLP., located at 1495 N. Hickory Ave. Application Materials: https://bit.ly/H-2024-0003 A. Request: Vacation to vacate the ten-foot (10') irrigation easement along the west side of the property boundary of Lots 4 and 5, Block 2 of the Treasure Valley Business Center- Phase 1 Subdivision. PUBLIC HEARING SIGN IN SHEET DATE : April 23 , 2024 ITEM # ON AGENDA : 18 PROJECT NAME : Shamrock Foods Easement Vacation ( H = 2024 - 0003 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) if yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 { STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING April 23,2024 Legend �4 DATE: Project Location C-G TO: Mayor&City Council C-G R T CC R1 CG FROM: Linda Ritter,Associate Planner 208-884-5533 SUBJECT: H-2024-0003 Shamrock Foods Vacation of Irrigation U IzL Easement-VAC R LOCATION: 1495 N. Hickory Avenue, in the NE '/4 of Section 8 T.3N. R.IE. CG 1 LO I. PROJECT DESCRIPTION Request to vacate the ten-foot(10')irrigation easement located along the west side of the property boundary of Lots 4 and 5,Block 2, of the Treasure Valley Business Center—Phase 1 Subdivision. II. APPLICANT INFORMATION A. Applicant: Kristen McNeill, Givens Pursley, LLP—601 Bannock Street,Boise, ID 83702 B. Owner: Keeley Smith—Shamrock Foods, 3900 E. Camelback Rd, Ste 300,Phoenix,AZ 85018 C. Representative: Same as Applicant III. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,vacation of a utility easement falls under"all others",which requires approval from City Council at a public hearing. Page 1 IV. NOTICING City Council Posting Date Newspaper Notification 4/7/2024 Radius notification mailed to 4/5/2024 properties within 500 feet Next Door posting 4/3/2024 V. STAFF ANALYSIS The Applicant requests approval to vacate the ten-foot(10')irrigation easement located along the west side of the property boundary of Lots 4 and 5,Block 2, of the Treasure Valley Business Center— Phase 1 Subdivision. The property went through a property boundary adjustment(PBA-2023-0010)to consolidate Lots 4 and 5,Block 2 of the Treasure Valley Business Center-Phase 1 Subdivision and Lot 1 of the Pleasant Valley Subdivision to the west. The consolidation of the lots created a need for the irrigation easement to be relocated from its current location. The easement will be relocated to the west side of the consolidated properties.No other utilities exist in the easement. A legal description and exhibit map of the portion of the easement proposed to be vacated and relocated is included in Section VI below. The Applicant states there are no underground or overhead utilities in the subject easement area. Relinquishment letter from the Highline Lateral Users Association was received from stating they have no issue with the easement being relocated to the rear of the property as they are the sole users of the easement. VI. DECISION A. Staff: Staff recommends approval of the vacation of the irrigation easement as proposed by the Applicant and as agreed upon by the easement holder. Page 2 VII. EXHIBIT Legal Description&Exhibit Map of the Irrigation Easement Proposed to be Vacated CENTURION ENGINEERS. INC. Contact Information J05eph D, Canning, PEIPLS 2323 S. Vista Ave Ste 205 Bai5e, ID 83705 Telephone 2108,343-3382 Jdcanning@centengr_com February7.7,2024 Irrigation Easement Vacation forShamrotk Foods x495 H.Hickory Avenue,Meridian,Idaho A portion of Lots 4 and 5,61ock x of Treasure Valley Business Center Phase 4 situate in Oe northwest quarter of the northeast quarter of Section 8,Township 3 North, Range i East, Boise Meridian, City of Merldian, Ada County,idaho,being more particularly described as follows: Commencing at the north quarter corner of Bald Section 8;thence South W06W West,3o8,93 feet to the northwest corner of said Lot 4;thence South ocPo6'3a"West,79.86 feet along the westerly boundary of said Lot 4 to the Point of Beginning: Thence North 89033'i2"East,10,00 Feet; Thence South anea6'30" West, 645.94 feet along a line 10,00 Feet easterly of and parallel with the westerly boundary of said Lots 4 and 5; Thence Nora,8g°53'06 West,20.0o feet to the westerly boundary of said Lot& Thence North oo°05'30"East,54,,_$4 feet along the westerly boundary of said Lots 5 and 4 to the Point of B"Mning. Comprising of 0_75acre5,mote Dr less. . 411 �s��wIY T� C 61�k'fVRt,3 Legal Description Irrigation Easement Vacation 6,1N Page 3 1495 N. Hip cry Ave.: irrigation Easement Vacation Sketch North quorker corner of Section S Sb4'06'30'W 3a9.93' MV cormr of Lot 4, Block 2 SGUM'30'N 65.86' of Treasure Valley Business N89'33'12'E 193-71' Center Phase 1 1189'33'12'E 1O-04' MOM6'391Y 10-{10' 100' Point of Beginning hh I'+ Pleasant Valley Subdivision Treasure Valley Business Center P'hi= 1 4116 Southerly portion Block 2 Lot 1 Lut 4 Ct W Y] a sn a us 0 Treasure Valley 8asiness Center Phase 1 Block 2 C l_ot 5 z a . iln�Mi T 4F ztM IF F z na Q 10' irrigation Easermit Z � o; 3: #o be Vacated created by '— ��r plat of Treasure Valley W v as SW earner of Lot 5, Business Center Phone 1 ao M Black 2 of Treasure ui Valley Ousiness Center N89'53'06"W 14-00' Phase 1� i5.44' U u M Cl O+ SW comer of Lot 3 SW02'38'E 10413' pC of Pleasant Valley 5ubdivisian 5E corm of Lot 1 of }. Pleasant Valley Subdivision S89'33'43"4 193.64' Page 4 Legal Description&Exhibit Map of the Irrigation Easement Proposed to be Relocated CENTURION CNGINE£RS, INC. Contect Information Joseph D. Canning, PE1PL5 1313 5,Vista Ave Ste 2o6 p l JvA}+0 Boise, ID 83705 % k Telephone 208-343.3361 m jdcanning@centengr.com 04 411 c February i7,3024 r4##JF 0110��� Relocated Irrigation Easement for Shamrock Foo&ar,g$N.Hickory AYwue,Meridian,Idaho A portion of Lot 1 of Pleasant Valley Subdivision situate in the northeast quarter of the northwest quaver of Section R, Township 3 North,Range 1 Fast,Boisc Meridian,City of Meridian,Ada County,Idaho,being more particuiarly described as follows; Commencing at the north quarter comer of said Section 8;thence South 00606'30"West,308.93 feet tnthe northwest comer of Lot 4,Block z of Treasure Valley Buslness Center Phase i;thence South oo°o6'3o"west,65.B6 feet along the westerly boundary of said Lot 4 to the Point of Beginning: Thence continuing South oo0o6'3V West,io-oo feet along the westerly boundary of said Lnt 4; Thence South 89°33's2"west,183.71 feet; Thence South w*o6'35"West, 7S.5.04 feet along a line ia,oa Net easterly of and parallel with the westerly boundary of said Lot 1; Thence North 8g°33'43" East, 183.61 feet along a line io.00 feet northerly of and parallel with the southerly boundary of said Lot Thence South 0o°o7'31Y East,lo.00 fleet along the easterly boundary of said Lot 1 to the southeast corner of said Lots, Thence South 89°33'43"West,293.64 feet along the southerly boundary of said Lot 1 tathe southwest comer of said Lot 1; Thence North 0006W East,77S-04 feet along the westefIy boundary of said Lot i, Thence North 85033'1-2"East,i93.73L feet to the Point of Beginning. Comprising of o.26 acres,more or less. [)6,tkT u pro) Legal Description Relocated Irrigation Easement �GrMCC Page 5 1495 N. Hickory Ave.:Reiocated Irrigation Easement Sketch North quarter corner of Section 8 saros'3o`�r SOU'06'30'W 65,56' N44 tomer of Lot 4, Hkx-k 2 f Treasure' Parley Business f+fS933'12`E 1`3,71' Center Phase t 568'0in F93.77' Paint of Beginning SarQS'30�Y eQ.4p' Rea Unt V13% SLIWY a Tre9swe Varlet Easiness Center Phase 1 p Block 2 Lot 4 5 _ _4116 OF y Trevn a Volley Block 2 Center Phase Lot 5 n + .am d o �! } CF G W 0 10' Irrigation Easement I �" Rerouted �]e o°' i r V { I!r O }_ CZ 5W comer of Lot 5, c>pi F Mock 2 of Treasure Z MMM Valley Business Center m Phase 1 ,° D SW corner of W 1 SOap2'38'E 104.23' %J� of Pleasant Valley Subdivision 16.co, 7 Z Nw33"43'E 1E3.�31' SE comer of Lot 1 of Pftosarit Yalley Subdivision S89'33'Q'W 193.64' } , Page 6 W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Taylor Annexation (H-2023-0062) by Robert Taylor, located at 3840 E. Overland Rd. Application Materials: https://bit.ly/H-2023-0062 A. Request: Annexation of 1.01 acres of land with an R-2 (Low-Density Residential) zoning district for the purpose of connecting to City utilities. PUBLIC HEARING SIGN IN SHEET DATE : April 23 , 2024 ITEM # ON AGENDA : 19 PROJECT NAME : Taylor Annexation ( W2023 - 0062 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT WNDIAN;--- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING April 23, 2024 Legend DATE: - - -- ---- -----' ElProject Location TO: Mayor&City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 F�J SUBJECT: Taylor Annexation AZ - H-2023-0062LAND=RD LOCATION: 3840 E.Overland Road in the Southeast 1/4 of the Southwest 1/4 of Section 16, �� Township 3N,Range lE(Parcel —),/ #R4626240475) I. PROJECT DESCRIPTION Annexation of 1.01 acres of land with an R-2 zoning district for the purpose of complying with the terms outlined in the consent to annex agreement for the existing home that is already connected to City utilities. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.01 acres Annexation Future Land Use Designation Mixed Use Regional(MU-R) Existing Land Use I No change,continue existing single-family residential use Proposed Land Use(s) Single-Family detached residential Current Zoning 1 Single-Family residential zone(RI)in Ada County Proposed Zoning R-2(Low Density Residential) Lots(#and type;bldg/common) 1 building lot Phasing plan(#of phases) N/A Number of Residential Units(type N/A of units) Neighborhood meeting date 08/24/2023 Pagel B. Community Metrics Description I Details Page Ada County Highway District • Staff report No (yes/no) • Requires No ACHD Commission Action es/no • Existing Existing curb,gutter,and sidewalk. Conditions • CIP/IFYWP PROJECT: South Meridian Improvements B- Overland Rd and Eagle Rd Project Description: Widen intersection to 7-1anes on Eagle Rd and 9-lanes on Overland Rd as per the 2020 CIP. Project to be done in coordination with the Idaho Transportation Department. Project Manager: choman -Cady Haman Design Year: 2025 Right-of-Way Year: Future Construction Year: FUT Project#: IN218-04 Access(Arterial/Collectors/State Overland Road is classified as a principal arterial roadway. H /Local)(Existin and Proposed) Proposed Road Improvements None Fire Service No comments received Police Service No comments received. Wastewater • Distance to Sewer Services No changes in public sewer infrastructure shown in record. Any changes must be approved by Public Works. • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns None Water • Distance to Services Water available at site. • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None Page 2 • Project Consistent with Yes Water Master Plan • Impacts/Concerns None C. Project Maps Future Land Use Map Aerial Map Legend Legend g 0 g I � Project Location n 0EI Project Location J z _ o r- -- LA ,,, � J r w LA 0 N < 'e N N rrLA c E. � N D .- — - ••fir rr - . Eigfjf } E"0 . L-AND.RD w N — aa 0 Q E -f t 10 '-� ESPERANTOI O `! n Medium Density' n Residential Zoning Map Planned Development Map Legend R-40 Legend - - -- ----------- 0 !!/1Project Location Project Location zi City Limits o' 2 R1 —Planned Parcels w J_ e e C I C E O LAND RD E;— —E O LANDeRD ------ gh)I C-C W Q C-G E,00- ESPERANTO ,p sC - OST if i0 Ln R-15 III. APPLICANT INFORMATION A. Applicant: Robert Taylor,Owner—3840 E. Overland Road,Meridian,ID 83642 Page 3 B. Owner: Robert Taylor,Owner—3840 E. Overland Road,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification 4/3/2024 published in newspaper 2/5/2024 Radius notification mailed to 4/5/2024 property owners within 500 feet 3/l/2024 Public hearing notice sign posted 4/11/2024 on site 3/10/2024 Nextdoor posting 3/4/2024 4/3/2024 V. COMPREHENSIVE PLAN ANALYSIS LAND USE:This property is designated as Mixed Use Regional(MU-R) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The purpose of this designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential,and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses.For example,an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted. Due to the presence of an existing home on this property with the intention to maintain its residential use,an R-2 zoning district is requested as a"placeholder"zoning district until the property redevelops in the future. Opting for a zoning district within the Mixed-Use Regional(MU-R)designation would create a non- conforming use. For example, a single-family residential dwelling on an acre is not a permitted use in a commercial zoning district and it fails to meet density requirements for an R-15 or R-40 zoning district, which is not preferred. Prior to re-development, a rezone should be requested and development proposed consistent with the Commercial FLUM designation. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /�comp lan): 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 diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) The Plan aims to integrate mixed-use by incorporating a variety of uses, including residential. Residential uses should comprise a minimum of 10%of the development area, with gross densities Page 4 ranging from 6 to 40 units/acre. The current application seeks annexation of the property into the City to comply with the terms outlined in the consent to annex agreement,particularly due to the existing home already connected to City utilities. Specifics regarding the housing types and density will be addressed with future development. Given that the residential would be in a mixed-use center and at a higher density, it would likely lead to diversity in housing satisfying this goal. • "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 the existing home is already connected to City utilities in accordance with UDC 11-3A-21. • "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 existing abutting developments to the east, west, and north, as they are all residential uses currently zoned R1 in Ada County. • "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." The existing home has already abandoned the existing septic system and is connected to the City wastewater system. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 1.01 acre parcel,including the adjacent right-of-way to the section line of E. Overland Road with an R-2 (Low-Density Residential)zoning district.A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. The reason for annexation is the water table for the existing well on the single- family residential property failed late last year and the Applicant had to hook-up to City water and sewer service.No new development or redevelopment of the property is proposed at this time and the use will remain residential for the foreseeable future. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property(Inst. #2023-037612). This agreement allowed the property to hook up to City water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the City as proposed with this application. Single-family detached dwellings are listed as a principally permitted use in the R-2 zoning district per UDC Table 11-2A-2. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and the land use desired for this property,Staff recommends a Development Agreement as a provision of annexation pursuant to Idaho Code Section 67-6511A,which requires the property to be rezoned and the agreement modified to include a conceptual development plan prior to any change in use and/or development of the property. Page 5 Dimensional Standards(UDC 11-2): The proposed existing house appears to comply with the dimensional standards of the district. Access: Access to this property is currently from E. Overland Road. With future redevelopment of the property, access via E. Overland Road and interconnectivity with adjacent properties will be evaluated in accordance with the provisions listed in UDC 11-3A-3. 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. The existing home does not meet the required number of off-street parking spaces per UDC Table 11-3C-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 have an enclosed two-car garage;however,there is an existing 30-foot by 20-foot driveway. The existing home is recognized as non-conforming due to the off-street parking requirements in UDC 11-3C-6. Per UDC I1-IB-4,no existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered except through the approval of a conditional use permit. As a result of the non-conformity,the Applicant is required to apply for a Conditional Use Permit for any future expansions on the property or attain compliance by constructing a new two-car garage(see figure below). Sidewalks(11-3A-17): Overland Road is improved with an existing 7-foot wide attached concrete sidewalk abutting the site in accordance with UDC standards. Staff is not recommending that this sidewalk be replaced with and 7-foot detached sidewalk. Pathways(UDC 11-3A-8): The Meridian Pathways Master Plan Map indicates a planned pathway on the north side of the Five Mile Creek to be constructed by the City in the future. The Applicant should submit a dedicated easement for the pathway to the City. Easements shall be a minimum of 14' wide(10'wide pathway+2' shoulder on each side). Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accordance with UDC 11-3A-21. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property(Inst.#2023-037612). The Applicant is currently connected to City utilities. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is not proposing fencing with this application. Page 6 VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on March 21,2024.At the public hearing,the Commission moved to recommend approval of the subject Annexation requests. 1. Summary of Commission public hearing_ a. In favor: Robert Tam b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Stacy Hersh,Associate f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)for City Council: a. None Page 7 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map CE:NTURIOH E:NGrnE:E:RS, INC. Consullling Engineers, Land Survlilyors, Planners 2323 S. Vista Av@ St!! 20S Bohs,e, ID 83705 T!!lephon!I 209.:34:3.3:381 I www.oeniengr.com Annexation &Zone Land Description For: Robert Taylor D;,oember 27, 2023 Lot 3,Brock 2 of Jewell SUbdivlslon as shown in Book:34 of Pf!ats at Pages 2056&2057 recotds,Ada County,Idaho and i:idjQining rigllt-of-way.Situale in the Southeast Quarter or the Southwest Quarter of Section 16,TownshEp 3 Norttl,Range 1 IEast,Boise Meridian,Ada County,Idaho being m,ore particularly desc,ibed as follows: Commencing at the south qual rter corner of said Section 16:!hence S89"59'4s-\IV,483.11 feet along the southenly boundary of the soulhwest quarter of said Se ion 16 tol he Poirrl of Beginning, Thence f400"00'00"E,.439.85 feet along the easterly boundary of said Lot 3(as extended 10 Nie soulherty bounoory or the r.oulhea.st quarler of the soiuthwtWt quarter)to tho northeast wrner of said Lot 3: Thence N90"00'00'W.t00 feel along the nol'lherly boundary or said Loi.3 to he nonhwesl com.er of said lot 3; Thernce S00"'00'00"E, 439.86leet along tile westerly bol„mi;lary of said!.o"I 3 (as extended to the soutnerly boundary of the southeast quarter of the soulhwesl quarter)to a point which bears N89'59145"E,749.26 fii!el it om the southwest comer of the wl.ltheast qua.rte,of he soulhwe-sl quarter of said Seclion 1,s,and which point also bears 589°59'1 o"E,1,332..50fest from the southwest section corner of saict Section 16: ihence NB9"5!t45"E, i 00.00 feet to the Point of B inning. Containing 1.01 acres,more or ress. This descripti.on was prepared from infol malion of record in the office of the Ada County, recorder.Jewell Subdivision Book:34,Pages 2056&2057 and Recon:1 of Survey No.8191.A nsw land survey was riot performed. 11 he basis of bearing for 11lis desoript n is said Jewell Subdil1 ision. / tf � i` 4116 0 OF IV Page 8 $E\§m2saJ ƒ ®(�2 / ,=rn & G \,� +�}�� m-= !S/m . �§ . ±a ]@ _!® � 0 \k)/ \ �\ \mE® .3 §»{� , -g |=�=i®»J _)2 2 7 ' 70 @ \$m ; �� \»)?ID �a�2 }ƒ/2 »§ \/K • /� } � $ R/ CD - - / � ZICD w-w 3' E 7 �C, . 0 / /\Q ƒ &�! r- - CD »~\ q \a ƒ G ] 3 . !% G § q. � . w _ \\{ \ ® C6 O CD /\ \ CD ° - 2 7-\\ 06 \\ � G P o/ \ � f�° » � \kk 3@Q , � 2 % \2 ƒ � _ 3 . - PA CD ?2 © - - �� .. ■■k.� � . Page B. Site Map Zoo # , _ 1, Irdll }V 1 SSW' S. Page 10 C. Existing Home f .1' J f Page 11 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. 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. Prior to any change in use or redevelopment of the subject property, a rezone to a commercial and/or a higher density residential zoning district and a modification to this agreement shall be requested to include a conceptual development plan consistent with the Mixed-Use Regional Future Land Use Map(FLUM) designation and guidelines in the Comprehensive Plan. b. Future development of this site shall be consistent with the applicable standards in the city of Meridian's Unified Development Code. c. As a result of the non-conformity to the existing home due to the off-street parking requirements in UDC 11-3C-6,the Applicant/Owner is required to apply for a Conditional Use Permit for any future expansions on the property or attain compliance by constructing a new two-car garage. d. The Applicant shall submit a dedicated easement for the future pathway along the north side of the Fivemile Creek for the length of the property to the City. Easements shall be a minimum of 14' wide(I O'wide pathway+2' shoulder on each side). B. PUBLIC WORKS No comments,Applicant has signed the agreement for extension of domestic water and sewer service outside Meridian City Limits(Inst. #2023-037612) and connected to City utilities. C. PARK'S DEPARTMENT https://weblink.meridianciN.org/WebLink/DocView.aspx?id=331534&dbid=0&repo=MeridianCitX D. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridianciM org/WebLink/DocView.aspx?id=332238&dbid=0&repo=MeridianCity&cr =1 E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:Ilweblink.meridiancit .00rg/WebLink/DocView.aspx?id=331968&dbid=0&repo=MeridianCitX F. IDAHO TRANSPORTATION DEPARTMENT(IT'D) https://weblink.meridiancioy org WWebLinkIDocView.aspx?id=332554&dbid=0&repo=MeridianCitX Page 12 X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-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; Stafffinds annexation of the subject property with an R-2 zoning district and requirement for the property to redevelop in the future consistent with the Mixed-Use Regional future land use map designation in the Comprehensive Plan is appropriate for this property(see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment to the R-2 zoning district is consistent with the purpose statement for the residential districts in UDC 11-2B-1, 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; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential use 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 Stafffinds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation is in the best interest of the City. Page 13