2022-04-12 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, April 12, 2022 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilwoman Liz Strader
Councilwoman Jessica Perreault
Councilman Luke Cavener
Councilman Joe Borton
Councilman Brad Hoaglun
Mayor Robert E. Simison
ABSENT
Councilman Treg Bernt
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton.
Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener,
Councilman Borton, Councilman Hoaglun
1. Adventure Church Addition Water Main Easement
2. Oaks North No. 11 Sanitary Sewer and Water Main Easement A
3. Final Plat for Oakwind Estates No. 2 (FP-2022-0006) by Kimley Horn, Located at
6180 W. McMillan Rd.
4. Final Plat for Woodcrest Townhomes (FP-2022-0010) by Blaine A. Womer Civil
Engineering, Located at 1789 N. Hickory Dr.
5. Conduit License Agreement Between the City of Meridian and Fatbeam, LLC for
Conduit Sharing
6. Memorandum of Agreement for the Civic Block Development Proposal Between
the City of Meridian, the Meridian Development Corporation, and Meridian Caddis,
LLC
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
7. Parks and Recreation Commission Annual Update
8. Public Works: Fiscal Year 2022 Budget Amendment in the Amount of $275,650.00
for Well 34 (Test Well) Additional Construction Funds Approved
Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener.
Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener,
Councilman Borton, Councilman Hoaglun
9. Approve Bid and Award Contract to Treasure Valley Drilling, LLC for Test Well 34
for the Not-to-Exceed Amount of $648,050.00 Approved
Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener.
Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener,
Councilman Borton, Councilman Hoaglun
10. Public Works: Request from Janice Larrea for Connection to the City Water System
Outside City Limits at 100 E Rosalyn Dr.
11. Public Works: Request from EPIC Development, LLC for Connection to the City
Water and Sewer Systems Outside City Limits at 5317 W. Franklin Rd.
12. Finance Department: Annual Fund Transfer Proposal Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader.
Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener,
Councilman Borton, Councilman Hoaglun
EXECUTIVE SESSION
13. Per Idaho Code 74-206(1)(d) To consider records that are exempt from disclosure
vvas provided in chapter 1, title 74, Idaho Code
Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman
Borton.
Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener,
Councilman Borton, Councilman Hoaglun
In to executive session: 5:30 pm
Out of executive session: 6:00 pm
ADJOURNMENT 6:00 pm
Item#2.
Meridian City Council Work Session April 12, 2022.
A Meeting of the Meridian City Council was called to order at 4:33 p.m., Tuesday, April
12, 2022, by Mayor Robert Simison.
Members Present: Robert Simison, Joe Borton, Luke Cavener, Jessica Perreault, Brad
Hoaglun and Liz Strader.
Members Absent: Treg Bernt.
Also present: Chris Johnson, Bill Nary, Caleb Hood, Warren Stewart, Todd Lavoie, Berle
Stokes, Kris Blume and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader X Joe Borton
_X_ Brad Hoaglun Treg Bernt
X Jessica Perreault _X Luke Cavener
_X_ Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is April 12th, 2022,
at 4:33 p.m. We will begin this afternoon's work session with roll call attendance.
ADOPTION OF AGENDA
Simison: Next item is adoption of the agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move adoption of the agenda as published.
Borton: Second.
Simison: I have a motion and a second to adopt the agenda as published. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and
the agenda is adopted.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
CONSENT AGENDA [Action Item]
1. Adventure Church Addition Water Main Easement
2. Oaks North No. 11 Sanitary Sewer and Water Main Easement A
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3. Final Plat for Oakwind Estates No. 2 (FP-2022-0006) by Kimley Horn,
Located at 6180 W. McMillan Rd.
4. Final Plat for Woodcrest Townhomes (FP-2022-0010) by Blaine A.
Womer Civil Engineering, Located at 1789 N. Hickory Dr.
5. Conduit License Agreement Between the City of Meridian and
Fatbeam, LLC for Conduit Sharing
6. Memorandum of Agreement for the Civic Block Development Proposal
Between the City of Meridian, the Meridian Development Corporation,
and Meridian Caddis, LLC
Simison: Next item is the Consent Agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to
attest.
Borton: Second.
Simison: I have a motion and a second to approve the Consent Agenda. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and the Consent Agenda is adopted.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: No items were removed from the Consent Agenda.
DEPARTMENT / COMMISSION REPORTS [Action Item]
7. Parks and Recreation Commission Annual Update
Simison: So, we will go into Department/Commission Reports. So, first item up is Item
7, which is the public -- is the Parks and Recreation Commission annual update. We will
turn this over to Commissioner Greer to provide that update to us. Hi, Jo, how are you?
Greer: How are you doing?
Simison: Good.
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Greer: I am good. Good afternoon, Mr. Mayor, Council Members. I'm Jo Greer for those
of you who don't know me. I am currently the Parks and Recreation Commission
president for another term. I'm pleased to be here before you to give a brief Parks and
Recreation Commission annual update for 2021. As of right now we have a full
commission with nine members, including our youth commissioner. They -- all their skill
sets and backgrounds encompass a broad range. We have different family backgrounds
as far as who we have at home. Some people have small children. Some people have
no children. Some people have grown children. Some people have -- for children. We
also have several business owners, coaches, landscape architects, several designers,
project managers, graphic designers, race car driver, and recently we just brought on a
couple of commissioners that are -- one is part of the recreational sports teams and the
other one is a veteran and also a pickleball player, so -- yeah. So, I feel pretty good about
the commission right now and we had several interviews for the Mayor to come to the
selection. In July we had our first ever Meridian Parks and Recreation facilities tour on
foot where we walked around Kleiner Park. For those of you that were there it was very
entertaining, especially the rap session by Renee. I think that should be required every
year. And we were also able to kind of play around on some of the Meridian Parks and
Recreation equipment. That's my highlight. I'm going to be really brief, because I was
asked to be as well. I just brought out the top four all commission goals to kind of go over
how we have been following these. The first one is to support the development of a
connected pathway system. So, the Ten Mile trail hub last year was our first ever -- our
first pathway tour where we started at our first ever trailhead and gateway to the pathway
system. I was able myself to ride my bicycle from home all the way to the Five Mile
crossing -- Five Mile Creek crossing over on Pine. For me that was about 12 hours -- or
12 miles round trip. There were quite a few commissioners that rode from home as well.
So, there is connection. You know, some of the connections are sidewalks, but it worked
and no one was injured. Also the Fairview Avenue connection -- connection was finally
completed, which is in front of the Ultra Touch Car Wash. Well, was the Ultra Touch Car
Wash. I believe it's closed now. That one took a little bit more time, but it was welcome
as Fairview is kind of a dangerous street to be riding your bicycle. Then we had Kim
Warren, who held a commission workshop to review gaps in the pathway system, so she
allowed all of the commissioners to give comment on where we felt like there were gaps
or information that could be improved. Some of the comments led to the striping of the
pathway, so now we have yellow striping to help with wayfinding and also to identify it as
a pathway. Our second goal is to support the design and construction of Discovery Park
phase two. The bid was opened in November. Construction is underway. We have Mike
Barton. Thank you, Mike, for having the park moving forward. And he said currently they
have broken ground and they are doing the grading and utilities. So, the Commission, of
course, continues to support the construction of Discovery Park. The third item is to
participate in the design and programming of the new community center on the civic block,
which, of course, that location has changed, so the commission supports a new
community center and we all look forward to that coming into fruition. We also had --
Steve Siddoway had presented a community center master plan, what the community
needs, and so we gave feedback on that information and, then, actually, was able to serve
on the civil block review committee as representative for Parks and Rec Commission,
because there was a community center in some of the proposals. Also the commission
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participated in one-on-one interviews about the master plan update and the community
center feasibility study with Art Thatcher of GreenPlay, which is now very done. So, I felt
like last year a lot of information was requested from the commission, a lot of one-on-one,
which moves into the next one, which is number four, to participate in the development of
the Lakeview Golf Course master plan. I, of course, was excited about the golf course.
like to golf. So, beginning early in the year consultants from the National Golf Foundation
began gathering information. They held individual interviews with the different
commissioners to get our -- to get our feedback and, then, we also attended a Lakeview
facilities golf tour where we rode around in golf carts to see the facility and we had the
city arborist explain some of the issues with the trees. I'm going to stop right there.
could go on and on, but -- only because I love parks and rec. Do you guys have any
questions?
Simison: Thank you, Jo. Council, any questions?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Jo, it was nice to see you. Thanks for the presentation. You know, we -- we
engage with our commissioners on a regular basis. This is that formal time where the
commission comes before the Council and I'm just curious what feedback do you have
for the -- the Council? How can we do -- as a body do a better job of supporting you and
your fellow commissioners in your work and your interests?
Greer: You know, as our liaison -- I do know this -- usually we just like to have feedback
as far as if something was moved forward or not based on -- if our recommendations were
-- I guess worthy of approval. That's a good way of putting it. Because, you know, we --
we are asked for our recommendations or our input, but we don't always know what
comes back, unless we go and look for it, so that's probably the only thing really.
Cavener: That's very helpful.
Greer: Uh-huh. Yeah. Anyone else?
Simison: Anything else?
Greer: Thank you, guys.
8. Public Works: Fiscal Year 2022 Budget Amendment in the Amount of
$275,650.00 for Well 34 (Test Well) Additional Construction Funds
9. Approve Bid and Award Contract to Treasure Valley Drilling, LLC for
Test Well 34 for the Not-to-Exceed Amount of $648,050.00
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Simison: Thank you, Jo. So, the next four items are going to be the Warren Stewart
show, but we will just go ahead and move on to Items 8 and 9. We will let you go ahead
and present both of those items together for consideration by the Council and discussion.
Stewart: Well, thank you, Mayor, Members of the Council. So, the first item of the Public
Works show -- I won't say the Warren Stewart show. The Public Works show is a budget
amendment in the amount of 275,650. This is for the contract to do the test well for the
most recent well that we need to -- to do. The budget for this was basically developed a
little over a year ago and in the last year things have changed pretty dramatically and the
costs have just gone up, so when it was bid out the low bidder came in quite a bit higher
than we had anticipated and if we are to award the contract and get this well under
construction we will need this additional money represented by this amendment to do so.
With that I will answer any questions that you may have.
Simison: Warren, off the top of your head do you know what percentage this came in
over anticipation?
Stewart: I don't know the percentage off the top of my head. So, we had -- I want to say
it's -- in the budget amendment piece, but I think -- you know, we had 600 -- I think we
were a couple hundred thousand, obviously, over, but there is some contingencies and
so forth in there. So, I think the original bid was in the six or seven hundred thousand
dollar range. I got it right here. I can tell you.
Simison: Yeah. I only bring this up -- you know, I was on a COMPASS call earlier today,
same exact conversation for ITD road projects, which were coming in over -- over bid, so
I -- I hate to be the bearer of bad news, but I think any construction project that we have
on the horizon for the city and Public Works --just being prepared for anything over last
year's estimates this will probably be the standard moving forward for the foreseeable
future.
Stewart: Yeah. We have --we have -- I can let you know that in some cases the increases
for certain types of construction, certain materials have gone up 30 to 40 percent. So,
substantially higher. Now, that's not across the board. Some things are up ten to 15
percent. But some of the things that we are running into, the costs are literally 30, 40
percent higher than they were a few months ago.
Simison: And just to add in one more thing, I have had some off-line conversations
separated, but with ESI and from their perspective they see that we are -- as a valley we
are going to have about two to three thousand more construction jobs needed the next
three years to meet the expected projects which are coming online, which are separate
from everything else that's currently taking place. The Meta project, possible Micron and
St. Luke's work and so if we think we want to pull back we are probably pulling back for
several years, not for one year, two years, depending upon if it's labor versus materials.
There may be some give and take to your point, but from a labor standpoint, depending
on how much of these things are labor, they don't see that going backwards in the
construction industry.
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Stewart: Yeah. I could maybe also share a couple of anecdotal pieces related to this.
One is that there is not a lot of well drillers in the valley that have the expertise to drill the
types of wells that we are drilling and so if we happen to have one of them busy on another
project for another city, why, you know, they are not competing super stringently on these
wells, because there is just not that many out there. So, that could play into it to some
degree. We are also looking, just so you know, at ways that -- in the future -- especially
when it comes to these test wells -- we might be able to structure them a little differently
to see if we can't save some cost because of the way things have risen.
Simison: With that, Council, any questions?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Do we need a motion, since it says a budget amendment? I move that we
approve the Public Works fiscal year 2022 budget amendment in the amount of 275,650
dollars for Well 34 additional construction funds.
Cavener: Second.
Simison: I have a motion and a second to approve the budget amendment. Is there any
discussion on the motion? Ask the Clerk to call the roll.
Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader,
yea.
Simison: All ayes. Motion carries.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Simison: Next item is Item 9.
Stewart: I got to make sure. Yeah. Item 9 is just, essentially, the award of the bid for this
contract and I will stand for questions.
Simison: Council, any questions or a motion?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I move that we approve the bid and award of contract to Treasure Valley
Drilling, LLC, for Test Well 34 for the not to exceed amount of 648,050 dollars.
Cavener: Second.
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Simison: I have a motion and a second to approve the bid for Treasure Valley Drilling,
LLC. Is there any discussion? If not, all those in favor signify by saying aye. Opposed
nay? The ayes have it and the award to contractor is agreed to. Thank you, Warren.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
10. Public Works: Request from Janice Larrea for Connection to the City
Water System Outside City Limits at 100 E Rosalyn Dr.
Simison: Moving on. Are you going to continue to be the presenter for the next two?
Okay. Then we will move on to Item No. 10, which is Public Works request for Janice
Larrea for connection to city water system outside city limits at 100 East Rosalyn Drive.
Mr. Stewart.
Stewart: So, we do occasionally in the City of Meridian have requests for people to -- or
to use the city services, sewer and water services, without annexation into the City of
Meridian and they come in two basic classes. One class is the homeowner who has had
a well or a septic system that has gone bad and they are in need to replace their well or
septic and we may have sewer, water readily available for them and so they make the
request to use the city's water or sewer. They are not always eligible for annexation, but
we have the water and sewer there. The second class that we run into that we will actually
see one of in a few minutes is when there is brand new development that wants to take
place, but they are also not eligible for annexation, but they want city services. This is in
the former class. The only exception to that is that this one actually is eligible for
annexation. They are contiguous with the city limits. However, it's a larger piece of
residential property that has undeveloped pasture ground associated with it that will at
some point develop. The sewer that would serve this property is on the other piece -- or
on the other side of that pasture, so sewer service would have to come across the pasture
in a fashion that would not -- that ultimately it would not be in. Water is right in front of
the home. It's there. It's available. We would really rather not see a well -- a new well
put in when we have that service. So, from a Public Works perspective we like the -- the
connection to city water, because it basically helps protect our water source from a
potential source of contamination being another residential well. The real caveat here --
the real thing to consider is do we annex it or do we not require annexation and that's
really a question for the City Council, but Public Works' recommendation --we had to kind
of give you our best shot at what we felt and because this property has development
potential, it's got the pasture, it's got -- it can't -- or it can't connect to sewer right away
without cutting across this pasture, we felt like maybe annexation would be better once
they came in and wanted to develop the balance of that property and they knew what they
wanted to do and they knew what the sewer configuration was going to look like. So, we,
essentially, brought this before you today to -- for your consideration to let them connect
up to city water. Our I guess recommendation -- but that's a pretty strong word -- is that
maybe they not have to annex until later, but I think there are some issues and concerns
that Bill may want to address with you about whether or not that's the best approach, but
certainly we think that connection to water is appropriate, because they are there, it's right
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there in front of their house and it would eliminate a well and get, essentially, a residential
well abandoned and that's better for our aquifer. With that I will stand for any questions.
Simison: Thank you. Council, any questions?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: You just made a request for a connection to water service and not a sewer
service; correct?
Stewart: That is correct.
Perreault: What -- if they were annexed would they be required to connect to sewer
service in a certain amount of time and that would be cost to the property owner or is that
maybe a question for planning to respond to?
Stewart: I think I can -- I can make an attempt and Caleb can correct me if I'm wrong, but
I think you can structure that how you would like. I think if you wanted them to annex you
out you -- you wouldn't necessarily have to require them to connect to sewer, although
generally speaking we would want them to do that. In this case they could, but they would
have to run a service line for 300 feet across the pasture. Ultimately that would have to
be torn out when they-- that was redeveloped and something else would have to be done
there. So, it can be done either way, but that's -- that's kind of what they are facing.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Perreault: Thanks, Warren. How many times have we done this that you can think of
where an individual homeowner made just a water connection and not annexed? Maybe
a question for Bill as well? Just kind of in your memory.
Stewart: I think we get one or two of these a year, to be honest.
Nary: Yeah. Mr. Mayor -- Mr. Mayor, Members of the Council, so, yeah, I think Warren's
right, we do probably two or three a year, usually, that scenario that Warren's talking
about. Sometimes what happens is the roadway gets widened or improved and that,
then, takes out their existing well or takes out their septic system, so, then, they don't
have any other way to connect. We have always mandated that they annex as a condition
if they are annexable. If they are not annexable we have them sign an agreement that
requires them to annex when they are. It would be unusual to not require annexation at
this point. It would be okay -- if you recall we did a large-scale house on Locust Grove
recently that took over two lots and they were going to hook up to water now, because it
was available in front of the house, but sewer was about 150 feet away. So, we allowed
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them to annex and have water service and, then, they have a commitment to hook up to
sewer when it's available. So, it does make sense from what Warren's saying to let the
sewer evolve with the development of the property or at least at a sale than it would be
for it to do it now. So, that wouldn't be unusual. Again, our ordinance does require they
are supposed to annex if they are annexable. Again, if you want to -- we have
occasionally done -- not very often -- we have allowed the service to get hooked up now
while the annexation process was ongoing, so that way if they get out of water, they don't
have any services, they could get that hooked up a lot faster than the four months it takes
to do the annexation. But that's your folks call.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: On that point they are generally annexed R-2, kind of a holding annexation?
Nary: Yeah. We would have to look at whatever the comp plan says or whatever that is
in this area. I don't know what the comp plan calls for this particular property. So, we
would just match it up with that.
Borton: Okay.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Warren, can you give us some idea of the urgency of this? Is this something
that is a dire situation, they are going to be out of water in a couple of months, or is it just
like very poor flow and no pressure and that kind of thing, as far as the timing of whether
we request an annexation or allow connection beforehand?
Stewart: I will do that. We have the applicant here, so I think they can come and -- and
speak to that, but I know that they were very concerned, because they were having really
low amount of flow out of their well. I do believe I got an e-mail either Friday or yesterday
saying that it got worse and that they -- things weren't working at all, so -- but I will let you
-- I will let them address that. But I think it's getting pretty serious at this point.
Simison: Janice, would you like to come forward and at least answer the questions as
they come up.
Larrea: I'm Janice Larrea. We have lived in our house for 47 years. We are original.
The only owner. My well is 40 feet deep. The last three years, I think because of the
drought and growth in this area, my 40 foot well is marginal and I had a little water -- I had
a little water yesterday and now I don't. I turn the pump off to hope it builds up. Usually
the irrigation water is in the canal by now. I live by the canal. And it fills it up. But this
year water's not coming until the 24th. I only need the water for domestic house and
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stock. I irrigate out of the ditch. In fact, I'm the ditch master. So, it would -- it wouldn't be
irrigating my lawn or sprinkler system or anything. As far as annexing, I don't know what,
you know, difference it would make. We are not moving. We are -- we are there forever.
My kids might do whatever they want with it, but we are not moving, so it's going to
maintain the same as long as we are there. And I don't know. I -- I like water. It's really
nice to kind of flush the toilet. Anyway. So, I -- there is three fire hydrants on my 600 foot
of Rosalyn Court. So, you have been there if I can -- I have got an arrangement with a
man that works for the Public Works to soon -- you know, start as soon as I can get
permission. As far as annexing, I -- I could get a library card and I could vote for you guys
and that's probably what we would do, so -- but we don't anticipate any changes in our
property or use of it. Any questions?
Simison: Well, first, you can get a library -- you can get a library card even before,
because it's not our services, so --
Larrea: Really?
Simison: Yes.
Larrea: It said City of Meridian I couldn't have a library card.
Simison: No, it's not from -- with the city. So, we can -- we can help you work around
that.
Larrea: Okay. But -- and I can vote for you; right?
Simison: Council, any questions?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: As you were kind of going through this process -- again I don't know if you had
conversations with the planning staff, if there would be a use on your land that wouldn't
be allowed if you annexed in.
Larrea: I don't know. Nobody's told me that. Is there? Oh. We have been there for 47
years and we have had -- we had our trucks and stuff parked there 47 years and they are
still there.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Mr. Mayor, just to follow up on that, I -- I think -- and Caleb might have to jump
into this, but what you mentioned, Janice, stock, you have cows --
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Larrea: We have cows in the summertime, yeah.
Hoaglun: Okay.
Larrea: Our pasture is about two and a half acres and, you know, I worry about keeping
the stock tank full.
Hoaglun: Right. So, I -- I think there are some -- once annexed there are limitations on
the type of animals and how many of things and whatnot.
Simison: Mr. Hood.
Hoaglun: So, it could be a non-conforming use, but I will let you speak to that, Caleb, if
you wouldn't mind.
Hood: Yeah. Mr. President, Mayor, Members of the Council. So, a couple things I guess
just -- we will start there. I haven't done a comprehensive, you know, review of the
property. Agriculture use is allowed. I would liken this, though, I think to the annex -- the
south Meridian annexation we did and we did vest those properties with whatever,
essentially, they were doing at the time and annex them in. I don't see anything egregious
on this property. Just looking in the aerial it looks like there is, you know, some -- a
trucking type of business and they do have two accesses, Rosalyn and, then, another
driveway that goes to the state highway that eventually we would like to see that driveway
closed when development happens of the back half of your property or so. So --
Larrea- I did get a state permit for that entryway.
Hood: But the other uses and -- and, you know, there is an outbuilding or two on here.
don't see anything that causes me any concern. But I haven't been out to the site, I
haven't done anymore of that analysis. Just a couple of other things that came up real
quick. It is on our future land use map low density residential, so an R-2, potentially an
R-4, but probably an R-2 zone is what we would annex it with, either now or when
development occurs -- redevelopment occurs on the property, so -- maybe just one more.
I mean Warren covered it I think pretty well. It does vary. Typically it's 60 days to hook
up a home post annexation, an existing home that comes in. We usually give them a
couple of months hook up. I have seen six months to a year, though, in certain cases.
Mr. Nary had another example there, too, of allowing special cases to hook up to both
sewer and water. But it's pretty typical that immediately -- you know, we do allow some
-- some amount of time to happen and certainly if annexation's required we could run that
concurrently and the paperwork be processed while working with Public Works to -- to
hook up the property, so --
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
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Perreault: Caleb, so if we were to annex and the property were to be developed in the
future, do we forfeit some of -- of our -- what's the word -- influence in how it develops,
because we have already annexed it and now we can no longer potentially, you know,
make particular requests of the applicant.
Hood: Council Woman Perreault, it's a good question. In this case, again, I'm not overly
concerned about it, because I think our standard subdivision code covers pretty much
everything. Access. Landscape buffers. You know, redevelopment. Density. All those
things would be covered somewhere else. Now, there could be a special thing that you
wanted them to do that, yes, you would lose that opportunity to negotiate or require that
with the development agreement, because the development agreement would already
exist. In this case, though, to me it's pretty straightforward. You are going to see single
family homes on here. Public street Rosalyn already exists, but, yes, to your question or
point a little -- but you do lose a little bit of your ability to negotiate with the property owner
or developer or whoever wants to increase the intensity on the site. But, again, I don't
see anything outstanding where I'm really concerned that we couldn't get it through our
--just our standard code requirements.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: Just a thought, I guess, too, for Caleb, and maybe it's -- it's kind of where I'm
-- I'm leaning. Typically with -- with annexation we require, you know, curb cut, gutters,
sidewalks, et cetera. It's on a state highway. Would -- I -- I'm also, though, reluctant to
-- to not require that, but I also -- I'm reluctant to require that and so maybe if -- if Council
did want to pursue annexation, what path would we have to -- to not put that immediate
burden on -- to put a sidewalk in when you are just trying to connect to some water?
Hood: So, Councilman Cavener, Mayor, Members of Council, I envision that if an
annexation application is required staff would do that analysis and require it, but you have
that ability, then, through the development agreement to waive that standard requirement.
We would put pretty standard requirements in the development agreement and, again,
you get--you can decide if it's applicable at this time or in the future, because if you waive
it let's say in three or four months when an application is before you, when the subdivision
come in -- comes in we also have that requirement at that time to put in curb, gutter,
sidewalk, a multi-use pathway. So, it really is more about timing at that point.
Larrea: Are you saying I would have to put in sewer -- I mean sidewalks and gutters on
all of my property?
Cavener: Councilman Cavener.
Larrea: That's 300 feet on Meridian-Kuna Highway and 600 on Rosalyn.
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Cavener: Correct. And I think that's -- so, anytime an annexation comes within our city
we require that and what I -- what I was asking staff was is there a mechanism -- because
I don't want to require that from you when you annex in, but when you sell your house or
when your family redevelops it I would want that there. I think that's important to our
community and so what I was trying to establish if there is a way that we can have you
annex within the city so you get access to our services, like our water, our waste water,
without requiring the same thing that we would require of anybody else should they come
in and so I think staff has said that if -- if an annexation application were to come before
us we, as Council, could have the authority to waive that requirement at that particular
time, which I would be very much in support of.
Larrea: Okay.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I don't know which of us should go over this, if it's planning or someone on
Council, but could we share -- could -- should we share with -- I -- I'm probably not going
to say your name right, it's Larrea?
Larrea: Larrea.
Perreault: It's Larrea. When -- when she is annexed into the city, then, there is an
additional element of property taxes that are included and, then, any other services that
go along with that. I don't know exactly -- it sounds like maybe she needs to have a
conversation with -- with planning staff directly as part of that -- needs to have a
consultation with planning staff as far as annexation goes.
Simison: I think that's fair, that the -- because I think it's -- that it's twofold. It's protection
for the city for the future versus what the expectations are now, but also -- so, you also
understand what that also means.
Larrea: Yeah.
Simison: From -- it -- it's really a taxation standpoint, city taxes, the differences between
what you are -- currently with that. Our CFO is here and he -- he could -- he could even
-- he doesn't want to talk about that, but -- but that -- those -- I think those are things, just
so you understand completely about what the expectations are, either now or in the future,
because I think, really, the question is if -- if and when sewer hook up comes the
expectation is that's when this property really transforms and would trigger a lot of the
normal annexation requirements is what I'm picking up from current Council anyways. If
they even want to require the annexation.
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Larrea: Well, like I say, we plan on being carried out feet first, so we are not moving, so
-- unless something really happens. So, it's going to stay the way it is as long as -- as we
are capable. That's all I -- I can -- I can, you know, confirm to you guys.
Simison: So, with that, Mr. Nary, do we need a direction? Because, obviously, it's going
to take a process and -- and some work to be done. Do you want a motion from Council
on a direction?
Nary: I guess so. Yeah. Mr. Mayor, I -- I guess -- it feels like there is probably still a little
conversation to be had with Mrs. Larrea about what impacts that would be. There is a
cost to the filing. There is a cost for noticing. There is a cost for all of those things, too,
and I know, again, she wants water service, so I think it would be fair, if she's willing. I
mean we can certainly have a conversation. I can't tell you what your taxes are going to
be. But we can certainly tell you how it works and what happens next and then -- then
we can maybe revisit the issue, because she might be standing here asking you to waive
the requirement that she had and if that's a consideration of the Council, that's certainly
your ability to put in a development agreement that annexation can occur at a later point
in time. Like Caleb said normally we do six months to a year, but if the Council's of the
mind set -- again, it's a contract, it gets recorded, it is against the property, so a future
owner would know that that's going to have to be annexed at a future point in time. Again,
likely if they are going to redevelop they are going to annex anyway, because they are
going to need more sewer and water services and things like that. But I think I -- I don't
know if Council is ready to make a decision, but I don't know if Mrs. Larrea has enough
information.
Simison: I think what I would really like to get from Council at least is their -- their
viewpoint on the annexation, so that whatever discussions are occurring are appropriate
to whatever the Council's viewpoint is. So, that's really the direction I would ask Council
is if you are amenable to this and, if so, with or without annexation and, then, let staff go
work on that based on that direction.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: To answer that question, yes, I think Warren's recommendation of how to proceed
is appropriate. That includes annexation, it would be annexed as an R-2, so that would
be what I would be supportive of as a solution to an immediate hookup to water. Sewer
being delayed. There is a lot of details that would follow, but that's the general direction
that I would be supportive of.
Strader: Mr. Mayor? Mr. Mayor?
Simison: Council Woman Strader.
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Strader: Just to follow up directly. So, I -- I agree I would like you to annex into the city.
I would be in favor of trying to expedite her water hookup as quickly as possible, so those
processes could happen simultaneously. Even if we work something out we can get that
water hooked up as soon as possible. I would be in favor of waiving the requirement to
hook up to sewer until a later date and, then, also I would be in favor-- in a future request
I would most likely be in favor of waiving the requirement to put in like the sidewalk and
the curb and all that stuff as well until future development occurred at that property. I
don't think it would be fair, since you have lived there so long, to ask that of you. So,
that's where I stand.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I agree with Council Member Strader in every aspect, but I would like Mrs.
Larrea to have a conversation with the planning staff prior to making a commitment to
connect to water, because I want -- I want her to -- that the two -- the connection to water
and the annexation would both need to happen, so I -- I think that she should have a clear
understanding of what it means to be annexed into the city before we make a commitment
to make that water connection. For me I would rather those conversations happen --
maybe it gets back on our agenda in a week or two --
Simison: That's what we are doing.
Perreault: -- and we make our own decision about the annexation.
Simison: Okay. Anything else to add from the two of you, otherwise --
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I agree with what's being said. My one caveat, if you will, is the fact that this is
a process, we have talked about annexation being a long path, I mean as a city we provide
in our community essential services, water, sewer, police, fire and this is a water hookup
and how can we make that essential service available as quickly as possible, while we
go through this rest of the other process to make sure that we -- as you live on that
property things stay the same and, then, when it's developed it becomes all those other
required elements that we typically do in an annexation. So, it's just a matter of when we
do that as quickly as possible --
Larrea: We just want to hook up to water.
Simison: That's right. So --
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Larrea: And if I can't do it and if I have to jump through too many hoops for the annexation
I will drill a well. I have underground water rights.
Simison: And --and, Ms. Larrea, that's --that's the whole point of our discussion is making
sure to get rid of the -- any hoops, but how can we do that. We have the hoops on our
end.
Larrea: Yes.
Simison: We will take care of that. We will probably have a discussion with staff that you
have just to make sure you understand the process and, then, figure out a way for us to
say once we approve how fast can that happen in terms of having that water connected,
because you are in a -- you are in a bad spot, so --
Larrea: Yeah. We don't have water.
Simison: And as you heard before on our budget amendment, I don't think you want to
build a well right now. If I was giving you advice --
Larrea: Koontz has always helped me and they were a year out and 20,000. But by the
time I get here it's going to be about six or seven, so -- you know. And when the water
gets in the canal I might have water. So, cross my fingers.
Simison: All right. Well, I think --
Larrea: Any other questions?
Simison: You have the whole team there that's heard this and they can start working with
you.
Larrea: These guys over here?
Simison: Yep. All the people that spoke and in this corner, including the bald guy in the
corner.
Larrea: Okay. All right. Thank you.
Simison: Bald by choice.
Stewart: Any follow-up questions for me on that one?
11. Public Works: Request from EPIC Development, LLC for Connection
to the City Water and Sewer Systems Outside City Limits at 5317 W.
Franklin Rd.
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Simison: Next item on the agenda is Item 11, Public Works request for EPIC
Development, LLC, for connection to city water and sewer systems outside the city limits.
Stewart: All right. Mr. Mayor, Members of the Council, this one's the other category that
I talked about earlier. So, this is a new piece of property. It's a -- I think it's approximately
19 acres. It's undeveloped ground at this point. They want to come in and do a brand
new development on this 19 acres. It's actually not annexable. It's not contiguous with
the city and in order to facilitate the development that they would like to do they need city
services for fire protection and sewer and so forth. So, they came and they asked the
question, can we obtain city services without annexation and the first thing -- first place
they come is to the Public Works Department to see if we have the ability to serve them
with water and sewer. Water is really not an issue. The water can be extended to serve
this property and it can be done in a manner that does provide the fire protection that they
need. Sewer is a little bit different animal. This --this property actually lies in the adjacent
sewer shed. It was never intended to be served by the sewer line that's in Black Cat
Road, but it's a smaller piece of property and it's right on the boundary. So, we actually
took a look at it from a feasibility standpoint to see if it was even feasible to serve it out of
shed we call it. So, essentially, jumping the fence and going into the other sewer shed
and in this case it does appear to be feasible that we can serve it, although it's going to
be close and until we see the actual final drawings that show the elevations of the sewer
line and so forth it will be hard to -- to tell, because they are going to run -- they are going
to run out of grade at some point very close to the edge of their development. But it does
look like it's feasible. The rest of the questions you have essentially responses from the
other departments, because in this type of process, rather than this just basically comes
to Public Works and this is kind of a decision as to whether there is a connection or not
like there isn't a single home, this has got much wider implications. So, we send this out
to the other departments to get their feedback. You have the feedback from those other
departments as part of this. Although I will say it's not the same. It's not like we do an
application. It's not an application to the city. This is an application to the -- to the county.
So, that analysis is really done at the county, we are just simply saying -- doing kind of a
real abbreviated analysis to determine whether or not it might make sense to allow city
services to connect up. So, I'm not going to make a recommendation on this one. It is
feasible for us to provide water and sewer to this property, but I think in the big picture we
are not necessarily certainly -- from a Public Works perspective saying that it makes the
most sense in the world to -- to allow this development to occur, because it's occurring in
-- in the county. That's really a decision I think that you, as the City Council have to make.
I want to just let you know that it does appear that water and sewer could serve this
property if you elected to do so and you have the comments from the fire department and
I think Caleb may or may not have any additional comments on this one from a planning
perspective and with that I will stand for any questions that you may have.
Simison: Thank you, Warren. Council, questions?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
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Strader: Thanks, Warren. When we do our sewer master planning and when we analyze
new developments I know we look at the committed flow and I just wanted to understand
if we started making exceptions and -- and doing this on a widespread basis is there the
possibility that if we started connecting up unanticipated sewer trunk connections that we
would run out of capacity at the edges of our impact area?
Stewart: So, the -- excuse me. The answer to your question is if we started -- started
doing this on a wide scale basis the answer to your question is, yes, that could cause a
problem for us. So, we do run the model, analyze every single one of these. In the model
-- I hope you can appreciate we always have what we refer to in the engineering world as
a factor of safety. So, we always have a little cushion and so that's there precisely for
these types of things. You know, we know that, you know, because of -- the sewer shed
boundary may not always follow a property line, but there might be situations where we
will add a little here, deduct a little there and so forth as the sewer shed develops. This
property happens to be small enough and it's demand, because of the type of
development it is, its demand is low enough that it's certainly within that -- we can be
absorbed in that cushion area -- in that extra area.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Just to follow up. Yeah, I understand that it's feasible. I care a lot about
consistency in planning and ensuring that the taxpayers that support large-scale capital
investments are the ones that get the benefit. Do you know an approximation of how
much an entire sewer trunk costs the city,just an idea of how many millions of dollars that
one of those is worth?
Stewart: Well, that's -- I can give you the central cost per foot. So, right now I think on a
larger scale sewer trunk line, like the McDermott trunk sewer line, is probably going to be
four to five hundred dollars per foot.
Strader: Great. Thanks a lot.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I'm not supportive of it. I think we get in the weeds and start parsing out whether
or not -- I think the situation before is the more unique scenario. I don't know why we
would entertain doing this. It's best I think to be crystal clear that it's not something the
city does.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
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Hoaglun: Yeah. I agree. And, Warren, I appreciate the fact that you found ways we could
possibly within the margins provide water and sewer. It's all -- unlike the other -- other
one before where you have an existing situation that needs some assistance and that will
be developed according to our plans in the future, this is something that is asking to build
now and yet we don't have a fire protection, we don't have cross-access easements, the
Ten Mile plan will be altered and not adhered to. There is an existing irrigation drain
situation. Pathway -- building the pathway system for our park system -- there is all these
things that come to play that makes this a little bit different. So, I appreciate Public Works
in finding, okay, we could do this and bring it to Council and reaching out to all the other
entities in the city to say, okay, how does that impact us as a community from our
requirements and -- and that -- that stack on that other side of the scale is way heavier.
So, I -- I'm -- I'm not in favor either.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: I don't know if this is a question for Public Works or for planning. There is an
application that's -- that has been made just to the south of this for a large industrial
complex and I think it would bring service -- if that were -- again, we -- we heard it and I
think it got continued to the next couple of weeks, but if that were to be approved, then,
would -- would that applicant come in -- be able to come in, then, and have an immediate
congruent connection to city property and -- like is this a -- is this a wait until this next
application is heard and decided and, then, have a further discussion, because now we
are -- now this -- this parcel will be I think close to a city boundary. So, maybe that's a
question for --
Simison: If it was contiguous they would have the right to apply.
Perreault: Right.
Stewart: Yeah. I was going to say they -- if -- if that's approved I think they would be
contiguous and, then, I think what you would just say is come apply through the city and
use the city's process, not the county's process.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yeah. I'm in agreement. I'm -- I think it's really important to be consistent and
there is reason that we have committed flow and master plans and if we deviate from
those plans it's not a good investment for our taxpayers and I view this as circumventing
the normal process of annexation and development. I believe if they are interested in the
future and they can annex into the city they should do that at that time. So, I'm not
supportive of this.
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Simison: That's the majority.
Stewart: Okay. Yeah. I was going to just maybe throw one anecdotal piece in there.
There is -- I have also been approached by a property owner on the north side of Franklin
who is probably watching tonight to see how this one goes about doing the same thing.
So, it's definitely not the last one that you will see, so --
12. Finance Department: Annual Fund Transfer Proposal
Simison: Thank you, Warren. With that we will move on to Item 12, which is our Financial
Department annual fund transfer proposal. Good evening, Mr. Lavoie.
Lavoie: Good evening, Mayor, Council Members. I appreciate your time to discuss with
you our annual proposal for fund balance transfer. As we present to you this annual
proposal, this is part of our policy that Finance has the option to make a proposal to
Council for consideration to move funds between -- or move dollars and -- between our
funds. Only Council has the authority to approve such a transfer. We have the ability to
propose, but we need your approval to actually make this official. So, again, this is just a
proposal for two transfers tonight. Again, I'm going to present to you the current fund
balance balances of the General Fund, the Capital Improvement Fund, and the Police
Safety Fund and, then, I'm going to present to you the proposals which have been
submitted to you via a memo and an e-mail from last week. Again, appreciate the
questions that you presented to me between the e-mail last week and today. Again,
appreciate the dialogue. And, then, I will show you what the results of the fund balances
look like with the proposals that I'm presenting to you. So, again, the information I am
presenting to you has been presented to you via PDF from last week. So, the current
fund balances for the General -- for the items that we are going to discuss are currently
-- so, as of 9/30/2021, which is the most recently completed audited set of financial
statements, the General Fund is currently sitting at a little over 59 million. The Public
Safety Fund a little over 3.5 million and the Capital Improvement Fund sitting over 16.8
million. So, again, the Public Safety Fund, just to kind of give you an idea, along with the
Capital Improvement Fund, we have these separate funds to set aside money so that the
City of Meridian can construct capital infrastructure in the future. Again, we are a save
before you spend, so we have put our monies into these accounts, so that when the
projects come due we can actually use these funds to help assist with completing the
projects in the future year. So, what I'm going to be requesting today is that we consider
transferring a little over 3.265 million dollars from the General Fund's unassigned balance
to our Capital Improvement Fund, so that we can use these funds at a later date to help
construct future City of Meridian structures of infrastructure and, then, the other request
that I have today is transferring one million dollars from the General Fund's unassigned
balance to our Public Safety Fund, which is displayed on the screen accordingly. Again,
those funds would be utilized for possible capital projects, fire stations, a precinct, maybe
a ladder truck, vehicles for police, fire, things like that. So, with that the proposal I have
set forth to -- or presented to you -- again, the picture on the left -- on the top left is the
fund balance as of 9/30. If you were to accept the proposal as I have submitted to you
the General Fund would go from 59.3 down to 55 million. Public safety would go from 3.5
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to 4.5 and, then, Capital Improvement Fund would go from 18 to 20. So, again, those are
the proposals I have set forth for you. Again, some of the items that we would use these
funds for, again, as we talked about, engine replacements, vehicle replacements, possible
fire stations, community centers, precincts, golf course repairs, you know, just anything
called infrastructure or anything called capital here at the city, that's what we would use
these funds for and with that I stand for any questions based on the proposal that I have
submitted to you via the memo.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: This may be a silly question, but just to help me understand. Is there a reason
behind the timing of why this request comes now and not during the budgeting process,
for example? Is it by ordinance or what's the reason?
Lavoie: Fair question, Liz. The timing of this is just something we have in the schedule
of our to-do list. We wait one month after our audited financials. So, we want to make
sure the financials are complete before we make any considerations. So, that's the timing
of it. It has nothing to do with the '23 budget or the '24 budget or any budgets going
forward, because these funds are always still available to you. You are not losing access
to this, we are just putting the monies in different buckets, so when a request comes up
we can discuss should we use our fund savings to pay for this or not.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: One more. Is this consistent with -- I recall when we went through the -- with
the budget process you were walking me through these funds and there was like a certain
amount -- it was based on a consistent percentage I think that got swept into these
typically on an annual basis. Is this consistent with that methodology or is this a different
amount?
Lavoie: Good question, Liz. So, the -- the larger number that's associated to the General
Fund transfer to the Capital Improvement Fund, that is following our policy that we look
at the revenues -- excess revenues generated in the Community Development
Department. So, it's not a formula, it's -- well, I guess it is a formula. It's whatever's
excess, it's not a percentage, though. It's whatever is excess do we want to consider
moving that excess amount to the Capital Improvement Fund and that's what I have
presented to you for that three million. The one million dollar number is me looking at the
next five years for the Public Safety Department and saying do -- could we use some
extra cash over the next five years to help the future Council in relieving the burden of
replacements and that's where that one million comes from me. It's just an analysis of
future costs.
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Strader: Thank you.
Lavoie: Thank you.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Todd, we had a little discussion tonight about how much it's cost and cost -- it's
going to cost more. Fire chief was before us last week talking about fire stations and it's
going to cost more. Difficulty in getting bids secured and how long they are going to hold
them, because costs keep going up. So, how did you arrive at the numbers and try to
use your crystal ball to figure out, hey, we better make sure we have enough money for
what the fire stations and the police precinct, other things will cost in the future? How did
you arrive at that?
Lavoie: Fair question, Brad. So, we do an annual five year CFP and an annual ten year
CFP. So, the five year CFP was presented to you in December and we conduct our
analysis of all the revenues and expenditures and see what the crystal ball looks like at
that time. Right now we have a five year fundable plan that's using all the funds, Capital
Improvement, Public Safety, General Fund -- I just put it all in one bucket to see do I have
enough revenues to pay for all the expenses. Just to let you know, these two transfers
doesn't mean I can pay for everything. I'm still doing deficit spending. We are still
balancing the act over the next five to ten years. These are just -- this is just a tool to
allow us to put some money aside, so when we want to we can tap into it, because you,
as Council, have set this money aside. Myself, Robert, anybody, we cannot use these
funds other than the approval by you. So, we are just trying to secure these funds for
capital infrastructure down the road, as opposed to leaving it into the unassigned fund
balance, which can be easily moved by the city, as opposed to the Capital Improvement
Fund or the Public Safety Fund. So, this does not solve our funding situation. This is just
allocating funds so that you have it there for capital infrastructure requests.
Simison: And, Council, you can always --- can always move this where ever you want
whenever you want in the other funds whenever you feel it's appropriate. So, I -- you
know, I'm not an accountant, I find it kind of just like, okay, we are just going to pull it out
of our checking and put it in savings one or savings two or savings three. So, you can
move them from saving one, two, or three back into checking whenever you want to,
so --
Lavoie- You have complete access to this still. We are not losing sight of this. We track
it all for you.
Simison: I do think Mr. Lavoie would like a motion.
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Lavoie: I would like a motion, Mayor. If you accept the proposal we will move forward
with it. If not we would leave the funds where they are and we still have access to them
at the end of the day.
Hoaglun: Mr. Mayor?
Simison: Mr. Hoaglun.
Hoaglun: Mr. Mayor, I move that we approve the annual fund transfer proposal presented
by the Finance Department tonight to the funds as designated that we saw on the slides.
Strader: Second.
Simison: I have a motion and a second. Is there any discussion? If not, all in favor
signify by saying aye. Opposed nay? The ayes have it and the item is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Lavoie: Thank you.
EXECUTIVE SESSION
13. Per Idaho Code 74-206(1)(d) To consider records that are exempt from
disclosure as provided in Chapter 1, Title 74, Idaho Code
Simison: Thank you, Todd. And do we have another motion?
Hoaglun: Yes, we do, Mr. Mayor.
Simison: Councilman Hoaglun.
Hoaglun: I would move that we go into an Executive Session per Idaho Code 74-206-
(1)(d).
Borton: Second.
Simison: I have a motion and a second to go into Executive Session. Is there any
discussion? If not, Clerk will call the roll.
Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader,
yea.
Simison: All ayes and we are moved in Executive Session.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Page 47
Meridian City Council Work Session
Item#2. April 12,2022
Page 24—24
EXECUTIVE SESSION: (5:30 p.m. to 6:00 p.m.)
Simison: Council, do I have a motion?
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Move that we come out of Executive Session.
Borton: Second.
Simison: Motion and a second to come out of Executive Session. All those in favor signify
by saying aye. Opposed nay? The ayes have it and we are out of Executive Session.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move that we adjourn.
Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay?
The ayes have it. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 6:00 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 4-26-2022
ATTEST:
CHRIS JOHNSON - CITY CLERK 4-26-2022
Page 48
7/tem 77
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Adventure Church Addition Water Main Easement
Page 3
ADA COUNTY RECORDER Phil McGrane 2022-036094
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/13/2022 08:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0143 ADVENTURE CHURCH ADDITION
WATER MAIN EASEMENT
THIS Easement Agreement, made this 12th day of April , 2022 between Jessica Condominiums
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee");
WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property
hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be constructed by
others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and
valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way
for an easement for the operation and maintenance of water mains over and across the following described
property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains and their allied
facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with
the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and
assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making
repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent
property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall
not be responsible for repairing, replacing or restoring anything placed within the area described in this
easement that was placed there in violation of this easement.
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent
structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which
would interfere with the use of said easement, for the purposes stated herein.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and
easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Version 01/01/2020
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs, personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: JESSICA CONDOMINIU%
r
MIKE MUSSELL,PRESIDENT
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 3/29/2022 (date) by MIKE MUSSELL
(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 JESSICA CONDOS _
(name of entity on behalf of whom record was executed), in the following representative
capacity: PRESIDENT (type of authority such as officer or trustee)
No ignature
• r
Y W Commission Expires:3/29/2022
EXPIRM
/ le ,,�`
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 4-12-2022
Attest by Chris Johnson, City Clerk 4-12-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 4-12-2022 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement
EXHIBIT A
LEGAL DESCRIPTION FOR
MUSSELL CONSTRUCTION
CITY OF MERIDIAN WATER EASEMENT
The following describes a City of Meridian Water easement situated a portion of the
common area of Jessica Condos as recorded in Book 104 at Page 14036 located in
the Northeast 1/4 of the Southeast 1/4 of the Southeast 1/4 Section 25, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as
follows:
BASIS OF BEARING:
The East line of the Southeast 114 of Section 25, Township 3 North, Range 1 West,
Boise Meridian, derived from found monuments and taken as North 0003249"East
with the distance between monuments found to be 2,664.84 feet.
BEGINNING at a point on the westerly Right-of-Way of S Meridian Road from which
the Southeast corner of said Section 25, Township 3 North, Range 1 West, Boise
Meridian bears South 0302833"East a distance of 997.78 feet.
Thence along said right of way, South 00032'49" West, a distance of 20.00 feet;
Thence leaving said right of way, North 89040'54" West, a distance of 36.61 feet;
Thence North 00°19'06" East, a distance of 20.00 feet;
Thence South 89°40'54" East, a distance of 36.69 feet to the POINT OF BEGINNING.
Said Parcel containing 733 square feet or 0.02 acres, more or less and is subject to all
existing easements and rights-of-ways of record or implied.
END OF DESCRIPTION.
Kenneth H. Cook, P.L.S. 9895
Timberline Surveying
847 Park Centre Way, Suite 3 ONAL L
Nampa, Idaho 83651 5� 1st
(208) 465-5687ac
d
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OF 10
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Page 1 of 1
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Item#2.
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Oaks North No. 11 Sanitary Sewer and Water Main Easement A
Page 9
ADA COUNTY RECORDER Phil McGrane 2022-036095
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 04/13/2022 08:18 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0156
Sanitaryr
Sanitary Sewer and Water Main Easement
THIS Easement Agreement, made thisl2th day Of April 2022 between
Toll southwest LLC., ("Grantor") and the City of Meridian, an Idaho Municipal Corporation
("Grantee"),-
WHEREAS,EREAS, the Grantor desires to provide a sanitary sewer and water plain 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 ether good
and valuable consideration,_ the Grantor does hereby give, grant and convey unto the Grantee the
right-of-way for an _easement for the operation and maintenance _of ,sanitary sewer and water
mains Over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary sewer
and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities at any
and all times,
TO HAVE AND TO L , the said easement and right-of-way into the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
making repairs or performing other maintenance,_Grantee shall restore the area of the easement and
adjacent property to that existent prior to undertaking such repairs and -maintenance._However,
Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
Sanitary Sewer and water Main Easement REV.01/01/2020
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-
of-way and easement hereby granted shall become part of, or lie within the boundaries of
any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within 'such boundary thereof or which is a part thereof, shall cease and
become null and void and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized
and possessed of the aforementioned and described tract of land, and that Grantor has a
good and lawful right to convey said easement, and that Grantor will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's
successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
Susan Stanley,Idaho Division President
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on (date) by
Susan Stanley (name of individual), [complete the following if signing in
a representative capacity, or strike the following if signing in an individual capacity]
on behalf af Toil southwest LLc (name of entity on behalf of whom
record was executed), in the following representative capacity: Idaho Division President
(type of authority such as officer or trustee)
T1j&1�1,,
:�-: ''•`�`.P'; (stamp) —
NOTARCA y
= tary Signature
:C)opuB��D%: - My Commission Expires:
pry O
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor - -
Attest by Chris Johnson, City Clerk 4-12-2022
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 4-12-2022 _(date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement REV.01/01/2020
EXHIBIT A
CITY OF MERIDIAN SANITARY SEWER & WATER EASEMENT
THE OAKS NORTH SUBDIVISION NO. 11
LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 28, T4N, R1W, BM
MERIDIAN, ADA COUNTY, IDAHO 21 22
W. CHINDEN BLVD.
CURVE TABLE 28 27
CURVE # LENGTH RADIUS DELTA BEARING CHORD
C1 12.16' 85.50' 8'08'52" N43'10'39"E 12.15' I
C2 41.30' 114.50' 20'39'51" S49'26'09"W 41.07'
�IN39'06'13"E
8.74'
5S, N
pRpppSEp Np 1� �� �900,�F w
RAN S�Bp CD
N
pPKS Np S39'06'13"W �;I
NO'36'34"E 36.14' G`L 8.74 Z
POINT OF BEGINNING
1,037 SF
0.024 ACRES \ \ I o
JpMP pRENp• 3 �
� � IY
N
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z
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CE 1/16 _ _ N89'21'0_0"W 1312.81' V�28 4
--� � 27
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r-p cn a
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NPR LAND 0' 40' 80, 160' W. McMILLAN RD 28 27
�G T R G,AG 33 34
O
8 O
0Nf�'(�Z(�OZLLa n
91uti"Ons
TF OF ��P 5� Land Surveying and Consulting
`, 231 E.5TH ST.,STE.A
TON W ``�� MERIDIAN,ID 83642
(208)288-2040 (208)288-2557 fax
www.landsolutions.biz JOB ND.78-35
EXHIBIT B
Legal Description
City of Meridian Sanitary Sewer & Water Easement
The Oaks North Subdivision No. 11
An easement located in the SE % of the NE % of Section 28, Township 4 North, Range 1 West, Boise
Meridian, Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southeast corner of the NE % (E %4 corner) of
said Section 28, from which a Brass Cap monument marking the southeast corner of said Section 28
bears S 0°31'00" W a distance of 2637.37 feet;
Thence N 89021'00" W along the south boundary of said NE % a distance of 1312.81 feet to a 5/8
inch diameter iron pin monument marking the southwest corner of the SE % of said NE '/4;
Thence along the west boundary of said SE % of the NE '/4 N 0036'34" E a distance of 241.62 feet to
the POINT OF BEGINNING;
Thence continuing along said west boundary N 0036'34" E a distance of 36.14 feet to a point on a
curve;
Thence leaving said boundary a distance of 12.16 feet along the arc of an 85.50 foot radius non-
tangent curve left, said curve having a central angle of 8008'52" and a long chord bearing N 43'10'39"
E a distance of 12.15 feet to a point of tangency;
Thence N 39006'13" E a distance of 8.74 feet to a point;
Thence S 50053'47" E a distance of 29.00 feet to a point;
Thence S 39006'13" W a distance of 8.74 feet to a point of curvature;
Thence a distance of 41.30 feet along the arc of a 114.50 foot radius curve right, said curve having a
central angle of 20039'51" and a long chord bearing S 49026'09" W a distance of 41.07 feet to the
POINT OF BEGINNING.
This easement contains 1,037 square feet (0.024 acres) and is subject to any other easements
existing or in use.
Clinton W. Hansen, PLS PL LA NOS
Land Solutions, PC \S T R GAG
August 6, 2021 A
0
� 11118 �
v(o 21
qT F OF
TON W Np
The Oaks North Subdivision No. 11
La-n,d 5 0-111t10!15 Meridain Sewer&Water Easement
k�,_ Land surveying and Consulting
Job No. 18-35
Page 1 of 1
Item#3.
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Final Plat for Oakwind Estates No. 2 (FP-2022-0006) by Kimley Horn, Located at
6180 W. McMillan Rd.
Page 15
Item#3.
C� fIEN DLAN
HO
MEMO TO CITY COUNCIL
Staff Contact:Alan Tiefenbach Meeting Date: April 12, 2022
Topic: Final Plat for Oakwind Estates No. 2 (FP-2022-0006) by Kimley Horn, Located at
6180 W. McMillan Rd.
Request:
Final Plat proposal consisting of 70 single family lots, 1 common driveway and 9 common lots on
8.82 acres in the R-15 zone.
Information Resources:
Click Here for Application Materials
Page 16
STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT a A H O
HEARING 4/12/2022 Legend
DATE: ------
Fro"eo}Lflcafian
TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner IE
208-489-0573 {
SUBJECT: FP-2022-0006 -� -
Oakwind Estates No. 2
LOCATION: The site is located at 6180 W. McMillan Y ----
Rd, in the SW 1/4 of the SW 1/4 of Section .
28, Township 4N. Range 1 W.
s
I. PROJECT DESCRIPTION
Final plat consisting of 70 single family lots, 1 common driveway and 9 common lots on 8.82 acres of
land in the R-15 zoning district.
II. APPLICANT INFORMATION
A. Applicant/Representative:
Nicolette Womack, Kimley-Horn- 950 W Bannock Street, Ste 1100., Boise, ID 83702
B. Owners:
Oaks Build to Rent, LLC—4900 N. Scottsdale Rd, Ste 4900, Scottsdale,AZ 85251
III. STAFF ANALYSIS
In 2020,the property received approval of a preliminary plat and development agreement
modification to construct 94 single family lots and 92 townhouse lots(H-2020-0093, Instr. #2021-
046527). The first phase, consisting of 91 townhouse lots and 24 single family lots was approved by
the City Council on February 22,2022 (FP-2022-0001). This is the second and final phase for the
remaining 70 single family lots.
UDC 11-313-12 requires all pathways to be landscaped with a strip a minimum of five(5) feet wide
along each side of the pathway,with a mix of trees, shrubs, lawn, and/or other vegetative ground
cover and a minimum of one(1)tree per one hundred(100)linear feet of pathway. There are pathway
lots in which this requirement is not met. This includes Lot 8 Block 6,Lot 7 Block 7, and Lots 6 and
Pagel
Item#3.
18 Block 8. The applicant will either need to revise the landscape plan to meet the regulations, or
apply for alternative compliance prior to signature on the final plat.
With Phase one,the Director approved alternative compliance from the standards of UDC 11-3H,
which requires the required noise abatement wall along W. McDermott Road to vary in color or
texture or stagger every three hundred(300)linear feet. The applicant noted the wall as proposed is a
steel type of fencing that will be more aesthetically appealing as it is designed to look more like a
fence than a traditional concrete or modular block wall,but is not engineered for staggering. The
applicant added this same style of wall was utilized by the Oaks North and South Subdivisions.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat does not
increase the number of building lots and/or decrease the amount of qualified open space as shown on
the approved preliminary plat, except for what is listed above, Staff finds the proposed final plat is in
substantial compliance with the approved preliminary plat as required.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this
report.
Page 2
Page 18
Item#3.
V. EXHIBITS
A. Preliminary Plat(date: 9/1/2020)
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Page 3
Page 19
B. Final Plat(date: 2/3/2022)
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Item#3.
C. Landscape Plan(date: 02/4/2022)
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Page 9
Page 25
Item#3.
D. Amenity Details(date: 01/07/2022)
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Page 10
Page 26
Item#3.
D. Common Drive Exhibit
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BLOCK8
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NOTE: LOT-'—'- 1A — 16 ARE RESIDENTIAL SlW;LE—FAMILY LOTS-
Page 11
Page 27
Item#3.
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #
AZ 08-004,MDA#114030972) and preliminary plat(H-2020-0093) applications approved
for this site.
2. The applicant shall obtain the City Engineer's signature on successive phases of the
preliminary plat by January 5,2023,or within two years of the City Engineer's signature on
the previous phase final plat as set forth in UDC 11-6B-7B; or 2)obtain approval of a time
extension as set forth in UDC 11-613-7.
3. Prior to City Engineer signature on the final plat,the final plat prepared by Land Solutions,
stamped by Clinton W. Hansen, dated: 02/03/2022, included in Section V.B shall be revised
as follows:
a. Note 10, add Instrument Number.
b. Note 12, add Instrument Number.
4. The landscape plan,prepared by Stack Rock Group on 02/04/2022 is approved with the
following revisions:
a. All pathway lots (Lot 8 Block 6,Lot 7 Block 7, Lot 6 and 18 Block 8) shall be
planted in accordance with UDC 11-313-12 including a landscape strip a minimum of
five(5) feet wide along each side of the pathway and one (1)tree per one hundred
(100) linear feet of pathway, or the applicant shall apply for alternative compliance
prior to signature of the City Engineer on the final plat.
5. The applicant shall preserve any existing trees on the subject property that are four-inch
caliper or greater; or mitigate for the loss of such trees as set forth in UDC I 1-3B-IOC.
6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC I I-3A-7 and 11-3A-6B, as applicable.
7. The development shall comply with standards and installation for landscaping as set forth in
UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13.
8. Developer shall comply with all ACHD conditions of approval.
9. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or
drainage courses, as set forth in UDC 11-3A-6.
10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter
from the United States Postal Service stating that the applicant has received approval for the
location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more
information.
11. Staff s failure to cite specific ordinance provisions does not relieve the applicant of
responsibility for compliance.
SITE SPECIFIC CONDITIONS:
1. Streetlights must be installed and operational,with approved record drawings submitted,before
any form of occupancy.
Page 12
Page 28
Item#3.
GENERAL CONDITIONS:
1. Sanitary sewer service to this development is available via extension of existing mains adjacent
to the development. The applicant shall install mains to and through this subdivision; applicant
shall coordinate main size and routing with the Public Works Department,and execute standard
forms of easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
3. All improvements related to public life,safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided
by the owner to the City. The applicant shall be required to enter into a Development Surety
Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable
letter of credit, cash deposit or bond. Applicant must file an application for surety, which can
be found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, and water infrastructure for a
duration of two years. This surety amount will be verified by a line item final cost invoicing
provided by the owner to the City. The surety can be posted in the form of an irrevocable letter
of credit, cash deposit or bond. Applicant must file an application for surety, which can be
found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
Page 13
Page 29
Item#3.
13. All grading of the site shall be performed in conformance with MCC 11-1413.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
15. The engineer shall be required to certify that the street centerline elevations are set a minimum
of 3-feet above the highest established peak groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development
plan set for approval, which must include the location of any existing street lights. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and
Utility Coordinator at 898-5500 for information on the locations of existing street lighting.
19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right
of way (include all water services and hydrants). The easement widths shall be 20-feet wide
for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,
but rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development,and if so,how they will continue to be used, or provide
record of their abandonment.
22. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available,a single-point
Page 14
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Item#3.
connection to the culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for the common areas
prior to development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
Page 15
Page 31
7/tem 77
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Final Plat for Woodcrest Townhomes (FP-2022-0010) by Blaine A. Womer Civil
Engineering, Located at 1789 N. Hickory Dr.
Page 32
Item#4.
C� fIEN DLAN
HO
MEMO TO CITY COUNCIL
Staff Contact:Sonya Allen Meeting Date: April 12, 2022
Topic: Final Plat for Woodcrest Townhomes (FP-2022-0010) by Blaine A. Womer Civil
Engineering, Located at 1789 N. Hickory Dr.
Request:
Final plat consisting of 19 building lots and 5 common lots on 1.97 acres of land in the R-15 zoning
district.
Information Resources:
Click Here for Application Materials
Page 33
Item#4.
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT I D A H O
HEARING 4/12/2022 Legend EEE] � _----
DATE: - r
CI
Prnjeot Lacfl=or ® -
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: FP-2022-0010
Woodcrest Townhomes—FP,ALT
LOCATION: 1789 N. Hickory Way, in the SE '/4 of
Section 5,Township 3N.,Range 1E.
I. PROJECT DESCRIPTION
Final plat consisting of 19 building lots and 5 common lots on 1.97 acres of land in the R-15 zoning
district for Woodcrest Townhome Subdivision.
II. APPLICANT INFORMATION
A. Applicant:
Andrew Newell,Blaine A. Womer Civil Engineering—4355 W. Emerald St., Ste. 145,Boise, ID
83706
B. Owner:
Landmark Pacific Development, Inc.—PO Box 1939,Eagle,ID 83616
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H-
2021-0082) and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same
number of buildable lots and common open space depicted on the proposed final plat as shown on the
approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance
with the approved preliminary plat as required.
The Applicant also requests alternative compliance to UDC 11-3F-5D,which requires the residential
development to be a(mew or) gated development. As an alternative to a traditional functioning gate,
Page 1
Page 34
Item#4.
a faux gate is proposed at the entry of the subdivision to signify the street is for private rather than
public use. In accord with the Findings in Section VII, the Director finds the proposed faux gate to be
an acceptable and equal means of meeting the intent of the code requirement.
The subject property is a lot(i.e. Lot 4,Block 1)in Mallane Subdivision.Note#10 on the subdivision
plat states that all lots in the subdivision are subject to common/cross access/ingress-egress pursuant
to the CC&R's recorded as Inst.No. 103165333.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat with the conditions of approval in Section
VI of this report. The Director approved the request for Alternative Compliance to UDC 11-3F-
5D per the Findings in Section VII.
Page 2
Page 35
Item#4.
V. EXHIBITS
A. Preliminary Plat(date: 9/7/2021)
PRELIMINARY PLAT OF
WOODCREST TOWN HOMES SUBDIVISION n
A PI EL OF LAND LOGTED IN THE MUNWEST 1/4 OF FILE SO.THE 1/4 OF SEWON O -
TOWNSHIP 3 NDRTIL,-GE,EAST,ROISE MERIDIAN
CRY OE MERIONN AOR COUNTY,IOAILO "_"' •••� •�•"'�
SEPTEMBER,2021
VICINITY MAP
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i s i NTS
nee 5 eoNlsloNxat
PRELIMINARY PLAT IANDUSE SUMMARY
n, � \2\p''' 4 �j r i, urzx nc�s ^A DEVELOPMENT NOTES
21.1
CLfNETABLE __ _ / /—
s\
LIGEND
CONTACT INFORMATIONx.x,
I Gov
-VP—
-suxsrga _ _ -- _---__ _____ -.__,L.
______�LwpS[vK e1RNlhtt � 8 ---�r E E gmlm ¢srx lLLLUNE c v a v xrv,rt SDBO-ON
vmq HENCHNNiN: xErr xo.
LLnowMmsrallebw. `o °"P€` "' e aTv of MERlolarv, B PP-,
y ^ BLAINE A_WOMER WOODCREST TOWNHOMES SUBDIVISION
CallflefOEeyd1 c°au,x¢PmvT wss oEEx,ssuTu _a_ CMLENCJ—NG COVER SHEEP �aEp
DII—O SrnrUS yi*�L ,l�! �«PREE itsPRELIMINARY PLAT n. 14200w
Page 3
Page 36
Item#4.
B. Final Plat(date: 2/7/2022)
PLAT OF
WOODCREST SUBDIVISION
A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 5
TOWNSHIP 3 NORTH.RANGE 1 EAST, HIE MERIDIAN
CITY OF MERIDIAN.ADA COUNTY. DAHO 1
2022
/ DOVE MEADOWS
SUBDIVISION NO.1� -
I
/ DOVE MEADOWSr-
SUBDIVISION NO,1 *AOR,*Ay ` SHEET KEY
clwnFl..h
i
LENENF)
———— ———— �aoR xre uE
MALLANE
SUBDIVISION
IM1
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it
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g 9 32x'e a,,.ss CONTACT INFORMATION
1 ENGINEER PIANNDi
1 '+ Y I SUFVEYOR
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Nge'3335'M 11925' NFAL PoINi _ �IuD I� E rZl limn
IR29'39i 25292 �AEp NNING = 1'
MALLANE
90BDIVISION
�&F 1,s No.9223 4 .. .— .—.. rvtl9"31 1- 2 4
9 1/1 Cor FH932'S9'W 29],2fi 5].96' CA9F Insl
Sec.5 �IM0.A'9]8
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Page 4
Page 37
Item#4.
C. Landscape Plan(date: 11/4/2021) &Amenity Detail
LANDSCAPE LEGEND
7CP-
o
PLANT SCHEDULE
W
m
CALLOUT LEGEND 9
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F
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a
a ° s
LANDSCAPE PLAN
0
LANDSCAPE SET SHEET INDEX 0 THIS SHEET 11.0 LANDSCAPE PLAN
SEE SHEET L2 0 FOR LANDSCAPE NOTES AND DETAILS.
SEE SHEET L3.0 FOR IRRIGATION NOTES&DETAILS
SEE SHEET L3.1 FOR IRRIGATION CONTROL DETAILS L1.0
SEE SHEET L3 2 FOR DRIP IRRIGATION DETAILS
Page 5
Page 38
Item#4.
lilfl'
�A7E3.:
BEFCH,ARK: 1 uo.
CITY JE AIERI�IAN,ID
Know whaft below. o o r EI•Irtu>rEc FB BLAINE A.WOMER 1SoaDCREST SL9NMSON I of I
Call before you dig "IE In o-c_E nb=_ ewclwEFawc •s ��• AMENITY EZHl9f1 ,�E.,a,
.,.,.s., •,���
E o nei o-lr-i o._ cma
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Page 6
Page 39
�I OWN
73
it
moll -4o
Item#4.
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-2021-0015 (DA Inst. #2022-018604;H-2021-0081)].
2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years
of approval of the preliminary plat(by January 18,2024); or,a time extension may be
requested.
3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. The final plat shown in Section V.B prepared by Blaine A. Womer Civil Engineering, shall
be revised as follows:
a. Note #10: "Lots shall not be reduced in size without prior approval from the health
authority and the City of Meridian."
b. Note #14: Include the recorded instrument number of the ACHD landscape license
agreement.
c. Note#15: Include the recorded instrument number of the NMID license agreement.
d. Remove the former 25' landscape easement along the project's northwest boundary as it's
no longer required with residential development.
e. Remove the building setback line from the face of the plat and the Legend.
f. The final plat shall be stamped, signed and dated by the PLS.
An electronic copy of the revised plat shall be submitted with the final plat for City Engineer
signature.
5. The landscape plan shown in Section V.C, dated 11/4/21, shall be revised as follows:
a. Depict a pathway from the sidewalk along the private street on the west end of the site
through the common area to the parking area at the southeast corner of the site as required
by preliminary plat condition #3a. Also, depict landscaping along the pathway in accord
with the standards listed in UDC 11-3B-12C.
b. Depict the location of the faux gate at the entrance to the subdivision off the north/south
shared drive aisle from N. Hickory Way.
c. Remove the shrubs that are depicted along the northwest boundary of the site as a
landscape buffer is not required with this development.
d. The location of the pedestrian pathway on Lot 17,Block I shall be shifted away from
Lots 18 and 19 as much as possible to comply with the standard in UDC 11-313-12C.1,
which requires a minimum 5-foot wide landscape strip to be provided along each side of
pathways,while not encroaching in the 2-foot wide vehicle overhang area adjacent to the
row of parking along the east boundary of the site.
An electronic copy of the revised plat shall be submitted with the final plat for City Engineer
signature.
Page 8
Page 41
Item#4.
6. All development shall comply with the dimensional standards for the R-15 zoning districts
listed in UDC Table I1-2A-7.1n the case where a wider easement exists, a greater setback may
be required.
7. Install "No Parking Fire Lane" signs along the private street per requirement of the Fire
Department in accord with ACHD standards.The bottom of the sign(s)should be 7-feet above
the road/sidewalk surface and shall not be in the travel way.The sign(s)shall be installed about
6-inches to 1-foot behind the curbing or edge of pavement on a Telspar post. No other signs
shall be approved:
8. A private street application was tentatively approved by the Director on January 5,2022 for
the proposed private street. Compliance with the standards for such listed in UDC 11-3F-4 is
required. The Applicant has one(1)year to complete the tasks listed in UDC 11-317-313 in
order to obtain final approval of the private street. Upon completion of these tasks,the
Applicant shall submit documentation to the Planning Division verifying completion and the
Director will issue a letter stating the private street has been approved. No building permit
shall be issued for any structure using a private street for access to a public street until
the private street has been approved per UDC 11-3F-3B.5.
9. The private street shall connect to the collector street(i.e.N. Hickory Way) for emergency
wayfinding purposes; the connection requires approval from ACHD. If not possible to
connect,the Applicant shall submit an application for alternative compliance to UDC 11-3F-
4A.2.
10. "No Parking Fire Lane" signs are required to be installed the entire length of the private street
in accord with ACHD standards; if a curb exists next to the drive aisle, it shall be painted red
per UDC 11-317-413.2d.
11. All ditches are required to be piped in accord with UDC 11-3A-6A unless waived by City
Council or used as a water amenity or linear open space.
12. The Director approved alternative compliance to UDC 11-317-51) to allow faux gates to be
constructed at each end of the private street as shown in Section V.D, rather than fully
functioning gates that restrict access to the development.
13. The Applicant shall provide a letter from the United States Postal Service stating that the
applicant has received approval for the location of mailboxes.Contact the Meridian Postmaster,
Sue Prescott, at 887-1620 for more information.
14. A Design Review application shall be submitted for all of the structures in the development
and approved prior to submittal of application(s)for building permits.The elevations submitted
shall comply with the design standards in the Architectural Standards Manual and the
provisions in the Development Agreement.
15. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat
and/or development agreement does not relieve the Applicant of responsibility for compliance.
B. Public Works
Site Specific Conditions:
1. A streetlight plan has not been approved. Streetlights must be installed and operational,with
approved record drawings submitted,prior to occupancy of any building within the
development.
Page 9
Page 42
Item#4.
2. Sewer services shall be installed perpendicularly to the water main, or discharge directly into
a manhole. Block 1,Lot 2,Block 1, Lot 5, and Block 1, Lot 6 do not meet this requirement
and need adjustment.
3. A geotechnical report was not provided with the Final Plat application. A geotechnical report
must be provided and reviewed prior to signature of the Final Plat.
General Conditions:
4. Sanitary sewer service to this development is available via extension of existing mains adjacent
to the development. The applicant shall install mains to and through this subdivision; applicant
shall coordinate main size and routing with the Public Works Department,and execute standard
forms of easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
5. Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
6. All improvements related to public life,safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
7. Upon installation of the landscaping and prior to inspection by Planning Department staff,the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
8. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
9. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided
by the owner to the City. The applicant shall be required to enter into a Development Surety
Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable
letter of credit, cash deposit or bond. Applicant must file an application for surety, which can
be found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
10. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, and water infrastructure for a
duration of two years. This surety amount will be verified by a line item final cost invoicing
provided by the owner to the City. The surety can be posted in the form of an irrevocable letter
of credit, cash deposit or bond. Applicant must file an application for surety, which can be
found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
11. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
Page 10
Page 43
Item#4.
13. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. All grading of the site shall be performed in conformance with MCC 11-1-4B.
17. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
18. The engineer shall be required to certify that the street centerline elevations are set a minimum
of 3-feet above the highest established peak groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least 1-foot above.
19. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
20. At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
21. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development
plan set for approval, which must include the location of any existing street lights. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and
Utility Coordinator at 898-5500 for information on the locations of existing street lighting.
22. The applicant shall provide easement(s)for all public water/sewer mains outside of public right
of way (include all water services and hydrants). The easement widths shall be 20-feet wide
for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,
but rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to signature of the final plat by the City Engineer.
23. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
24. Any wells that will not continue to be used must be properly abandoned according to Idaho
Well Construction Standards Rules administered by the Idaho Department of Water
Resources. The Developer's Engineer shall provide a statement addressing whether there are
any existing wells in the development, and if so,how they will continue to be used, or provide
record of their abandonment.
Page 11
Page 44
Item#4.
25. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
26. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for the common areas
prior to development plan approval.
27. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
VII. FINDINGS
A. Alternative Compliance(UDC 11-513-5): In order to grant approval of an alternative compliance
application,the Director shall determine the following:
1. Strict adherence or application of the requirements is not feasible; OR
The Director finds strict adherence to the required finding for private streets listed in UDC
11-3F-5D which requires the residential development to be a (mew or)gated development is
feasible.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the proposed alternative compliance ofproviding a faux gate at the entry
of the private street provides an equal means for meeting the requirement in that it signifies a
private area that is not for public access.
3. The alternative means will not be materially detrimental to the public welfare or impair the
intended uses and character of the surrounding properties.
The Director finds that the proposed alternative means of compliance will not be detrimental
to the public welfare or impair the intended use%haracter of the surrounding properties.
Page 12
Page 45
Item#5.
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Conduit License Agreement Between the City of Meridian and Fatbeam, LLC
for Conduit Sharing
Page 46
CONDUIT LICENSE AGREEMENT
This CONDUIT LICENSE AGREEMENT ("Agreement") is entered into between City of Meridian, an Idaho
Municipal Corporation("City") and Fatbeam, LLC, an Idaho Limited Liability Company("Fatbeam"). This Agreement as
of the 10th day of March, 2022 (the "Effective Date"). Each of the City and Fatbeam are individually referred herein as a
"E�"and collectively as the"Parties."
RECITALS
WHEREAS,the City has a conduit system approximately 2,284 feet in length, as set forth in Exhibit A to this
Agreement(the "City Route");
WHEREAS,Fatbeam has a conduit system approximately 2,777 feet in length, as also set forth in Exhibit A to
this Agreement(the "Fatbeam Route") (together with the City Route, each a"Route"and collectively the"Routes");
WHEREAS,the City and Fatbeam believe that the interests of the public and the Parties will be well served by
City and Fatbeam respectively licensing to the other party,the access and use of each respective Route in accordance with
the terms and conditions contained herein and that the value of the exchanged fiber in City's Route is roughly equal to the
value of the exchanged fiber in Fatbeam's Route.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for
other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereby
agree as follows:
1. EXCHANGE OF CONDUIT.
1.1 As of the Effective Date of this Agreement,and subject to Section 1.2 below, Subject to the terms set forth
herein: (i)City hereby irrevocably(except in the case of uncured breach of this license)licenses to Fatbeam,and Fatbeam's
employees and authorized agents,to: (A) access, occupy, and right to use,the City Route, for the purposes set forth in this
Agreement.; and(B)install fiber, and(ii)Fatbeam hereby irrevocably(except in the case of uncured breach of this license)
licenses to the City, and City's employees and authorized agents, to: (C) access, occupy, and right to use, right to use,
Fatbeam Route; and(B) install fiber. Exhibit A is attached hereto and incorporated by reference.
1.2 Prior to commencement of the respective license set forth in Section 1.1, and as a precondition to each
Parry's respective obligations to exchange as contemplated hereunder, each Party shall, no later than thirty(30) days from
notice received from the other Party of proposed delivery of the respective Routes, perform an inspection of the Route to
verify that its "as-is" condition is acceptable to the respective Party. Each Party shall review the results of the testing and
provide written notice accepting (or rejecting by specifying the defect or failure in the testing which is the basis for such
rejection)the other party's Route.If a Party fails to provide notification of its acceptance or rejection of the final test results
with respect to the other Party's Route within thirty(30)days after the receipt of the notice of proposed delivery,the recipient
Party shall be deemed to have accepted the other Party's Route. The date of such notice of acceptance (or deemed
acceptance)of the Route shall be the"Acceptance Date"for the Fatbeam Conduit. In the event of any good faith rejection,
the granting Party shall take such action reasonably necessary and as expeditiously as practicable to correct or cure such
defect or failure and the process of testing,provide notice to the other Party and acceptance shall be repeated with respect
to such rejected Route.
1.3 Subject to the provisions of this Agreement, each Party shall have responsibility for determining any
network and service configurations or designs,routing configurations,rearrangement or consolidation of channels or circu4s
and all related function with regard to the use of that Party's Route.
DocuSign Envelope ID:3391E359-29EC-4171-AD2A-512D6F4F7C26
2. CONSIDERATION. The Parties mutually acknowledge and agree that the mutual license and exchange of the
respective Routes is fair and valuable exchange of consideration.
3. LICENSE TERM.The initial term of the license set forth in Section 1 shall commence upon the Acceptance
Date, and shall continue for a period of twenty(20)years ("Initial License Term."). Upon the expiration of the Initial
License Term,the term of the license shall continue for two(2) successive five(5)year periods respectively(each and
collectively,the"Renewal License Term"),unless otherwise terminated by either Parry upon written notice not less than
ninety(90) days prior to the termination of the Initial License Term or a Renewal License Term. Both the Initial License
Term and the Renewal License Term are collectively referred to herein as the"License Term."
4. FIBER. The Parties acknowledge and agree that: (a)Each Parry may elect, in its discretion,to install fiber(s)into
the other party's Route which it is licensing under this Agreement; and(b)upon the installation of fiber(s), all ownership
rights shall vest in the install Party. The non-installing Party hereby assigns all right,title and interest in and to the
fiber(s),that the non-installing Parry may now or hereafter have in and to the fiber(s).
5. WARRANTY
5.1 With respect to the respective Routes, each Party represents and warrants to the other Party that:
(a) the Routes have been constructed in accordance with industry standards in effect at the time of construction;
(b) During the License Term,the conduit in the Routes, and the construction thereof, shall materially conform
with the Specifications. If either Party discovers any defect in construction within twelve (12) months following the
Effective Date,the other Party which licensed the defective Route shall,within fifteen(15)days of receiving written notice
of such defect, correct any such defect within thirty(30)days thereafter at licensing Party's expense or provide notice of its
dispute as to any defects. In the event the correcting Party is unable to correct any such defect with that thirty (30) day
period,the other Party may elect to provide notice to terminate this Agreement;
(c) it is the true and lawful owner,and it currently holds all rights,licenses,permits,authorizations,franchises,
rights of way, easements and any other necessary governmental approvals;
(d) During the License Term, each Party shall obtain and maintain in full force and effect all rights, licenses,
permits, authorizations, franchises,rights-of-way, easements, leases, access rights and other rights, consents and approvals
(collectively, the "Required Rights") that are necessary in order to permit the other Party to construct, install and keep
installed,replace,repair and maintain the respective Route;
(e) No Hazardous Materials(as defined below)shall be created,stored,used,disposed of,brought to or handled
at any time on or near the Routes, except Hazardous Materials contained in or used in connection with construction
equipment necessary for the operation of such equipment or vehicle being used for work which is authorized this Agreement.
For purposes of this Agreement, "Hazardous Materials" means material that, because of its quantity, concentration or
physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local governmental
authority to pose a present or potential hazard to public health,welfare or the environment; and
(f) Each Party agrees to transfer and assign to the other Parry any warranty it may have received from the
manufacturer, or supplier,to the extent that such warranty is assignable.
5.2 EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY,
EXPRESS OR IMPLIED, WITH RESPECT TO THE RESPECTIVE ROUTES, INCLUDING THE CONDUIT, HAND
HOLES OR OTHER ASSOCIATED MATERIALS,INCLUDING ANY WARRANTY OF MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. IN
ADDITION, EXCEPT AS SET FORTH IN THIS AGREEMENT, CITY MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY TYPE CONCERNING THE INTEGRITY OR PERFORMANCE OF THE MATERIALS
FURNISHED BY FATBEAM.
6. LIMITATION OF LIABILITY
2
DocuSign Envelope ID:3391E359-29EC-4171-AD2A-512D6F4F7C26
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL,INCIDENTAL,RELIANCE,OR PUNITIVE DAMAGES OF ANY KIND OR NATURE
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS,LOST REVENUES,LOST SAVINGS,
OR HARM TO BUSINESS.EACH PARTY HEREBY RELEASES THE OTHER PARTY,ITS SUBSIDIARIES AND
AFFILIATES,AND THEIR RESPECTIVE OFFICERS,DIRECTORS,MANAGERS,EMPLOYEES,AND AGENTS,
FROM ANY SUCH CLAIM.
7. GENERAL
7.1 Default and Termination. In the event of a default,the non-defaulting party must provide written notice of
such default including reasonable detail, and an opportunity to cure the default within thirty(30)days after receipt of such
notice.Notwithstanding,when a default cannot reasonably be cured within such thirty (30) day period, the time for curing
such default shall be extended for a period no longer than sixty(60) days from the date of the receipt of the default notice
if the Party proceeds promptly to cure the default with due diligence.
7.2 Notices. All notices and other communications required or permitted under this Agreement shall be in
writing and shall be given by United States first class mail,postage prepaid,registered or certified,return receipt requested,
or by hand delivery(including by means of a professional messenger service)addressed as follows:
To Fatbeam as follows:
Fatbeam,LLC
2065 W. Riverstone Drive, Suite 105
Coeur d'Alene, ID 83814
Attn: Chief Operating Officer
To City as follows:
David Tiede, CIO
Meridian City Hall
33 E. Broadway Ave,
Meridian,Idaho 83642
With a Copy to Meridian City Clerk
Any such notice or other communication shall be deemed to be effective when actually received or refused. Either
party may by similar notice given change the address to which future notices or other communications shall be sent.
7.3 Assignment. Neither party shall assign or otherwise transfer, by operation of law or otherwise, any of its
rights or obligations under this Agreement without the express written consent of the other party, which consent shall not
be unreasonably withheld or delayed.Notwithstanding the foregoing, either party may assign or otherwise transfer without
the express written consent of the other party in connection with: (i) any disposition of all or substantially all of the assets
of either party; (ii) any merger, consolidation or reorganization of either party; (iii) any assignment, in whole or in part, to
any subsidiary, parent company or other affiliate of either party; (iv) any collateral assignment, security interest or pledge
of this Agreement to a lender; or (v) any lease, sublease, sub easement, sublicense, indefeasible right of use, or sale or
transfer of, conduit, fiber or similar facilities by either party within its telecommunications system to any third-party users
of such facilities.
7.4 Costs. Each party shall bear all of its own attorney's fees and other expenses related to this Agreement.
3
DocuSign Envelope ID:3391 E359-29EC-4171-AD2A-512D6F4F7C26
7.5 Governing Law.This Agreement shall be governed by and construed solely in accordance with the laws of
the State of Idaho with jurisdiction in the Fourth Judicial District,Ada County Court.
7.6 Force Majeure.Neither Party shall be liable to the other for any failure of performance under this Agreement
due to causes beyond its control,including,but not limited to: acts of God,fire,flood or other catastrophes,adverse weather
conditions, material or facility shortages or unavailability not resulting from such party's failure to timely place orders
therefore, lack of transportation, the imposition of any governmental codes, ordinances, laws, rules, regulations or
restrictions, national emergencies, insurrections, terrorism, riots, wars, or strikes, lockouts, work stoppages or other labor
difficulties.
7.7 Complete Agreement. This Agreement and any other written agreement expressly referenced herein
represent the entire understanding between Fatbeam and City with respect to the installation and sale of the Fatbeam Conduit
and Ancillary Facilities covered hereunder and incorporate all prior and contemporaneous understandings,whether written
or oral,between the parties.This Agreement supersedes all other prior oral or written agreements concerning the installation
and sale of the Fatbeam Conduit and Ancillary Facilities covered hereunder. This Agreement may not be rescinded,
amended, or otherwise modified except by a writing executed by the authorized representatives of both parties.
7.8 No Personal Liability. Each action or claim against any party arising under or relating to this Agreement
shall be made only against such party as a corporation, and any liability relating thereto shall be enforceable only against
the corporate assets of such party.No party shall seek to pierce the corporate veil or otherwise seek to impose any liability
relating to, or arising from,this Agreement against any shareholder, employee, officer, director or agent of the other party.
Each of such persons is an intended beneficiary of the mutual promises set forth in this Section and shall be entitled to
enforce the obligations or provisions of this Section.
[Signature page follows]
4
DocuSign Envelope ID:3391E359-29EC-4171-AD2A-512D6F4F7C26
IN b WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first written
above.
Fatbeam,LLC City of Meridian
DocuSigned by;
B 6LSbin, 6t,A�,�.XS
y 1453816E39B84B5_ By.
Printed Name: Jason Koenders Printed Name: Robert E. Simison Title: Mayor
Title: COO&CTO 4-12-2022
Attest:
Chris Johnson,City Clerk
4-12-2022
5
DocuSign Envelope ID:3391 E359-29EC-4171-AD2A-512D6F4F7C26
EXHIBIT
Routes
Imp
City
i1 f b
' •ute—conduit and junction boxesowns in the subsurface of MeridianRoad between Elm Avenue to Idaho
Avenue
Fatbeam Route—conduit Fatbearn owns in the subsurface of Eagle Road from Fire Station 4 at 3545 N. Locust Grove Rd,
Meridian, Idaho 83642 to roughly 325 feet south of the South Eagle Road/East Victory Road intersection
_, ' t I�IIIIII
.w� •.ti EIB x ml
p,��Qonala Lateral
•
DocuSign Envelope D.
DocuSign
Certificate Of Completion
Envelope Id:3391E35929EC4171AD2A512D6F4F7C26 Status:Completed
Subject: Please DocuSign:CITY OF MERIDIAN—CONDUIT LICENSE AGREEMENT—FINAL 04042022.pdf
Source Envelope:
Document Pages:6 Signatures: 1 Envelope Originator:
Certificate Pages: 1 Initials:0 Chariti Zlateff
AutoNav: Enabled 2065 W. Riverstone
Envelopeld Stamping: Enabled Ste. 105
Time Zone: (UTC-08:00)Pacific Time(US&Canada) Coeur d'Alene, ID 83814
chariti.zlateff@fatbeam.com
IP Address: 148.59.195.106
Record Tracking
Status:Original Holder:Chariti Zlateff Location: DocuSign
4/4/2022 5:04:28 PM chariti.zlateff@fatbeam.com
Signer Events Signature Timestamp
Jason Koenders cy: Sent:4/4/2022 5:05:44 PM
jason.koenders@fatbeam.com ED—Si,"ed
aSbin dot bt p c r� Viewed:4/4/2022 5:06:05 PM
T1453816E39B84B5... 4/4/2022 5:0 :10 PM
COO/C O Signed: 6
Fatbeam,LLC
Security Level: Email,Account Authentication Signature Adoption: Pre selected Style
(None) Signed by link sent to jason.koenders@fatbeam.com
Using IP Address: 148.59.195.106
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/4/2022 5:05:44 PM
Certified Delivered Security Checked 4/4/2022 5:06:05 PM
Signing Complete Security Checked 4/4/2022 5:06:10 PM
Completed Security Checked 4/4/2022 5:06:10 PM
Payment Events Status Timestamps
7/tem 77
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Memorandum of Agreement for the Civic Block Development Proposal
Between the City of Meridian, the Meridian Development Corporation, and Meridian Caddis, LLC
Page 54
MEMORANDUM OF AGREEMENT
CIVIC BLOCK DEVELOPMENT PROPOSAL
This MEMORANDUM OF AGREEMENT ("Agreement") is made this12th day
of April , 2022 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"), and Meridian Development
Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC") and
Meridian Caddis, LLC, a Michigan limited liability company registered to do business in Idaho
("Respondent"). The foregoing may be collectively referred to as "Parties" or individually as a
"Part "
Y•
WHEREAS,MDC in cooperation with the City issued a Request for Proposals ("RFP")
seeking proposals from interested parties for the development or redevelopment of the Civic Block
property(the "Project") containing parcels owned by the City and MDC;
WHEREAS,River Caddis Development, LLC, a Michigan limited liability company(the
"Original Respondent") submitted one of three proposals received and was selected by MDC and
the City subject to certain contingencies;
WHEREAS, Respondent is wholly owned by Original Respondent or its principals and was
formed by Original Respondent for purposes of entering into this Agreement and the Definitive
Agreements (as defined in Article 2, below) and pursuing the Project;
WHEREAS, the Parties desire to describe the process necessary for the Respondent's
proposal to move forward;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
1. MDC and the City's acceptance of the Original Respondent's proposal was conditioned upon
the attached list of contingencies which includes RFP and RFP addendum content, the Original
Respondent's proposal and presentations, as well as conditions discussed at MDC and City joint
public meetings where Original Respondent was present(See Exhibit A attached hereto and
incorporated by reference herein). The Parties acknowledge and agree to these contingencies and
that they will be incorporated into the Definitive Agreements or survive the execution of the
Definitive Agreements, as applicable.
2. The Respondent agrees that its Proposal will remain valid until the completion of negotiations
and possible execution of (i) a purchase and sale agreement for the City property between the City,
as seller, and MDC, as purchaser(the "City/MDC Purchase Agreement"); (ii) a purchase and sale
agreement between MDC as seller, and Respondent, as purchaser, for the MDC property and the
City property(the MDC/Respondent Purchase Agreement"); and(iii) an owner participation
agreement for the entire Project property between MDC and Respondent, as developer(the "OPA")
(all of the aforementioned agreements in this paragraph are collectively referred to as the
"Definitive Agreements"). The Parties acknowledge that the sale of the City property to MDC is
subject to a public process and is a necessary component of the Definitive Agreements. The Parties
acknowledge that the City cannot guarantee an outcome and/or commit to transfer of the city
MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 1 OF 8
42358753.10
property to MDC in advance of that public process.
3. This Agreement is governed by the laws of the State of Idaho, constitutes the entire
understanding between the Parties and may not be modified except by written consent of all the
Parties. The Parties agree to participate in the negotiation of the Definitive Agreements in good
faith. This Agreement will automatically terminate if the Definitive Agreements acceptable to all
parties are not executed by City, MDC and Respondent as applicable on or before 5:00 pm on
December 31, 2022 (the "Negotiation Period Expiration Date"). If this Agreement is in effect, then
between the Effective Date and the Negotiation Period Expiration Date, City and MDC shall deal
exclusively with the Respondent in connection with the Project and shall not negotiate, discuss or
enter into any purchase agreement, owner participation agreement or similar agreement with respect
to the Project or the Project property as referenced above with any other party. The Parties may
extend the Negotiation Period Expiration Date by mutual written amendment to this Agreement.
Upon the execution of the Definitive Agreements by the Parties, this Agreement shall be of no
further force or effect, except for those obligations set forth herein that expressly survive the
execution of the Definitive Agreements.
4. Either Party may terminate this Agreement upon thirty(30) days written notice of default
regarding the terms and conditions of this Agreement or for lack of substantial progress in the
negotiations of the Definitive Agreements. If the defaulting Party cures the default or lack of
substantial progress within the thirty(30) day period described in the notice, then the notice shall be
deemed withdrawn and this Agreement will remain in effect. Any notices, demands or requests
required or permitted to be given hereunder must be in writing and shall be deemed to be given(i)
when hand delivered; or(ii) one (1)business day after delivery to FedEx or similar overnight
service for next business day delivery; or(iii)three (3)business days after deposit in the U.S. mail
first class postage prepaid; or(iv) when sent by facsimile or electronic (pdf)transmission during
normal business hours (i.e., 8:00 a.m. to 6:00 p.m., Monday through Friday), if such transmission is
immediately followed by any of the other methods for giving notice. For communication purposes
the contact information for the Parties is as follows:
Ashley Squyres
Meridian Development Corporation
104 E.Fairview#239
Meridian,ID 83642
208-830-7786
Email:_meridiandevelopmentcorp@gmail.com
John McGraw
Director of Development
River Cadis Development,LLC
1038 Trowbridge Road
East Lansing,Michigan 48823
Email:jmcgraw@rivercaddis.com
Bruce Freckleton
City of Meridian
33 E.Broadway Ave
Meridian,ID 83642
Email:bfreckleton@meridiancity.org
[SIGNATURES ON FOLLOWING PAGE]
MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT
42358753.10 PAGE 2 OF 8
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement effective as of the
date first noted above.
MERI DEVELOPMENT CORPORATION:
By: Dave Winder, Chairman Attest: S ve Vlassek, Secretary
CITY OF MERIDIAN:
° sFat.
Robert E. Si son ayor 4-12-2022 Attest: Chri Johnso`;° Clerk 4-12-2022
MERIDIAN CADDIS,LLC
�411 '
By: Kevin T. McGraw, 4-15-22
MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 3 OF 8
42358753.10
Item#6.
EXHIBIT A
Civic Block Project
Development Contingencies
MDC and the City recommend approval of the Respondent's proposal with the
contingencies cited below, which will be incorporated into the Definitive Agreements
as applicable. It is important to note that the OPA will place all of the risk on the
Respondent as to whether the tax increment generated by the Project will be sufficient
to cover the reimbursable costs of the Project and corresponding improvements. If the
required contingencies are not met, the Project will not move forward, and the City and
MDC will not have expended any funds.
• The final Project must address the Guiding Principles and Basis for Selection
criteria outlined in the RFP and incorporated herein by this reference. To the extent
that the list set forth below contains additional requirements beyond what is
specified in the RFP, the more specific requirements shall prevail. Specifically:
a. Preferred projects should feature a mixed-use development with active
street level uses that will bring visitors to the area, service downtown
residents and workers, and contribute to the vitality of Downtown
Meridian.
b. The Project should"substantially conform with the vision, goals,
and objectives of Destination Downtown, the Meridian
Revitalization and Union District Plans, and the Comprehensive
Plan for the City of Meridian."
c. Economic benefits include...broadening and enhancing the
economic base of the downtown, stimulating new growth and
other private development and investment, tax revenue generated,
increased property values, long term economic opportunities,
employment and job creation, and attraction of visitors and
residents to support downtown businesses.
d. Preferred projects will include outdoor spaces that encourage
public gathering.
e. Respondent timelines and cost breakdowns should include all
visioning, community outreach and engagement, design, Ada
County Highway District ("ACHD") approvals, and construction
for East 2nd Street improvements." Preferred projects are
"encouraged to capitalize on"the enhanced streetscapes and
pedestrian-friendly downtown corridor on East 2nd Street"and
create pedestrian connections to the proposed project.
f. Regarding the public alley vacation, the proposed project must
include one-way vehicular access from East 2nd Street.
Respondent will obtain the approval for the location of the one-
way vehicular access from the adjoining landowners (unBound
and COMPASSNRT).
MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 4 OF 8
42358753.10
Page 58
Item#6.
g. Prior to the execution of the Definitive Agreements, Respondent
shall provide City and MDC representatives with an opportunity
to meet with Respondent's proposed financing provider to discuss
and verify the Respondent's financial ability and financing plan to
complete the project in a timely manner and verify the liquidity
and net worth of the guarantor entity.
• Respondent should begin stakeholder outreach and engagement as soon as
practical. Public notification should include all property owners, residents,
and businesses within 500 feet of the Project site. A minimum of three public
meetings are expected.
• Prior to City's execution of the City/MDC Purchase Agreement, City must be
satisfied with the Project elements, including but not limited to the mix of
uses on the site, number of parking spaces dedicated to the Project and to the
public,public gathering spaces, general site plan and renderings showing
height and mass of the Project, and the Festival Street. The above
information will be included in the OPA as attachments describing the
Project and the OPA will state that any substantial change to these items will
require the approval of MDC. The OPA will also require that the
Respondent consult with the City prior to requesting any substantial changes
to the above attachments and that MDC will consider the input from the City
in regard to the proposed substantial changes.
• To ensure that the Respondent actually closes on the Property in accordance
with the terms of this Agreement and the MDC/Respondent Purchase
Agreement, the City shall not be required to close under the City/MDC
Purchase Agreement until the MDC shall have entered into the
MDC/Respondent Purchase Agreement in accordance with the terms hereof
and the Respondent shall have satisfied or waived all of its contingencies and
conditions to closing thereunder.
• Due to the substantial costs that Respondent will incur in connection with the
negotiation of the Definitive Agreements, due diligence investigations of the
Project site and the design,planning, financing and obtaining approvals for
the Project, including without limitation the planning and approvals required
in connection with the relocation of the Hunter Lateral (as discussed below)
(collectively, the "Pre-Closing Expenses"), it is agreed by City and MDC that
(i) the City/MDC Purchase Agreement, after execution by such parties, shall
not be terminable by either the City or MDC for any reason other than the
Financing Condition(as defined herein), or a default by Respondent under
the MDC/Respondent Purchase Agreement beyond all applicable notice and
cure periods set forth therein; and(ii)Respondent shall be named as an
express and intended third-party beneficiary of the City/MDC Purchase
Agreement, such that if the City fails to close the transaction contemplated
by the City/MDC Purchase Agreement, Respondent shall be permitted to
either seek the remedy of specific performance to ensure that both the City
and MDC perform their respective obligations under the City/MDC Purchase
Agreement or Respondent shall be permitted to seek damages against the
City equal to Respondent's Pre-Closing Expenses. The MDC/Respondent
MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 5 OF 8
42358753.10
Page 59
Item#6.
Purchase Agreement shall also permit Respondent the remedy of specific
performance to ensure that the MDC performs its obligations under the
MDC/Respondent Purchase Agreement and to recover its Pre-Closing
Expenses from MDC in the event of a default by MDC under either the
MDC/Respondent Purchase Agreement or the City/MDC Purchase
Agreement.
• The MDC/Respondent Purchase Agreement shall contain the following
contingencies benefiting Respondent: (a) all site conditions, including
without limitation, soils, geotechnical and environmental conditions shall be
acceptable to Respondent; (b) all matters of title and survey shall be
acceptable to Respondent; (c) Respondent shall have determined that the
Project is economically feasible in Respondent's sole discretion, including
without limitation the costs associated with the relocation of the Hunter
Lateral and Respondent's ability to recover such costs under the OPA; (d)
Respondent shall have received such approvals as are deemed by Respondent
as necessary for the development and construction of the Project; (e)
Respondent shall have obtained financing commitments and such other
incentives as are deemed necessary for the Project by Respondent, all of
which shall be on terms and conditions that are acceptable to Respondent;
and(f) MDC shall have acquired the City property from the City pursuant to
the terms of the City/MDC Purchase Agreement. Other than the
Respondent's costs and expenses incurred in connection with the potential
relocation of the Hunter Lateral, which shall include without limitation the
cost of all investigations, feasibility studies,plans, applications and approvals
procured or prepared by Respondent in connection with such relocation(the
"Lateral Relocation Expenses"), which shall be reimbursed by the City as
provided in this MOA, if the Respondent decides not to proceed with the
Project based upon the foregoing contingencies, then the Respondent shall
bear all of its costs, expenses and fees related to the Project and MDC shall
have no obligation to reimburse Respondent in any manner. The
Respondent/MDC Purchase Agreement shall also provide that if Respondent
waives all contingencies and thereafter defaults in its obligation to purchase
the Property(after all applicable notice and cure periods as may be set forth
in the Respondent/MDC Purchase Agreement), then MDC may terminate the
Respondent/MDC Purchase Agreement and recover from Respondent all of
MDC's actual, out of pocket attorney fees associated with the transactions
contemplated hereunder.
• If the Definitive Agreements are entered into in accordance with the terms of
this Agreement and the Respondent thereafter incurs Lateral Relocation
Expenses but does not ultimately proceed with the Project for any reason
other than the Respondent's default under a Definitive Agreement(including
without limitation a failure of a contingency under the MDC/Respondent
Purchase Agreement or a failure to perform by the City or MDC under the
City/MDC Purchase Agreement or the MDC/Respondent Purchase
Agreement), then the City shall be responsible for, and hereby agrees to
reimburse the Respondent on demand for, all of the Lateral Relocation
Expenses incurred by Respondent. Following such reimbursement,
MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 6 OF 8
42358753.10
Page 60
Item#6.
Respondent shall turn over to the City all plans, studies, applications and
other work product procured or prepared by Respondent in connection with
the Lateral Relocation Expenses. The City's obligation under this paragraph
shall be binding on the City and survive the execution of the Definitive
Agreements and any subsequent termination of the Definitive Agreements.
• The Purchase Price payable by Respondent for the entire Project property
(including both the City property and the MDC property) under the
MDC/Respondent Purchase Agreement shall be equal to the current fair
market value of the City property, as determined by a licensed, MAI real
estate appraiser reasonably acceptable to the City, MDC and Respondent.
Specifically, the appraiser shall take into account the current location of the
Hunter Lateral on the City property in determining the City property's fair
market value. After Closing, it will become necessary to relocate the Hunter
Lateral in order to develop and construct the Project. If Respondent proceeds
to closing under the MDC/Respondent Purchase Agreement, Respondent will
assume responsibility for relocation of the Hunter Lateral from design
through construction and acceptance of improvements by Nampa Meridian
Irrigation District and ACHD. Actual, audited costs are eligible for TIF
reimbursement with the details to set forth in the final OPA. MDC and the
City will continue current efforts to coordinate such relocation with relevant
entities prior to finalizing the Definitive Agreements.
• The MDC/Respondent Purchase Agreement shall also require, as the sole
condition to MDC's obligation to perform thereunder, that Respondent
provide to MDC, prior to closing, the following: (a) a financing commitment
from an established financial institution in order to demonstrate that
Respondent has the financial ability and viable plan to complete the Project
in a timely manner; and(b) copies of loan documentation between
Respondent and its lender that set forth an affirmative obligation for
Respondent to substantially complete the Project within a definitive
construction schedule (but in no event shall Respondent be required to share
its construction budget, operating proforma or other financial documentation)
(collectively, the "Financing Condition")
• The final Project must include funded, adequate parking. Any off-site
parking must be at a specified, approved, alternate location before the
Subject Property will be transferred for development. The Parties may
negotiate additional public parking.
• Respondent shall cover all Project design costs, up to and including without
limitation construction documents, for all buildings, site improvements,
parking, and required public infrastructure improvements.
• Audited, verified costs of reimbursable public improvements would be
eligible for tax increment financing ("TIF")reimbursement,with the details
to be set forth in the final OPA.
• Project funding for reimbursable public improvements will be based on a TIF
performance-based reimbursement model. Reimbursement will be made
upon successful completion of the Project and reimbursable public
MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 7 OF 8
42358753.10
Page 61
Item#6.
improvements and only from an agreed upon portion of the tax increment
dollars received by MDC from the subject property.
• Respondent agrees that its proposal will remain valid for sufficient time to
allow for entitlement approvals and execution of the Definitive Agreements.
• The OPA shall contain liquidated damages provisions whereby if Respondent
fails to construct the Project in accordance with the requirements of the OPA,
subject to force majeure and applicable notice and cure periods set forth
therein, MDC shall be permitted to recover from Respondent liquidated
damages for Respondent's failure to perform. The liquidated damages
recoverable by MDC shall be equal to $25,000/month ($835.00/day) for each
delay day as to key milestone dates for the commencement and completion of
the Project(which shall be more particularly set forth in the OPA); provided,
however, the cumulative liquidated damages payable by Respondent under
the OPA shall in no event exceed the Purchase Price paid by Respondent for
the Property. The OPA will provide that these liquidated damages are to be
waived by MDC in the event that Respondent has shown to MDC's
reasonable satisfaction that it has made good faith progress toward achieving
such key milestone dates for the commencement and completion of the
Project and/or if any such delays were for reasons beyond the reasonable
control of Respondent. In no event shall any type of liquidated damages
exceed the fair market value of the MDC property.
MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 8 OF 8
42358753.10
Page 62
7/tem 77
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Public Works: Fiscal Year 2022 Budget Amendment in the Amount of
$275,650.00 for Well 34 (Test Well) Additional Construction Funds
Page 63
Item#8. Mayor Robert E. Simison
ER-IDIAN� City Council Members:
Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
A H O Luke Cavener Liz Strader
TO: Mayor Robert E. Simison
Members of the City Council
FROM: Brent Blake
Engineering Project Manager
DATE: 3/24/2022
SUBJECT: BUDGET AMENDMENT FOR FY 2022 IN THE AMOUNT OF $275,650 FOR
TEST WELL #34.
I. RECOMMENDED ACTION
A. Move to:
1. Approve the Well 34 Test Well Budget Amendment for$275,650.
2. Authorize the Mayor to sign the amendment.
II. DEPARTMENT CONTACT PERSONS
Brent Blake, Engineering Project Manager 489-0340
Kyle Radek, Assistant City Engineer 489-0343
Warren Stewart, City Engineer 489-0350
Laurelei McVey, Director of Public Works 985-1259
III. DESCRIPTION
A. Background
A test well is the first step in the process of drilling a new well. It provides the City
valuable information allowing them to identify and target the best quality groundwater
and locate the depth to which the final production well will be drilled. This new well site
is in pressure zone 1 in the Northwest area of Meridian.
B. Reason for Amendment
Bids for the construction phase of the test well were opened on February 28, 2022. The
low bid exceeded the balance of the FY22 available funding. In order to award a contract
for construction additional funds are needed. The primary reason for the shortfall is
related to the current bidding environment. The rising cost of materials, equipment, and
fuel, has also contributed to higher than anticipated costs.
IV. IMPACT
A. Strategic Impact:
Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Page 64
Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.orq
item#s. This project meets our mission requirements to identify and prioritize work to anticipate,
plan, and provide public services and facilities that support the needs of our growing
community and ensure modern reliable facilities while maintaining financial
stewardship.
B. Fiscal Impact
Current Funding Status Accounting Comments
FY22 Original Project Funding $ 500,000
Existing Costs $ (127,600) Test Well Design
Available Remaining Funding
Balance $ 372,400
Additional Funding Needed I Cost Comments
Pending Test Well Construction
Bid $ 648,050
Available Funding Balance $ (372,400)
Proposed FY22 Budget Amendment
Total Shortfall $ 275,650 Value
V. ALTERNATIVES
The City could choose not to approve the budget amendment and delay award of a
construction contract to the next fiscal year. However, it is unlikely that a contractor would
guarantee bid prices for 5 months, so the project would likely need to be bid again and prices
could go up or down.
VI. TIME CONSTRAINTS
This project is currently planned for completion in fall of 2022. Choosing not to approve
this request will result in delay of completion by at least 5 months.
Approved for Council Agenda:
Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Page 65
Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.orq
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7/tem 77
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Approve Bid and Award Contract to Treasure Valley Drilling, LLC for Test Well
34 for the Not-to-Exceed Amount of$648,050.00
Page 68
Item#9.
C� fIEN DLAN
HO
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Sandra Ramirez Meeting Date: 4/12/2022
Presenter: N/A Estimated Time: N/A
Topic: Approve Bid and Contract for Test Well 34
Recommended Council Action:
Approve bid and award contract to Treasure Valley Drilling, LLC for Test Well 34 for the Not-to-
Exceed amount of$648,050.00 and authorize the Procurement Manager to sign the Purchase Order
for the Not-to-Exceed amount of$648,050.00.
Background:
This contract is in conjunction with Public Works Budget Amendment in the amount of
$275,650.00.
Page 69
Mayor Robert E Simison
IDIAN�-- City Cewncil Members
Eaw,
Joe Borton
Treg Bemt
D A H O Brad Hoaglun
Public Luke Cavener
Jessica Perreault
Works Department
Liz Strtrader
000
TO: Keith Watts,Purchasing Manager
FROM: Brent Blake,Engineering Project Manager
DATE: 2/1/2022
SUBJECT: WELL #34 TEST WELL - CONSTRUCTION CONTRACT WITH
DRILLNG CONTRACTOR FOR A NOT-TO-EXCEED AMOUNT OF
STBD
I. DEPARTMENT CONTACT PERSONS
Brent A. Blake, Engineering Project Manager 489-0340
Warren Stewart, PW Engineering Manager 489-0350
Kyle Radek, Assistant City Engineer 489-0343
Laurelei McVey, Director of Public Works 985-1259
II. DESCRIPTION
A. Background
The demand for potable water increases as commercial and residential
development continues to surge. Specifically, development is increasing in NW
Meridian creating need for additional water sources. Production wells must be
developed in these areas to enable development; test wells are the first step in the
process. A test well provides the City and drilling contractor with invaluable
information allowing them to identify and target the best quality groundwater and
locate the depth to which the production well will be drilled.
B. Proposed Project
This project is to drill and construct a test well with up to 12 zones.
C. Describe Item
This project entails the construction of a new test well located near the
intersection of Ustick Road and Black Cat Road in pressure zone 1.
III. IMPACT
A. Strategic Impact:
This project meets our mission requirements to identify and prioritize work in
order to anticipate, plan and provide public services and facilities that support the
Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Page 70
Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org
Item#9.
needs of our growing community, and to ensure modern reliable facilities while
maintaining financial stewardship.
B. Fiscal Impacts
Project Costs:
Fiscal Year 2022
Engineer Estimate $525,000.00
Total $525,000.00
Project Funding
Fiscal Year 2022 Account Code
60-3490-9617.9 $372,400.00
Total $372,400.00
C. Alternatives
The City could choose to not approve the construction contract and risk not
meeting the growing development-driven potable water demand.
Department Approval: ------------
Date
Page 2 of 2 Page 71
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
TEST WELL 34 CONSTRUCTION
PROJECT # 10634.13
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 12th
day of—March and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Treasure Valley Drilling, LLG
hereinafter referred to as "CONTRACTOR", whose business address is
5840 Adams Rd. New Plymouth, ID 83655 and whose Public Works Contractor License # is C-
046777
INTRODUCTION
Whereas, the City has a need for services involving Well Construction; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1 .2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1 .3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
TEST WELL 34 CONSTRUCTION page 1 of 13
Project 10364.b
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $648,050.00.
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.
TEST WELL 34 CONSTRUCTION page 2 of 13
Project 10364.b
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Item#9.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 180 (one hundred eighty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this
time period in the amount of $500.00 (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
ten) calendar days to complete the work as described herein. Contractor shall
be liable to the City for any delay beyond this time period in the amount of
$500.00 (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. See
Milestones listed in the Payment Schedule for Substantial Completion.
5. Termination:
5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if City determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
TEST WELL 34 CONSTRUCTION page 3 of 13
Project 10364.b
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Item#9.
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. Independent Contractor:
6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. If in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of Idaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. If, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
9. Indemnification and Insurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
TEST WELL 34 CONSTRUCTION page 4 of 13
Project 10364.b
Page 75
Item#9.
all losses, claims, actions,judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident
or occurrence, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per
incident or occurrence and Workers' Compensation Insurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. In the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, Idaho 83642.
9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating
of no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
TEST WELL 34 CONSTRUCTION page 5 of 13
Project 10364.b
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Item#9.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works Improvement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of Idaho with a Best's rating of no less than A-. In the event that the
contract is subsequently terminated for failure to perform, the contractor and/or
surety will be liable and assessed for any and all costs for the re-procurement of the
contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
TEST WELL 34 CONSTRUCTION page 6 of 13
Project 10364.b
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Item#9.
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. Items
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. Meridian Stormwater Specifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancity.org/environmental.aspx?id=13618.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and Information:
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
TEST WELL 34 CONSTRUCTION page 7 of 13
Project 10364.b
Page 78
Item#9.
18. Audits and Inspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
In performing the work herein, Contractor agrees to comply with the provisions of
Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide Idaho Residents:
Contractor must comply with Idaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide Idaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. It has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys' fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
TEST WELL 34 CONSTRUCTION page 8 of 13
Project 10364.b
Page 79
Item#9.
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. Construction and Severability:
If any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission. Retainage of
five percent (5%) of the current contract value will be withheld from the final pay
application(s) until final completion has been met and releases from both the Idaho
Tax Commission and Surety have been received by the City.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
TEST WELL 34 CONSTRUCTION page 9 of 13
Project 10364.b
Page 80
Item#9.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
In performing the scope of work required hereunder,CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
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
Qtherwise 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 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, Idaho 83655
208-489-0417 Phone: 208-465-6100
Email: tvdrilling@gmail.com
Idaho Public Works License
#C-046777
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the 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 VALLEX DRILLING, LLC
BY: BY:AIWI l�
KEITH WATTS, Procurement Manager
TEST WELL 34 CONSTRUCTION page 10 of 13
Project 10364.b
Page 81
Dated: 4-12-2022 Dated:
Approved by Council: 4-12-2022
Project Manager
Brent Blake
TEST WELL 34 CONSTRUCTION page 11 of 13
Project 10364.b
Page 82
Item#9.
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-2219-10634.b ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid
Package # PW-2219-10634.b, are by this reference made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the Idaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
• Technical Specifications by Kevin Boggs dated
11/18/2021 (33 pages)
TEST WELL 34 CONSTRUCTION page 12 of 13
Project 10364.b
Page 83
Item#9.
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$648,050.00.
MILESTONE DATES/SCHEDULE
Milestone 1 Substantial Completion 180 Days from Notice to Proceed
Milestone 2 Final Completion 210 Days from Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
TEST WELL 34 CONSTRUCTION PROJECT per IFB PW-2219-10634.b.
NOT TO EXCEED CONTRACT TOTAL.......................$648,050.00
This is a fixed price contract with a not to exceed amount. No price adjustments will be allowed for
material escalation. Line item pricing below will be used for invoice verification and any additional
increases or decreases in work requested by city.
Contract Pricing Schedule
Item No. Description Quantity Unit Unit Price Total Price
1 Stormwater Permitting and Management 1 LS $ 12,000.0 $12,000.00
2 Permitting/Mobilization/
Demobilization/Cleanup 1 LS $ 50,000.0 $ 50,000.0
3 Direct Mud-Rotary Drilling and Steel Surface
Casing and Seal 60 LF $ 750 $45,000.0
4 Pilot Hole Drilling 1200 LF $ 140 $ 168,000.0
5 Geophysical Logging 1 EA $ 7,500.0 $ 7,500.0
6 Borehole Reaming 1200 LF $ 140 $ 168,000.0
7 Caliper Survey of Reamed Borehole 1 EA $ 7,500.0 $ 7,500.0
Furnish and Install 2-Inch Diameter PVC Well
8
Casing and Screen 2500 LF $ 18 $45,000.0
Furnish and Install 4-Inch Diameter PVC Well
9
Casing and Screen 1500 LF $ 18 $ 27,000.0
10 Furnish and Install Sand Filter Pack 550 LF $ 65 $ 35,750.0
11 Furnish and Install Grout Seals 500 LF $ 65 $ 32,500.0
12 Well Development and Sampling 60 HR $ 650 $ 39,000.0
13 Disinfect and Cap Well 1 LS $ 9,500.0 $ 9,500.0
14 Rig time 2 HR $ 650 $ 1,300.0
TEST WELL 34 CONSTRUCTION page 13 of 13
Project 10364.13
Page 84
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Item#s. CONTRACT CHECKLIST
I. PROJECT INFORMATION
Date: 1/15/2022 REQUESTING DEPARTMENT Public Works
Project Name: Test Well#34(Construction)
Project Manager: Brent Blake Contract Amount: $648,050
Contractor/Consultant/Design Engineer: Contractor-Treasure Valley Drilling, LLC
Is this a change order? Yes ❑ No ❑� Change Order No.
II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type
Fund: 60 Budget Available(Purchasing attach report):
Department 3490 Yes ❑ No ❑� Construction ❑�
GL Account 96179 FY Budget: 2022-amendment underway Task Order ❑
Project Number: 10634.1b Enhancement: Yes 0 No ❑ Professional Service ❑
Equipment ❑
Will the project cross fiscal years? Yes❑ No F 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 0 No ❑
If no please state circumstances and conclusion:
Date Award Posted: 3/15/2022 7 day protest period ends: March 22,2022
VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION
PW License 1/25/2028 Expiration Date: 4/30/2023 Corporation Status Active-Goodstanding
Insurance Certificates Received(Date): 3/31/2022 Expiration Date: 11/22/2022 Rating: A-
Payment and Performance Bonds Received(Date): 3/17/2022 Rating:
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 3/30/2022
Enter Supervisor Name Date Approve
Vill. AWARD INFORMATION
Date Submitted to Clerk for Agenda: March 30,2022 Approval Date - -2022 By: City Council
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Page 86
Contract Request Checklist.5.24.2016.Final
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Item#10.
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Public Works: Request from Janice Larrea for Connection to the City Water
System Outside City Limits at 100 E Rosalyn Dr.
Page 88
Item#10.
C� fIENty
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Warren Stewart, Public Works Meeting Date:
Presenter: Warren Stewart Estimated Time: 10 minutes
Topic: Request from Janice Larrea for Connection to the City Water System Outside City
Limits at 100 E Rosalyn Drive.
Recommended Council Action:
Consider the request from Janice Larrea for connection to the City's Water system without
annexation into the City of Meridian.
Background:
I. DEPARTMENT CONTACT PERSONS
Kyle Radek-Assistant City Engineer 208-489-0343
Warren Stewart, City Engineer 208-489-0350
Laurelei McVey, Director of Public Works 208-985-1259
II. DESCRIPTION
Janice Larrea is requesting to hook up to the City Water System because her private
well is not producing an adequate water supply, and replacing the well is cost-
prohibitive. Additionally, it would take approximately 1.5 years to contract a new
well. City Water is installed in Rosalyn Drive fronting her property.
The property is a single-family residence with a shop on a 4.5 acre parcel. Janice has
been the owner since 1975 and is not requesting or anticipating any change to the
property use.
III. PUBLIC WORKS FINDINGS AND RECOMMENDATIONS
Public Works staff have reviewed the request. Water is in fact available in E Rosalyn
Drive. Sewer is available to the east side of the property; however, it is over 300 feet
from the home and a service from the home to the existing sewer would not follow
the ultimate planned sewer configuration. Connection to sewer at this time is
therefore not recommended. Public Works staff recommend approval of the
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irem#�o. requested water service connection with a consent to annex agreement that also
includes:
o Consent to annex upon development of the property, or at another appropriate
time in the future;
o Requirement to abandon the existing well per Idaho Department of Water
Resources requirements within 60 days after hookup to City water;
o Payment of appropriate water assessment and meter fees;
o Requirement to connect to sewer when available in its ultimate configuration
and to pay appropriate sewer assessments at that time;
o Design and construction costs for water and sewer are the responsibility of
owner. Plans for City infrastructure must be approved and inspected through
Community Development/ Public Works.
IV. ALTERNATIVES
1. Council could approve the request and also require annexation at this time.
2. Council could deny the request. The owner would have to make do with their
current water supply situation for up to 18 months while waiting for a new
well to be drilled. It is also in the interest of the City and its residents to limit
the number of domestic wells in the area since each well has potential to be a
threat to groundwater quality.
V. TIME CONSTRAINTS
The owner would like to secure an agreement and construct the water service as soon
as possible, as service from the well is already problematic and will likely get worse.
VI. LIST OF ATTACHMENTS
• Request from Janice Larrea for Connection to the City Water System Outside
City Limits at 100 E Rosalyn Drive
1 1�Approved for Council Agenda: Date: 3/31/22
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Item#10.
March 10, 2022
Director of Public Works
City of Meridian
33 E Broadway Ave
Meridian, Id 83642
Dear Sir or Madam;
I am writing this letter to request to connect to City water services even though our property is outside
the city limits. The property is located at 100 E Rosalyn Dr. Meridian Idaho—parcel number
R2114050052.This is a 4.5 acre parcel from the original subdivision of Edmonds Subdivision. We do not
foresee any change in the use of the property. We've been here since 1975. It's a single residence and
shop.
However, now because of the drought and growth in the area, my well,which is only 40 feet deep, is
becoming marginal. We still are able to have some household water, if we let the well recover between
uses.
We would agree to future annexation if need be, although,our use of the property will not change. I
understand that the well must be closed in compliance with IDWR. We will abandon the well after we
are connected to the city system as soon as possible.
Thanks you for your consideration in this request. The cost of a new well is prohibited and would be a
year and half before someone could do it. There is a water line running the whole length of our
property which I believe we would be able to utilize.
Sincerely,
Janice Larrea
Jose Ignacio Larrea
Legal owners
Page 91
Item#11.
E IDIAN'-'----
JAMu
AGENDA ITEM
ITEM TOPIC: Public Works: Request from EPIC Development, LLC for Connection to the
City Water and Sewer Systems Outside City Limits at 5317 W. Franklin Rd.
Page 92
Item#11.
C� fIEF,
IDIAN
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Warren Stewart, Public Works Meeting Date:
Presenter: Warren Stewart Estimated Time: 10 minutes
Topic: Request from EPIC Development LLC for Connection to the City's Water and Sewer
Systems for a Proposed Development Outside City Limits at 5317 W. Franklin Road
Recommended Council Action:
Consider the request from EPIC Development for connection to the City's Water and Sewer
Systems without annexation into the City of Meridian.
Background:
I. DEPARTMENT CONTACT PERSONS
Warren Stewart, City Engineer 208-489-0350
Laurelei McVey, Director of Public Works 208-985-1259
II. DESCRIPTION
EPIC Development LLC wishes to construct an industrial park consisting of
approximately 19 industrial/flex warehouse buildings (totaling 77,786so on a 14-
acre site at 5317 W. Franklin Road.
The parcel is not contiguous with the City,and they are seeking to develop the project
in Ada County. They have requested to connect to the City's water and sewer system
without annexing into the City of Meridian.A request for water and sewer service for
a development in the County, requires Public Works to analyze the feasibility of
connecting to the water and sewer systems.
Other departments are also given the opportunity to provide comments on the
proposed development. Comments from various departments are provided here for
the City Council to consider as they decide whether to grant the request and allow
connection to water and sewer services without annexation.
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Item#11.
III. STAFF FINDINGS AND RECOMMENDATIONS
Comments from the various City of Meridian departments are summarized below.
• Public Works:
The existing water mainline is approximately 450 feet east of the entrance to
the industrial site, but the line could be extended to provide water service for
the proposed development.
The closest sewer mainline is also approximately 450 feet from the entrance
of the site.However,this mainline was not intended to serve this parcel of land.
This parcel sits on the other side of a sewer shed boundary, and sewer service
to the site was intended to come from the future McDermott trunk sewer line
extensions. Because the site is relatively small and sits on the boundary of the
sewer shed, Public Works did model the proposed development to see if it is
feasible to provide service to the site from the neighboring sewer shed. This
analysis suggests that with careful sewer layout, and site grading, it might be
feasible to serve the site from the neighboring sewer shed mainline to the east.
The existing line does appear to have enough capacity to handle the additional
flow based on the demands provided by the developer.
The most recent site plan provided by the applicant shows an alternative
sewer mainline route down a proposed street to the east of the Butte Fence
parcel. This route is shorter and makes it easier to maintain the pipe grade
needed to serve the far corner of the site. However, it does require that a
portion of the sewer line be installed across the southern end of the Butte
Fence parcel through and easement. Easements make access for operations
and maintenance more difficult and our preference would be to keep he line
in public right-of-way or in a private road or drive with an easement.
In summary, it is probably feasible to provide water and sewer service to the
proposed development if the City Council choses to do so. However, it would
be a departure from the existing Sewer Master Plan.
If a connection is approved, water and sewer assessment and meter fees
should apply to the proposed development. Additionally, an agreement
consenting to annex into the City of Meridian as soon as the parcel is
contiguous with the city limits should also be required. This agreement will
require city staff to prepare,track and enforce the agreement over time.
• Fire Department:
The Fire Department provided the following comments to Ada County as part
of the county's process and requested the same comment be included as part
of this process.
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Item#11.
"The Fire Department cannot support this project as submitted. It does
not meet the fire code as laid out and they have no water for fire flow. i
recommend denial of the application."
It should be noted that EPIC has modified the proposed site layout since this
comment was provided, and fire flow is provided if a connection to the City is
approved. The Fire Department provided the following additional comments
after the revised plan was reviewed.
"This parcel of land is well outside our 5 minute response time goal. The
closest fire station is 7 minutes away. We need another fire station out
in this area.
As the rural fire district is not collecting impact fees to help fund a
station, it would be better to wait until the property can be annexed into
the city."
• Community Development:
Please see the letter to Ada County Development Services from Caleb Hood,
dated November 18, 2021 (attached). This letter provides Community
Development's initial comments on the proposed project.
It should be noted that EPIC has modified the proposed site layout since this
letter was sent to the County. Community Development provided the
following comments based on the updated site plan.
The development proposes to take direct access from Franklin Road without
access to the rest of the planned transportation network in the Ten Mile
Specific Area Plan or as shown on the Master Street Map (MSM).The planned,
future, east-west collector is now referenced in the updated site plan,which is
positive but the location appears to be split evenly over the top of an existing
irrigation drain. Typically, easement, right-of-way, or other dedication for
such a transportation facility would be half plus 12 (feet). Split evenly, and
over an irrigation facility,may create a scenario where a critical transportation
connection is difficult to implement later. The collector roadway system is
essential to the local transportation network. Without it, the aggregated
impacts from piecemeal development projects fronting Franklin, such as this,
may cause irreparable harm to the transportation network. Consistent with
ACHD's report no structures should be built where the future east-west
collector is planned on the Master Street Map and preserved by Butte Fence to
the east.
Related,the site plan is not showing any cross-access for properties to the east
or west along Franklin; something that would be required if the applicant was
applying to the City for entitlements. Cross-access for parcel #S1216120645
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Item#11.
is especially important so that future redevelopment of the parcel,which does
not have access to the collector network, may limit the aggregated impacts to
safety and efficiency of regional thru traffic on Franklin Road. Some access is
necessary to Franklin Road for the subject property's narrow flag,but it should
be shared with the properties to the east and west as they develop; cross-
access ingress/egress easements should be provided.
Additionally, there are a significant number of unknowns related to the site
plan, and no elevations or landscape plans were provided. While this project
is not outdoor storage,the outdoor storage facility approved by Ada County to
the immediate west does not comply with City design standards.That project,
even if temporary, was approved without any landscaping, unsightly chain
link, and is detrimental to the City's planned transportation network until a
higher and better use comes along.Supporting the subject application without
additional details to better indicate compliance with Meridian's site and
architectural standards, seems unequitable to future development in the area,
as the City requires a higher quality project.
Lastly, and as noted by the Parks Department, there is a critical pathway
connection not being accommodated by this site plan. While the Master
Pathway Plan often has some flexibility, the site plan as shown does not
facilitate any connectivity and no alternative is proposed (for example, along
the future east-west or north-south collector roadways).
In summary, Planning Staff has some reservations about allowing this site to
develop in the County,without conforming to City Standards and full analysis
and consistency with City policy. If the Council is in favor of providing services
to this site in advance of annexation, Staff recommends a revised site plan, a
landscape plan and elevations be provided prior to approval.
• Police Department:
The Police Department didn't express major concern with the proposed
development. They felt like it could be served by the department, but would
be a county parcel.
They wanted to make sure the developer installed a well-lit sign at the main
access point so first responders could quickly and safely identify where to go
within the development.
• Parks Department:
A Pathway-- comprising a segment of the proposed Pipeline Pathway,which
is also a portion of the Meridian Loop Pathway is planned to cross the
northern portion of the site and should be required as a condition to
receiving water and sewer service.
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Item#11.
Applicant should dedicate a 14'- permanent pedestrian access easement to
the City.
The pathway should make a connection across the subject property [roughly]
as shown on the Pathways Map - see yellow highlight below.
Pathway as shown may overlay the Williams Northwest Pipeline
Alignment. Should this be the case,please be aware of development
restrictions pertain to that easement.
Please refer to Community Developments comments for additional
information on the location of the pathway.
-�
�.: A �
MEL-
RosenIOT 0101i
IV. CONCLUSIONS
Sewer and water service to the proposed project does appear to be feasible. However,
overall staff support for the project,is not universal. Providing services in advance of
annexation may not be beneficial to the City's long-term vision for the area,and could
negatively affect the City's ability to collect the impact fees necessary to support other
services (police, fire, parks) required for this development.
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Item#11.
V. LIST OF ATTACHMENTS
• January 7, 2021 Letter from EDM Partners requesting sewer and water service
for 5317 W. Franklin Rd.without annexation into the City of Meridian.
• Letter from Jarron Langston describing the proposed project.
• Property legal description
• Warranty Deed
• ACHD Application
• November 18,2021 letter from Caleb Hood to Ada County outlining the City's
comments and concerns with the proposed development.
• Original site plan by EDM partners for the Franklin Industrial Park located at
5317 W Franklin Rd.
• Revised site plan from Architecture Designs Plus, P.A. for Industrial/Business
Park located at 5317 W Franklin Rd.
• Revised site plan dated Feb. 11, 2022 showing proposed road east of Butte
Fence parcel and showing alternate sewer layout.
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Item#11. �
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January 7,2021
i
E
Warren Stewart
City Engineer !
33 E, Broadway Ave,Suite 200
Meridian, Idaho 83642
l
RE:5317 Franklin Road—Out of Trunkshed Sewer Request
Dear Mr.Stewart:
This letter seeks to secure approval from the City of Meridian to allow a sewer extension and connection
to an out-of-shed sewer main. Epic Development is working to develop a 14.5-acre parcel, addressed
5317 West Franklin Ave, in Ada County. Epic is seeking to develop the property into an industrial
subdivision featuring flex warehouses.
The subject project has no viable sewer alternatives. In order to sewer the project within the North
McDermott Trunkshed,the project would have to install a 5,200-If force main to the west along Franklin
Road and then north along North McDermott Road and tie into the Purdam Lift Station. In discussion
with the City of Meridian,the subject property will not likely have public sewer access for the next 10-20
years, rendering the property undevelopable.
The City of Meridian has 15-in gravity sewer main and a 12-in water main in the South Black Cat
Trunkshed which terminate approximately 600-If east of the subject Parcel. We understand that the
water main has the pressure and capacity to serve this project, provided the main is extended to the
property. The subject project's sewer flows have been estimated in accordance with the methodology
presented In the City of Meridian's 2017 Collection System Master Plan Update.A table of the estimate
flows is immediately below.
5317 Franklin Road Flex Warehouse Project - Sewer Ftow Estimate
Estimated Estimated
Sewer Model Daily Daily Flow Peaking Peak
Parcel Land Use Acreage Unit Flow * Flow (8-hr Day) Factor Flow
5317 W
Franklin (ac) (GPAD GPD GPM GPM
51216120735 Industrial 14.5 190 2755 J 5.74 3.62 20.78
*From City of Meridian 2017 Collection System Master Plan Update, July 2017, Table 6-4
www,edmpartners.com • 2815 East 3300 South,Salt Lake City, UT 84109 • 801-305-4670
Page 99
Item#11.
Given that the proposed project of flex warehouses are perfectly suited for this area and are In high
demand and that the project's land use type produces one of the lightest sewer loads possible,we
believe that our project should be allowed to connect to the adjacent South Black Cat Sewer Trunkshed.
We appreciate your consideration of this request.
Sincerely,
EDM Partners,LLC
Ted Burke, PE
Partner
www.edmpartners.com • 2815 East 3300 South,Salt Lake City, UT 84109 • 801-305-4670
Page 100
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Item#11.
I
5317 W Franklin Ave—Meridian
I
Project Description:
To Whom it may Concern,
Epic Development LLC is proposing the re-zone of approximately 14 acres of land currently zoned RUTto
M-1.Our plan is to develop a world class Industrial Park consisting of approximately 19 industrial/flex
buildings. Buildings will range in size from 7,500 Sf,9,975 up to 15,000 SF.
With the Growth in the Treasure Valley the commercial and industrial sector is growing at a rapid pace.
Several local businesses are expanding and lots of out of state businesses are looking for space to
relocate or expand their business Into our market.This style of flex building can accommodate a large
variety of business.Wither they need a lot of office or mostly warehouse each building and unit within
the building can be modified to meet their businesses needs.
Where this property sits on the edge of Meridian and Nampa it's a perfect location for access to our
entire market.With phenomenal freeway access at 10 Mile or Garrity and just a mile away from
McDermott and the future Hwy 16 accessing North Meridian, Eagle and Star is also very convenient!
We are excited to offer a top shelf industrial/business park to our community and for what this park will
do for business owners,their employees,and their families across our valley.
We appreciate the support of Ada County and the City of Meridian as we move through the planning
and approval process,
Thanks
Jarron Langston
Principal
EPIC DEVELOPMENT
Page 101
Item#11.
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1
PROPERTY DESCRIPTION i
FOR
EPIC DEVELOPMENT
A parcel of land lying in the NW 1/4 of the NE1A of Section 16,Township 3 North,
Range 1 West, Boise Meridian,Ada County, Idaho, said parcel being more particularly
described as follows;
i
Commencing at a 2 inch aluminum cap marking the northeast corner of Section 16;From
which bears N. 89' 24' 39"W., along the North line of said Section 16, 2641.40 feet to a
5/8 inch iron pin marking North 1/4 corner of said Section 16;thence N. 89°24'39"W.,
along the North line of said Section 16, 1928.81 feet to a point, said point being the
POINT OF BEGINNING;
Thence S. 00°32'40" W. 230.08 feet to a 5/8"iron pin;
Thence S. 89°24'39"E. 374.00 feet to a 5/8"iron pin;
Thence S. 00°37'58" W. 666.56 feet to a 5/8"iron pin;
Thence S. 89128'46"E. 299.85 feet to a 5/8" iron pin;
Thence S. 00138'31" W. 432.02 feet to a point;
Thence N. 89'23'17" W. 724.3 8 feet to a point;
Thence N. 00°32'40"E. 1328.01 feet to a point;
Thence S. 89°24'39"E. 52.29 feet to the POINT OF BEGINNING.
Said parcel contains 13.97 acres,more or less, and is subject to all existing easements and
right-of-ways of record or implied.
Page 102
Rerecorded to correct legal
description
i
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TitleOne
a title&CSCCpW CO,
Order Number:20395170
Warranty Deed
For Value Received,
Timothy Hansen,a married man,as his sole&separate property,the Grantor,does hereby grant,bargain sell
and convey unto,Epic Development,LLC,a Nevada limited liability company,whose current address is 11785
Valley Sage Dr.,Sparks,NV 89441,the Grantee,the following described premises,in Ada County,Idaho,To Wit: j
The West half of the West half of the Northeast quarter of the Northeast quarter,and the East half of the
Northwest quarter of the Northeast quarter of Section 16,Township 3 North,Range i West of the Boise
Meridian,Ada County,Idaho.
Exceptthe East 264 feet of the West half of the West half of the Northeast quarter of the Northeast quarter of
Section 16,Township 3 North,Range 1 West of Boise Meridian.
Also Except a part of the North half of the Northeast quarter of Section 16,Township 3 North,Range 1 West
of the Boise Meridian,Ada County,Idaho as follows:
Commencing at the section corner common to Sections 9,10,15 and 16,Township 3 North, Range 1 West of
the Boise Meridian;thence
West 1256.4 feet along the section line between Sections 9 and 16;thence
South 0001'West 25.00 feet to an iron pin,the Real Point of Beginning;thence continuing
South 0001'West 871.20 feet along an old fence line to an Iron pin;thence
West 300.00 feet to an iron pin;thence
North 0*01'East 871.20 feet to an iron pin;thence
East 300.00 feet to the Point of Beginning.
Also Except: =
Order Number:20395170 Warranty Deed(4.09)-Page 1 of$
Page 103
Item#11.
A portion of the East half of the Northwest quarter of the Northeast quarter of Section 16,Township 3 North,
Range 1 West,Boise Meridian,more particularly described as follows;
Commencing at the section corner common to Sections 9,10,15 and 16,Township 3 North,Range 1 West,
Boise Meridian;thence
West along the North section line of Section 16,a distance of 1556.40 feet to the Real Point of Beginning;
thence
South 001'West 230.00 feet;thence
West 374.00 feet;thence
North 00 11'East 230.00 feet to the North section line of Section 16;thence
East along the North section line of Section 16,a distance of 374,00 feet to the Real Point of Beginning,
Also Except:
A parcel of land lying in a portion of the Northeast quarter of the Northeast quarter of Section 16,Township 3
North, Range 1 West,Boise Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at the Northeast corner of said Section 16;thence
North 89°54'51"West,768.70 feet along the North boundary line of said Section 16,to the Real Point of
Beginning;thence
South 00010'11"West,1328.44 feet to a point on the South boundary line of the Northeast quarter of the
Northeast quarter of said Section 16;thence .,464.81
North 89°53'36"West, feet along said South boundary line;thence leaving said boundary line
North 00007'36"East,1328.27 feet to a point on the North boundary line of said Section 16;thence
South 89054'51"East,465.81 feet along said North boundary line to the Real Point of Beginning.
TO HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee,its heirs and assigns
forever. And the said Grantor does hereby covenant to and with the said Grantee,that Grantor is the owner in fee
simple of said premises;that they are free from all encumbrances EXCEPT those to which this conveyance is
expressly made subject and chose made,suffered or done by the Grantee;and subject to all existing patent
reservations,easements,right(s)of way,protective covenants,zoning ordinances,and applicable building codes,
laws and regulations,general taxes and assessments,including irrigation and utility assessments(if any)for the
current year,which are not due and payable,and that Grantor will warrant and defend the same from all lawful claims
whatsoever. Whenever the context so requires,the singular number includes the plural.
Remainder of this page intentionally left blank.
Order Number:20395170 Warranty Deed(4-09)-Page 2 of 3
Page 104
Item#11.
I
Dated:It/`o��a
Timothy ensen
Stat of Idaho,County of
88,
t
On this day of April in the year of 2021,before me,the undersigned,a Notary Public in and for said State,
personally appeared Timothy Hansen,known or Identified to me 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,
Notary Public
Residing In: TT Dq •, _
My Commission Expires. h°o°°� C; •°°°°'°• �� '�,,r
(seal)
Residing'at.8olse,ID
Commisslon expires-, 11/28/2025 e 'PUBLIC
OF IV
Order Number:20395170 Warranty Deed(4-09)-Page 3 of 3
Page 105
Item#11.
Development Services Department
ACHD
Project/File: Franklin Industrial Park/APP21-0008/202102653-ZC-DA-S-MSP
This Is a rezone and preliminary plat applicant to allow for the development of 19
industrial/ flex buildings on 14.5 acres. This application includes a development
agreement with Ada County.
Lead Agency: Ada County
Site address: 5317 W Franklin Road -
Staff Approval:
J�nlr!ar ;202
Applicant: Epic Development Idaho II, LLC
Truman Mathews x
1831 E Overland Road
Meridian, ID 83642 i
Engineer: EDM Partners I
Ted Burke
902 N 19`h Street
Boise, ID 83702
Staff Contact: Brenna Garro
Phone; 387-6346 • ,
E-mail; bgarroCa7achdidaho.org -
A. Findinqs of Fact
1. Description of Application: The applicant is requesting approval of a rezone of 14.5 acres from
RUT(Rural Urban Transition)to M-1 (Limited Industrial).The applicant is also requesting approval
of a preliminary plat to allow for the development of 19 industrial/flex buildings on 14.5 acres.
The site is in the City of Meridian's impact area and the applicant's rezone proposal is not
consistentwith the City of Meridian's future land use map which designates this area as Industrial
2. Descri tion of Adjacent Surrounding Area:
Direction Land Use Zoning
North Area of City Impact RUT
South Area of City Impact RUT
East Area of City Impact RUT& M-1
West Area of City Impact M-1
3. Site History: ACHD has not previously reviewed this site for a development application.
1 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP Page 106
Item#11.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Two Men and a Truck, a contractor's yard and storage facility located northwest of the site,
was approved by ACHD staff on April 7th, 2021.
• The Butte Fence manufacturing facility, a 13,000 square foot manufacturing facility located
directly east of the site, was approved by ACHD staff on June 17th, 2019.
• The Black Cat Industrial rezone, a 123 acre rezone from RUT to I-L for the future development
of an industrial complex located directly south of the site, was approved by ACHD staff on
November 41h, 2021.
5. Transit: Transit services are available to serve this site via route 40.
6. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use
paths,the width of curb ramps runs and blended transitions shall be equal to the width of the shared
use path.
AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection
Treatments: The opening of a shared use path at the roadway should be at least the same width
as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the
path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the
full width of the ramp.
FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related
concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average
width of the trail to improve safety for users who will be traveling at various speeds. In addition, the
overall width of the trail should be increased, so the curb ramp can be slightly offset to the side.
The increased width reduces conflict at the intersection by providing more space for users at the
bottom of the ramp.
7. New Center Lane Miles: The proposed development includes 0 centerline miles of new public
road.
8. Impact Fees:There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time. The impact fee assessment will not be released until the civil plans are approved by ACHD.
9. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• The intersection of Franklin Road and McDermott Road is scheduled in the IFYWP to be
constructed as a multi-lane roundabout. The design year is scheduled in 2024 with
construction in the future.
• Franklin Road is listed in the CIP to be widened to 5-lanes from McDermott Road and Black
Cat Road between 2026 and 2030.
• Black Cat Road is listed in the CIP to be widened to 5-lanes from Overland Road to Franklin
Road between 2036-2040.
• Black Cat Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Cherry
Lane between 2031-2035.
10. Roadways to Bikeways Master Plan: ACHD's Roadways to Bikeways Master Plan (BMP) was
adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to
implement the Planned Bicycle Network to support bicycling as a viable transportation option for
Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of
good repair in order to ensure they are consistently available for use, promote awareness of existing
bicycle routes and features and support encouragement programs and to facilitate coordination and
2 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MS�
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Item#11.
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cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan
recommendations.
The BMP identifies Franklin Road as a Level 3 facility that will be constructed as part of a future
ACHD project.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 160 vehicle trips per day; 16 vehicle
trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip
Generation Manual, 11t" edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Franklin Road 50-feet Principal Arterial 686 Better than "E"
*Acceptable level of service for a two-lane principal arterial is "E" (690 VPH).
*Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH).
3. Average Daily Traffic Count(VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Franklin Road west of Black Cat Road was 9,238 on
12/19/2018.
C. Findings for Consideration
1. Ten Mile Specific Area Plan (TMISAP)
The transportation element of the TMISAP is to guide transportation decisions in the Ten Mile
Interchange Area. It was developed concurrently with the Land Use and Design Elements and has
been designed to preserve the integrity of the arterial road system and the Ten Mile interchange;
provide for the use of public transit; enhance pedestrian and bicycle mobility and accessibility; and
create transportation infrastructure and promote land use patterns that encourage the sustainable
use of resources and reduces demands on natural resources.
The TMISAP recommends the construction of an east/west collector roadway located at the site's
south property line.
2. Franklin Road
a. Existing Conditions: Franklin Road is improved with 2-travel lanes, 25-feet of pavement(13-
feet from the centerline), vertical curb, gutter, and no curb, gutter or sidewalk abutting the site.
There is 55-feet of right-of-way for Franklin Road (26-feet from centerline).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
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APP21-0008/202102653-ZC-DA-S-MSP Page 1os
Item#11.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5-lane street section shall be 72-feet(back-of-curb to back-of-curb) within 96-
feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District's planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
Frontage Improvements Policy: District Policy 7205.2.1 states that the developer shall widen
the pavement to a minimum of 17-feet from centerline plus a 3-foot wide gravel shoulder
adjacent to the entire site. Curb, gutter and additional pavement widening may be required
(See Section 7205.5.5).
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Franklin Road is designated in the
MSM as a commercial arterial with 5-lanes and on-street bike lanes, a 72-foot street section
within 100-feet of right-of-way.
c. Applicant Proposal: The applicant is proposing to dedicate additional right-of-way to total 48-
feet from the centerline of Franklin Road.
d. Staff Comments/Recommendations: The applicant's proposal to dedicate additional right-of-
way to total 48-feet from the centerline of Franklin Road should not be approved as proposed.
Consistent with the MSM, the applicant should be required to dedicate additional right-of-way
to total 50-feet from the centerline of Franklin Road abutting the site. The applicant will be
compensated for the additional right-of-way dedication, as this segment of Franklin Road is
listed in the CIP.
The applicant should be required to improve Franklin Road with 17-feet of pavement from
centerline plus a 3-foot wide gravel shoulder abutting the site.
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APP21-0008/202102653-ZC-DA-S-MS�
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Item#11. �
Consistent with District Sidewalk policy, the applicant should be required to construct 5-foot
wide detached concrete sidewalk on Franklin Road abutting the site, However, the site is a flag
lot and only has 50-feet of frontage on Franklin Road, most of which will be taken up by a
proposed 25-foot wide driveway, leaving minimal frontage on either side.Therefore, no sidewalk
is required as part of this application.
3. East/ West (Mid-Mile Collector)
a. Existing Conditions: There are no collector roadways within or abutting the site. The Rosenlof ;
Drain runs along the site's south property line.
b. Policy: `
Collector Street Policy: District policy 7206.2.1 states that the developer is responsible for
improving all collector frontages adjacent to the site or internal to the development as required
below, regardless of whether access is taken to all of the adjacent streets.
Master Street Map and Typologies Policy: District policy 7206.5 states that if the collector
street is designated with a typology on the Master Street Map, that typology shall be considered
for the required street improvements. If there is no typology listed in the Master Street Map,
then standard street sections shall serve as the default.
i
Street Section and Right-of-Way Policy: District policy 7206.5.2 states that the standard
right-of-way width for collector streets shall typically be 50 to 70-feet, depending on the location
and width of the sidewalk and the location and use of the roadway. The right-of-way width may
be reduced, with District approval, if the sidewalk is located within an easement; in which case
the District will require a minimum right-of-way width that extends 2-feet behind the back-of-
curb on each side.
The standard street section shall be 46-feet (back-of-curb to back-of-curb). This width typically
accommodates a single travel lane in each direction, a continuous center left-turn lane, and bike
lanes.
I
Residential Collector Policy: District policy 7206.5.2 states that the standard street section
for a collector in a residential area shall be 36-feet (back-of-curb to back-of-curb). The District j
will consider a 33-foot or 29-foot street section with written fire department approval and taking
into consideration the needs of the adjacent land use, the projected volumes, the need for
bicycle lanes, and on-street parking.
Sidewalk Policy: District policy 7206.5.6 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all collector streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District's planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
ACHD Master Street Map:ACHD Policy Section 3111.1 requires the Master Street Map(MSM)
guide the right-of-way acquisition, collector street requirements, and specific roadway features
required through development. A new collector roadway was identified on the MSM with the
street typology of Town Center Collector located at the%mile intersecting Black Cat Road and
abutting the south property line stubbing to the west. The Town Center Collector typology, as
5 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP Page 110
Item#11.
depicted in the Livable Street Design Guide, recommends a 2-lane roadway with bike lanes and
a 36-foot street section within 54-feet of right-of-way.
c. Applicant Proposal: The applicant is not proposing to construct the collector roadway or
dedicate right-of-way to accommodate for the future construction of the roadway as depicted
on the MSM, see image below. KV
II A I'll
Jc
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,
u
d. Staff Comments/Recommendations: The applicant's proposal to not construct the collector
roadway or dedicate right-of-way to accommodate for the future construction of the roadway
does not meet District policy which requires the right-of-way dedication and construction of the
proposed collector roadway.
However, staff recommends that no right-of-way and roadway improvements are required at
this time, as there are no adjacent improvements to tie into and the Rosenlof Drain runs along
the site's south property line. Upon further development of this site, right-of-way and roadway
improvements may be required abutting this site consistent with the Master Street Map.
The applicant should not construct any permanent structures within 50-feet of the future
roadway location shown on the MSM.
4. Driveways
4.1 Franklin Road
a. Existing Conditions: There is an existing 13-foot wide unimproved driveway from the site onto
Franklin Road located approximately 40-feet west of the site's east property line (measured
centerline to centerline).
b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
6 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MS
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Page 111
Item#11. �
I
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1 b under District policy 7205.4.7, unless a waiver for the access point has been approved
by the District Commission. Driveways, when approved on a principal arterial shall operate as
a right-in/right-out only, and the District will require the construction of a raised median to restrict
the left turning movements.
Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal
arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right- I
in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways.
Successive Driveways: District policy 7205.4.7 Table 1 b, requires driveways located on
principal arterial roadways with a speed limit of 50 MPH to align or offset a minimum of 520-feet j
from any existing or proposed driveway,
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
i
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-
volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be
required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
c. Applicant's Proposal: The applicant is proposing to replace the existing driveway with a 25-
foot wide paved driveway from the site onto Franklin Road located approximately 28-feet west
of the site's east property line.
d. Staff Comments/Recommendations: The applicant's proposal to replace the existing
driveway with a 25-foot wide paved driveway from the site onto Franklin Road, located 28-feet
west of the site's east property line, does not meet the District's Successive Driveways policy
which requires driveways located on principal arterial roadways with a speed limit of 50 MPH to
align or offset a minimum of 520-feet from any existing or proposed driveway. However, staff
recommends approval of the proposed location due to the limited site frontage (50-feet) on
Franklin Road. The driveway should be constructed as a curb return type.
This is approved as a temporary driveway. Staff recommends that the applicant be required to
close the driveway onto Franklin Road and take access to the east/west collector roadway once
access becomes available.
5. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
6. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm
drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle
at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop
signs. Landscape plans are required with the submittal of civil plans and must meet all District
requirements prior to signature of the final plat and/or approval of the civil plans.
7 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP Page 112
Item#11.
7. Other Access
Franklin Road is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to these roadways and should be noted
on the final plat.
D. Site Specific Conditions of Approval
1. Dedicate additional right-of-way to total 50-feet from centerline of Franklin Road abutting the site.
Compensation will be provided for the additional right-of-way dedication.
2. Improve Franklin Road with 17-feet of pavement from centerline plus a 3-foot wide gravel shoulder
abutting the site.
3. Avoid constructing any permanent structures within 50-feet of the future roadway location shown
on the MSM.
4. Replace the existing driveway with a 25-foot wide paved curb return type driveway from the site
onto Franklin Road located 28-feet west of the site's east property line.
6. Close the driveway onto Franklin Road and take access to the east/west collector roadway once
access becomes available.
6. Other than access specifically approved with this application, direct access onto Franklin Road is
prohibited.
7. Submit civil plans to ACHD Development Services for review and approval. The impact fee
assessment will not be released until the civil plans are approved by ACHD.
8. Payment of impact fees is due prior to issuance of a building permit.
9. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
3. In accordance with District policy, 7203.3,the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities
Act (ADA) requirements. The applicant's engineer should provide documentation of ADA
compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
8 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP
Page 113
Item#11.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits(spare or filled)are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details,
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACHD Standards
unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and
certify all improvement plans,
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD,
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission,
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development,
G. Attachments
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Appeal Guidelines
9 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP Page 114
Item#11.
VICINITY MAP
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This map is a representation of features on the ground and Is not survey-grade �. 1:6,1 44
accurate,ACHD shall not be liable for any Inaccuracies thereon. `r.. `•t. -
10 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP
Page 115
� Item#11.
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11 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP Page 116
Item#11.
Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway and
road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five(5)working days upon notification of required right of way improvements
by Highway entities, developers shall provide written notification to the affected utility owners and
the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to,
project limits, scope of roadway improvements/project, anticipated construction dates, and any
portions critical to the right of way improvements and coordination of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the utility
owners. Conference notification shall also be sent to the UCC. During the review meeting the
developer shall notify utilities of the status of right of way/easement acquisition necessary for their
project. At the plan review conference each company shall have the right to appeal, adjust and/or
negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter
of review indicating the costs and time required for relocation of its facilities. Said letter of review
is to be provided within thirty calendar days after the date of the plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the anticipated
date work will commence. This notification shall indicate that the work to be performed shall be
pursuant to final approved plans by the highway entity. The developer shall schedule a
preconstruction meeting prior to right of way improvements. Utility relocation activity shall be
completed within the times established during the preconstruction meeting, unless otherwise
agreed upon.
Notification to the Ada County UCC can be sent to:50 S. Cole Rd. Boise 83707, or Visit iducc.com
for e-mail notification information.
12 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MS
�
Page 117
Item#11.
Development Process Checklist
Items Completed to Date:
ZSubmit a development application to a City or to Ada County
ZThe City or the County will transmit the development application to ACHD
ZThe ACHD Planning Review Section will receive the development application to review
ZThe Planning Review Section will do one of the following:
❑Send a"No Review"letter to the applicant stating that there are no site specific conditions of approval at
this time.
®Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
ZWrite a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
i
Iteris t'o#.be�corpletec�.�lv`Aapiicant
❑For ALL development applications, including those receiving a "No Review"letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD,then architectural plans may be submitted for purposes of impact fee assessment.)
• The applicant is required to get a permit from Construction Services(ACHD)for ANY work in the right-of-way,
including, but not limited to,driveway approaches, street improvements and utility cuts.
❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction(Non-Subdivisions)
❑Driveway or Property Approach(s)
• Submit a "Driveway Approach Request"form to ACHD Construction (for approval by Development Services&Traffic
Services). There is a one week turnaround for this approval.
❑Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application"to ACHD Construction—Permits along with:
a) Traffic Control Plan
b) An Erosion &Sediment Control Narrative& Plat, done by a Certified Plan Designer, if trench is >50'or you
are placing>600 sf of concrete or asphalt.
Construction(Subdivisions) '
❑Sediment&Erosion Submittal
• At least one week prior to setting up a Pre-Construction Meeting an Erosion&Sediment Control Narrative&Plan,done
by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD
Stormwater Section.
❑ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being
scheduled.
❑Final Approval from Development Services is required prior to scheduling a Pre-Con.
13 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP Page 118
Item#11.
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the Development Services Manager when it is alleged that the
Development Services Manager did not properly apply this section 7101.6, did not consider all of
the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily
and capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
and Clerk of the District, which must be filed within ten (10)working days from the date of
the decision that is the subject of the appeal. The notice of appeal shall refer to the
decision being appealed, identify the appellant by name, address and telephone number
and state the grounds for the appeal. The grounds shall include a written summary of the
provisions of the policy relevant to the appeal and/or the facts and law relied upon and
shall include a written argument in support of the appeal. The Commission shall not
consider a notice of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The Development Services Manager shall have ten (10) working days
from the date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may also consider
and/or modify the decision that is being appealed. A copy of the reply and any
modifications to the decision being appealed will be provided to the appellant prior to the
Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the Development Services
Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice
of appeal and the reply shall be delivered to the Commission at least one (1) week prior
to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
14 DRAFT Franklin Industrial Park
APP21-0008/202102653-ZC-DA-S-MSP
Page 119
Item#11.
Mayor Robert E Smison
City Council Members:
EUDIA ►' Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
IDAHOLuke Cavener Liz Strader
�� 'Y`'Cry^Y�" ,�r�'"'�.' �-e�r�'S§3'r.'-s .`.isa.."".��°`� �' •�.� I ..
November 18,2021
Mr. Leon Letson
Ada County Development Services
200 W. Front Street
Boise, ID 83702
Re: File Number: 202102653-ZC-DA-S-MSP j
5317 W Franklin Rd, Meridian ID
City of Meridian Response to Application
Dear Mr. Letson,
This letter is being written in response to the application referenced above, and which includes a
proposal to develop an Industrial Park at 5317 W Franklin Road. The subject site is located
within the Meridian Area of City Impact and is designated"Mixed Employment"on the City's
Comprehensive Plan Future Land Use Map, The proposed rezone of approximately 14.5 acres
from the Rural-Urban Transition(RUT) District to the Limited Industrial (Ml) District is
generally inconsistent with the City's Comprehensive Plan and Ten Mile Interchange Specific
Area Plan(Ten Mile SAP).
While some of the specific uses allowed within the proposed M1 District may fit with the
broader future land use designation(Mixed Employment),the timing of development, specific
site design, and limited connectivity conceived in the proposed application may be detrimental to
future development of the area. Of paramount concern is connectivity,which is at the heart of the
Ten Mile SAP. Connectivity between the proposed project with adjacent parcels is very
concerning. Proposed access relies too much on Franklin Road, unless the Chester property to
the south develops in the City. I will note that there is a proposed project on the Chester property
but it is recommended for denial by both City Staff and the Planning&Zoning Commission.
Likely most commercial vehicles will be forced to access Franklin directly via narrow drive
aisles, adjacent to an existing single-family home, without any intersection control, and without
any cross-access east or west in a manner that is an efficient use of overall land area.
The proposed east-west collector described within the Ten Mile SAP and preserved for on the
;:adjacent Butte Fence property to the east, is not being continued. This collector and
interconnectivity with other collector, local roadways, and commercial drives are critical in
reducing direct access to Franklin and in promoting local traffic away from the busy Franklin
. Page 120
Item#11.
Road corridor. Emergency access and drive aisles with back out parking do not to support this
critical need.
General land use (and site design) is also a concern. The proposed concept plan depicts a project
that is entirely flex or warehouse space. Some flex space could be positive as the use is
underserved in Meridian. The adopted future land use however is Mixed Employment and there
is no other diversity of building prototypes in support of other desired uses such as office. This
may not be a negative if the site was designed for interconnectivity with future adjacent
development,but it is not. Mixed Employment is intended to be designed in traditional suburban-
style development parks with designs that are attractive, engaging, and accessible. It is not
intended to appear or function like a secure industrial site. Opportunities to disperse local traffic,
support multiple modes of transportation,provide for shared amenities, and generally be more
accessible is described within the Ten Mile SAP. Examples of business parks with these types of
amenities and connectivity are Silverstone and El Dorado (near the Eagle/Overland intersection),
also with flex space, and examples of industrial style business parks are some of those fronting
E. Lanark Street, an Industrial collector that parallels Franklin Road.
The timing of this development is also a concern. The subject site is not currently contiguous to
City limits,but they are very close. City services like sewer and water are nearby,but the
applicant does not have City Council approval to access and use them. Allowing this intensity of
development without urban services is problematic and inefficient. The proposed use in other
conditions may be consistent with the adopted Future Land Use designation,but in conjunction
with the proposed site design and connectivity, is detrimental to the vision and purpose of the
Ten Mile SAP.
There are also a number of other more nuanced areas of concern with the proposed development.
The proposed application does not indicate how the site and structures will integrate and be
consistent with architectural standards and other thematic elements desired in the Ten Mile SAP
(and City Code). The project also appears to skirt design standards that would be required with
land development in Meridian; elements such landscape buffer widths, sidewalks,pathways,
lighting, and other improvements. Further,the proposed site plan hinders the City's pathway
network without providing or describing an alternative to it's construction. The M1 designation
also allows a variety of specific uses that are not desired within the City's Mixed Employment
designation, and only conditionally allows those that are desired.
In summary,this property has a great deal of opportunity and additional flex space may be
beneficial for the community in the future,but not now and at the cost of essential connectivity
and the equity that comes from the transparent and consistent application of development
standards. Development proposals such as this and in the absence of all City services is unfair to
other stakeholders, shifts costs for other infrastructure improvements to applicants following the
expected process later, disrupts the planning and priority of future services, causes inequity in the
taxation and benefit of services such as EMS, and limits opportunities for the more efficient
development of land. Ideally, this property would retain its current zoning, or rezone with an
2
Page 121
Item#11.
I
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interim use, or wait for the efficient and orderly provision of services consistent with the City's
Comprehensive Plan. Should you have any questions or wish to discuss further,please feel free
to contact me at 208-884-5533.
Sincerely,
I
Caleb Hood j
Planning Division Manager
CC: Warren Stewart,Meridian City Engineer
Joe Bongiorno, Deputy Fire Chief
Dave Miles, Chief of Staff
3 Page 122
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AGENDA ITEM
ITEM TOPIC: Finance Department: Annual Fund Transfer Proposal
Page 126
Mayor Robert E. Simison
Item#12.
City Council Members:
E IDIANAC!%� Treg Bert Brad Hoaglun
Joe Borton Jessica Perreault
D A H O Luke Cavener Liz Strader
March 15, 2022
MEMORANDUM
TO: Mayor Robert Simison, Council President Brad Hoaglun, Council Vice
President Joe Borton, Councilman Treg Bernt, Councilwoman Liz Strader,
Councilwoman Jessica Perreault, Councilman Luke Cavener
CC: Click here to enter text.
FROM: Todd Lavoie, Chief Financial Officer
RE: Approval Fund Balance Transfer
• The below request is an annual process performed by the Chief Financial Officer to propose
considerations for the transferring of Fund Balance dollars between funds.
o The request is proposed annually after the Audited Financial Report is presented to
Council stating the actual changes to Fund Balance for the prior fiscal year.
• Request #1 is an annual proposal directed by Ordinance 1-9-3 Funds and fund balance
policy(6).
o Any excess revenues generated by the Community Development department in any
fiscal year may be transferred from the General Fund to the Capital Improvement
Fund.
1. Request Council approval of an Interfund Transfer in the amount of:
a. $3,265,311 (Three Million Two Hundred Sixty-Five Thousand Three Hundred and Eleven dollars)
i. Transfer of excess revenues generated in FY2021 by the Community
Development Department to the Capital Improvement Fund following
Ordinance 1-9-3 Funds and fund balance policy(6).
2. Request Council approval of an Interfund Transfer in the amount of:
a. $1,000,000 (One Million dollars)
i. Transfer of available General Fund Balance to the Public Safety Fund for future
acquisition of Public Safety Capital needs.
City of Meridian . 33 E. Broadway Avenue, Meridian, ID 83642 Page 127
Phone 208-888-4433 . www.meridiancity.org