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HomeMy WebLinkAbout2002-09-24 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 24t 2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: + Tammy de Weerd >< Cherie McCandless X K Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: ~fJ Pyt9v..c 3. Consent Agenda: A. Approve Meeting: minutes of August 22, 2002 City Council Special at1r'oVJL minutes of August 27, 2002 City Council Regular C'Cj? fJ ro fr.e- minutes of September 10, 2002 City Council Regular o/pt!? vL B. Approve Meeting: C. Approve Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District No. 2 by Lombard Conrad Architects - east side of North Linder Road, north of West Ustick Road: c~frov.e- E. Findings of Fact and Conclusions of law for Approval: AZ 02- 014 Request for annexation and zoning of 4.39 acres from R-2 to L-O zones for Treasure Vallev Baptist Church by Treasure Valley Baptist Church -1300 South Teare Avenue: ar'/yvf/~ F. Findings of Fact and Conclusions of Law for Approval: CUP 02-018 Request for a Conditional Use Permit for a 1,406 square foot Sonic Drive In restaurant with a drive-thru in a C-G zone in an existing shopping center by Boise Food Service, Inc. - 2150 East Fairview Avenue: ~ v.e....- Meridian City Council Agenda - September 24, 2002 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 883.4433 at least 48 hours prior to the public meeting. Sewer Easement for Meridian Settlers Park - Howell-Murdoch Development Corporation: 4fP/O v.e..- Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project, Carollo Engineers: t:Jrr(/'L-'l./ Reimbursement Agreement to G.L. Voigt for Sewer Service - Sundance Subdivision I White Drain Sewer Trunk Project: ~/~V'..e.- Award of Contract - Well No. 10 Landscaping Project: _ tf!.j;?h:7V'.e/ 6uA.o Ct.?l-p tJy.a.h~ .-;:.;:;- Ir I~ 7//0 Change Order No. 2 (final) - Waste Water Treatment Plant Laboratory Project: ~j7J;-Pv~ !T4t 961 .,4:; Guho {!C7J-jJ. Resolution No. 02-391 : Approving Annual CPI Rate Adjustment for Solid Waste Collection Services by Sanitary Services Company: af rv<...- 4. Department Reports: G. H. I. J. K. L. A. Finance Department: 1. Finance Report: fJre fe-Iv/.e (?f., .. 5. (Items Moved from Consent Agenda) ffvo-llvi Ft.!? 6. Continued Public Hearing from August 27, 2002: Wastewater Pretreatment Program Fees and Adjustments: _ ~1/pprovv:__ ~ tfL'-//-1JYh-Uj /-i; pre?~ reJoftv/J0'-J 7. Continued Public Hearing from September 10, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: tf"~ v..e- 8. AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burme by Todd Burlile - 4881 West Tournament Drive: ~.(,/I)l'-C:?v-e. afJP~ - a!-frry-Jt-e'1 (J'Y,epc~ 9, Public Hearing: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed loch-sa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: (fC/h-hhiA..R- fJ / It... .f.c> cd.. 5 ~ 10. Public Hearing: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - - south of West Chinden Boulevard and west of North Linder Road: C <:?rz. .7S-nt.t..e Jl) k ~ dlc+-. elL Meridian City Council Agenda - September 24, 2002 I'age 2 of3 Ail materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 11. Public Hearing: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: ('o"...,j7hue.. /JIlL # Oe-i-. B'f2- 12. Executive Session per Idaho Code ~67-2345(1)(b) Personnel- Possible Decision to Follow: (/n"L-~ t- Meridian City Council Agenda - September 24, 2002 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. October 4,2002 MERIDIAN CITY COUNCIL MEETING October 8/2002 APPLICANT ITEM NO. ~ - B REQU EST Approve minutes from September 24, 2002 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERI DIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: II{)~ Oufri~ Date: Phone: Materials presented at public meetings shalf become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA TuesdaYJ September 24,2002, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X TammydeWeerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Consent Agenda: A. Approve minutes of August 22, 2002 City Council Special Meeting: Approve B. Approve minutes of August 27, 2002 City Council Regular Meeting: Approve C. Approve minutes of September 10, 2002 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District No. 2 by Lombard Conrad Architects - east side of North Linder Road, north of West Ustick Road: Approve E. Findings of Fact and Conclusions of Law for Approval: AZ 02- 014 Request for annexation and zoning of 4.39 acres from R-2 to L-Q zones for Treasure Vallev Baptist Church by Treasure Valley Baptist Church - 1300 South Teare Avenue: Approve F. Findings of Fact and Conclusions of Law for Approval: CUP 02-018 Request for a Conditional Use Permit for a 1,406 square foot Sonic Drive In restaurant with a drive-thru in a C-G zone in an existing shopping center by Boise Food Service, Inc. - 2150 East Fairview Avenue: Approve Meridian City Council Agenda - September 24, 2002 Page 1 of3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Sewer Easement for Meridian Settlers Park - Howell-Murdoch Development Corporation: Approve H. Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project, Carollo Engineers: Approve I. Reimbursement Agreement to G.L. Voigt for Sewer Service - Sundance Subdivision I White Drain Sewer Trunk Project: Approve J. Award of Contract - Well No. 10 Landscaping Project: Approve Guho Corporation for $18,500 K. Change Order No. 2 (final) - Waste Water Treatment Plant Laboratory Project: Approve $4961 to Guho Corporation L. Resolution No. 02-391 : Approving Annual CPI Rate Adjustment for Solid Waste Collection Services by Sanitary Services Company: Approve 4. Department Reports: A. Finance Department: Presented 1 . Finance Report: 5. (Items Moved from Consent Agenda): Nothing 6. Continued Public Hearing from August 27, 2002: Wastewater Pretreatment Program Fees and Adjustments: Approve - Attorney to Prepare Resolution 7. Continued Public Hearing from September 10, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Approve 8. AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile by Todd Burme - 4881 West Tournament Drive: "Approve Appeal - Attorney Prepare Order 9. Public Hearing: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by FSlWest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Continue Public Hearing to October 8th, 2002 Meridian City Council Agenda - September 24, 2002 Page 2 of3 All materials presented at public meetings shall become property ofthe City of Meridian, Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at leasl48 hours prior to tlte public meeting. 10. Public Hearing: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson- - south of West Chinden Boulevard and west of North Linder Road: Continue Public Hearing to October 8th, 2002 11. Public Hearing: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Continue Public Hearing to October 8th, 2002 12. Executive Session per Idaho Code ~67-2345(1)(b) - Personnel Possible Decision to Follow: Omit Meridian City Council Agenda - September 24, 2002 Page 3 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting September 24, 2002 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, September 24,2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Will Berg, Ken Bowers, Rita Cunningham, John Shawcroft, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: At this time, then, I will open the regular City Council meeting on Tuesday, September 24th, 2002, at 7 :00 p .m. i n the. City Council Chambers and have the city clerk give us the roll-call attendance, please. Item 2: Adoption of the Agenda:. Corrie: Council, you have seen the agenda, Item No.2, and the adoption of that agenda, we have changed Item 12 on the executive session, as we have already had that, so we can delete No. 12. Are there any other changes or additions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we adopt the agenda as published, with the exception of removing Item No. 12, which was the executive session, since it has already been taken care of. Nary: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as stated, with the exception of Item 12, which was already performed on the agenda. If that is -- any other discussion? All those in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: Meridian City Council Meeting September 24,2002 Page 2 of 53 A. Approve minutes of August 22, 2002 City Council Special Meeting: B. Approve minutes of August 27, 2002 City Council Regular Meeting: C. Approve minutes of September 10, 2002 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District NO.2 by Lombard Conrad Architects - east side 0 f North Linder Road, north of West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 02- 014 Request for annexation and zoning of 4.39 acres from R-2 to L-Q zones for Treasure Vallev Baptist Church by Treasure Valley Baptist Church -1300 South Teare Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 02-018 Request for a Conditional Use Permit for a 1,406 square foot Sonic Drive In restaurant with a drive-thru in a C-G zone in an existing shopping center by Boise Food Service, Inc. - 2150 East Fairview Avenue: G. Sewer Easement for Meridian Settlers Park - Howell-Murdoch Development Corporation: H. Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project, Carollo Engineers: I. Reimbursement Agreement to G.L. Voigt for Sewer Service - Sundance Subdivision J White Drain Sewer Trunk Project: J. Award of Contract - Well No, 10 Landscaping Project: K. Change Order No. 2 (final) - Waste Water Treatment Plant Laboratory Project: L. Resolution No. 02-391 : Approving Annual CPI Rate Adjustment for Solid Waste Collection Services by Sanitary Services Company: Meridian City Council Meeting September 24, 2002 Page 3 of 53 Corrie: Item 3, the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move we approve the Consent Agenda as noted and for the Mayor -- to authorize the Mayor to sign and Clerk to attest on all ordinances and resolutions and change orders, contracts, and et cetera. Nary: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda as written. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just want to point out to the Council I had left a copy of a sound pressure decibel level that I was to secure off the internet. We have had that as part of the Findings of Fact and Conclusions of Law for approval of Sonic Drive-In and I wanted to simply have this for Council's example as to where we set that decibel level, that 55 decibels is reasonable in light of what it shows, what the range of different types of noises are. I would also report we had set that at 55, because that had been the city of Boise's requirement for speaker systems such as that. At the time Sonic was approved in Boise that was the standard on their CUP. They no longer have such standard in Boise, they don't allow them at all within 300 feet of residences, so they wouldn't even be allowed in this particular circumstance, so I think, again, this is very reasonable that we set it and I just wanted to give you a copy of that so you could see that. Corrie: Thank you, Mr. Nary. Any other discussion? Hearing none, roll call, please, on the Consent Agenda. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports: A. Finance Department: 1 . Finance Report: Meridian City Council Meeting September 24, 2002 Page 4 of 53 Corrie: Item NO.4 is a department report. Financial department. Rita. Cunningham: Mayor and Council, Stacy couldn't be here, so she told me I had to be here. So I'm here to answer any questions if I can on the August -- Nary: Pull it down a little further. Cunningham: Okay. Did you guys have any questions? Did you have a chance to go through -- Bird: You bet. Cunningham: Okay. Did everything look all right? Bird: Everything looked fine. Cunningham: Great. The only thing I had was -- as far as the detail goes, we had 65 pages and we can consolidate that to about 35 pages, if -- would that be good? Would you like that? Okay. Then we will start that next month. Okay. Thank you. Corrie: Thank you very much, Rita. Item 5: (Items Moved from Consent Agenda) Corrie: Okay. Item No.5 is items moved from the Consent Agenda. There are none. Item 6: Continued Public Hearing from August 27, 2002: Wastewater Pretreatment Program Fees and Adjustments: Corrie: Item No.6, continued Public Hearing from August 27th, 2002. This is Wastewater Pretreatment Program Fees and Adjustments. Brad. Watson: Thank you, Mr. Mayor and Council Members. Before I get started, I'm not sure that you have this in your existing packets, but I did hand it out about a month ago. It's ago just a sched ule of proposed fees and I'll come back and introduce this. To introduce this Public Hearing, just a little background on it. These are fees intended to recover a portion of the cost associated with running the pretreatment program at the wastewater plant. The estimates that we have at this point are that these fees will recover only about ten to 15, tops, percent of the pretreatment program cost. These were developed by Mr. Shawcroft, superintendent, and his pretreatment manager Celeste Vialette. I think I got it right that time. And I brought Mr. Shawcroft along with me to provide any technical explanation. We can run down these real quickly. Well, as quickly as you would like. As you may recall from the sheet, the first couple of fees are associated with new commercial construction, plan review, and follow-up inspection. Each of those items are proposed to be billed $150 for both the plan review and the follow-up inspection. The first one is a new commercial building where we know what Meridian City Council Meeting September 24, 2002 Page 5 of 53 the tenant is. The second one is a -- where there is an existing building and a tenant moves in and applies for a tenant improvement permit. And please stop me if there is any questions 0 n any 0 f these a nd t hen I will give that question to John, so he can answer it. The third bullet point is for a follow-up inspection fee and this is one that is imposed only after a commercial account has not -- has not completed the agreed-to pumping schedule of their sand and grease or their grease interceptor. They are sent a notice of violation and there is a follow-up inspection and my understanding that's not what is billed for, unless they have still not completed that pumping operation. If they completed it after the initial notice of violation, that's not billed, is that my understanding? Shawcroft: Correct. Watson: And if there is a third visit required after a second notice of violation or whatever is equivalent to that second warning, then they would be billed the $42.50 per site visit. The second category that's underlined on that page is a sampling fee that is a lump sum fee or a fixed fee of $85.00 per sample. This includes, from my understanding, if there is a notice of violation of chronic violations or indications that a discharger needs to be monitored, the wastewater pretreatment staff goes out and sets up samplers and sends the results of those -- or sends those samples to a lab for analysis. This includes two trips, one to go set it up and one to retrieve the sampler. The third category is the one that I may need some help from John on, is surveillance. The way this was explained to me is if there is a report of a violation in the sewer system from either a construction crew or maintenance crew or someone from the public that something is not right with the sewer system and the pretreatment staff goes out and investigates, if they determine there is a problem, first of all; second, they try to find out who is responsible for that problem. If they can prove who caused the problem, then the time they spent investigating the person, if there was a problem and, second, who was responsible, is back charged to the person violating the ordinances. Am I off base on that one? Shawcroft: No, sir. Watson: The fourth major category of fees has to do with issuing what essentially amount to discharge permits to several different -- well, two different types of commercial accounts. The first one is a significant industrial user. These are defined in the Code of Federal Regulations very specifically. There is certain types of industry that are -- t hat must have a significant industrial user permit. This requires pretreatment staff to write up the permit specific to that industry, so it's somewhat time consuming, but the term of the permit, from what I understand, is five years. There is a parenthetical there that says unless otherwise specified and maybe John can talk to that a little bit more. Shawcroft: Mayor and Council, significant industrial users typically are industries regulated under 40 CFR regulations under -- from EPA. To date we've issued one permit, which mandated that we apply to EPA for a certified pretreatment program Meridian cay Council Meeting September 24, 2002 Page 6 of 53 under EPA, which we have done, but that permit that we issued is good for one year, renewable after that, a nd the reason that was done instead of setting up to the five years as specified is that, unfortunately, we are new at this permit issuing business and if we left something out we didn't want the city's liability to be increased because of our inexperience. It's issued for one year and will be re-issued a year from now. Watson: T he second type of permit that pretreatment staff would have to write and issue is what's called a minor industrial user. These are industries that are not specifically listed in the CFRs, but by virtue of either their volume or their waste load or a contaminate, the significant industrial user kicks in and the permit has to be written for them. Again, those are very industry specific and there is not really a number that we can say fits them all. The one thing that perhaps would need to be elaborated on in this ordinance is that that type of permit would have to perhaps come before Council as part of -- if there is some sort of land use application, a CUP, or -- I can't even think of what it would be, something that would kick in so that that wastewater pretreatment permit would be evaluated and be a part of the condition that Council imposes on their application. My only hesitation with these is there is no sideboards on the limit of the fees that can be imposed and I probably should have discussed that at length with John, but I didn't. But perhaps that's something we can discuss after this presentation. The third type of permit is simply a septic hauler permit, $50.00 per calendar year. This helps them create a database and track the septic haulers that are coming out to the plant and dumping into the facility out there. On the billing side of things, the way that we intend to handle this is through the existing billing department. I have talked with Leslie Howard and Rick Clinton about billing through their normal procedure and while there are a few details that we will have to work out, they don't see any fatal flaws in using the billing system and imposing these fees on the monthly bills. I was very concerned that jf there -- if someone contested any of these fees that they would show up in the delinquency list and get their water turned off, but Leslie tells me that we can take care of that, so that they aren't turned off simply because they are contesting a pretreatment fee. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: As part of these fees, Brad -- and I guess I just don't remember where our discussion has gone on this up to now, but -- so the contesting process .is something that's going to be part of the ordinance process, assuming you have s.omething to contest to have surveillance or sampling or something like that, is that whatthe intent is? Watson: Council Member Nary, Mayor and Council Members, I think there may be some provision for that in the existing ordinance, but that may be only specific to water and sewer bills and I'm not well versed in the pretreatment ordinance and if there are any -- there are no existing fees in the pretreatment ordinance, I'm not sure that there is Meridian City Council Meeting September 24, 2002 Page 7 of 53 an appeal process within specifically that ordinance, unless Mr. Shawcroft has another idea. Shawcroft: Excuse me, Mayor and Council. It is written within the pretreatment ordinance that if there -- if the entity that is being fined or say being -- what's the word I want -- given this fee does not agree, they do have ten days to contest that in writing to myself. I have then ten days to answer that and then it goes to -- if they still don't agree, then it goes to the Public Works director and then ultimately the City Council. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: A couple other things, Brad. I noticed in the -- that we have had so many discussions about fees lately and so, you know -- so correct me if I'm wrong, but there has been previous discussions about basically using a -- sort of a set amount here. You know, we use 25 dollars per hour operating a vehicle, that's our basis for these frees originating from. Has there been any -- at this point has there been any input from any of the users or any of the other people in this industry as to whether those are reasonable figures to be using for our formulas or -- John? Watson: Let me just start, first, John. Council Member Nary, Mayor, Council Members, to my knowledge there has not been any input. However, these base -- these unit costs that wastewater volunteered to me, I have not moved them one bit since they submitted them to me -- are lower than what r think they probably should be and Council Member Bird discussed this or brought this up at the previous presentation, they are low and as -- when we were going through the Public Works inspection fees -- I can't remember, last year or earlier this year, we are starting out low, because we really want to monitor this program and not appear to be doing a money grab. As for public input, maybe John has some more. Shawcroft: That's exactly what -- you're right. Watson: That's what I was going to say also. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: All these are based on cost, but it's like your personnel down here, based on a $3,000 a month -- or 3,000 a month employee, that's maybe 65 percent of that employee's cost, so -- and I understand where you're coming from, so I think we are very fair in saying that these fees are reasonable fees, because we truly haven't got our true cost out of these, as I stated earlier, which is fine to monitor and stuff to see how they are coming. We will for a year or so, so I see no problem with that, but we need to make sure that when we do -- after we have monitored and if we have to change or Meridian City Council Meeting September 24, 2002 Page 8 of 53 something, we can get our true cost back up, because an employee with that -- or their actual cost is going to be more like $27.00 an hour to the city. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Just one other question, Brad. On the one that's called surveillance, it almost sounds like a penalty, it doesn't really sound like a fee, because it appears to me that what -- at least what it's saying here is that you find someone in violation, then now you're required that -- you're requiring now to have to watch them to make sure they are not continuing to put the wrong things into the system and this -- it sounds like a fee -- I mean a fee is for some type of service that you want to have -- or this isn't for anything they wanted, so I guess I'm curious as to how we are going to have to deal with this? We deal with that from a perspective of somebody contesting the fee. It really sounds like a penalty to me, Shawcroft: Councilman Nary, I do not dispute that point. The way that this pretreatment ordinance ordinarily is administered is that if we do have reasonable belief that someone is, in fact, violating this ordinance. Then we go out and we do surveillance and then if it comes out that, in fact, they were, then we actually give these costs back to that entity, so that the city isn't stuck with the cost of, if you will, proving that they were the bad player. So, right, it could be not called a fee, but something else. Nary: Is that common in Nampa and Boise to do that -- Shawcroft: It's very common. Yes. Nary: Okay. Thank you. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, in the sewer pretreatment ordinance there is a wastewater discharge appeal slash procedures provision in that ordinance itself that Mr. Shawcroft was referring to, so there is a means whereby somebody can appeal their assessment, if you will, on these permit fees. Mr. Mayor? Corrie: Yes, Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, I'd ask a question of Mr. Watson and Mr. Shawcroft. We have prepared a draft resolution to adopt these based on these numbers, but [ notice we don't have in minor industrial user -- we do address in that resolution significant industrial users. Do we need to address the minor industrial user Meridian City Council Meeting September 24, 2002 Page 9 of 53 or is that covered under the pretreatment application fee for new commercial construction? Shawcroft: Yeah. In fact, no, we do not need to address that. A minor industrial user is anybody that does not fit under the 40 CFRs as a significant industrial user, either by falling under the 40 CFRs as per their business or if they don't fall under the flow requirements, so anything else will be a minor, but just by definition. Nichols: So, Mr. Shawcroft, then, is the proposed resolution okay in terms -- assuming the Council adopts the numbers that you have put forth, is it okay or do we need to make some changes there? Shawcroft: Mr. Watson was telling me that we do, in fact, need to add that in here, the minor -- I failed to see that. Excuse me. Corrie: Thank you. Any other discussion? That's pretty clear. Hearing no other discussion, are you ready to -- is there anyone else from the public that would like to issue testimony in this issue? Thank you. Mr. Bird. I jumped ahead of myself there. Okay. If there is nothing else, I will entertain, then, a motion to close the Public Hearing. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move we close the Public Hearing. Bird: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on the Wastewater Treatment Program Fees and Adjustments. Any other discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Discussion? Hearing none, I'll entertain a motion, then, on the Wastewater Pretreatment Program Fees and Adjustments. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we adopt the proposed Pretreatment Fee as stated. Bird: I would second that. Meridian City Council Meeting September 24, 2002 Page 10 of 53 Corrie: Okay. Motion has been made and seconded to approve the Wastewater Pretreatment Fees and Adjustments. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Would that also include to have the attorney draw up the resolution -- McCandless: Yes. Bird: -- with the changes as noted by Mr. Watson? McCandless: Yes. Bird: Okay. Second agrees. Corrie: Motion made and second. Any further discussion? Okay. Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 7: Continued Public Hearing from September 10, 2002: Proposed Comprehensive Parks and Recreation System and Action Plan: Corrie: Item No. 7 is a continued Public Hearing from September 10th Proposed Comprehensive Parks and Recreation System and Action Plan. Mr. Bird. Bird: Mr. Mayor, I see no reason, unless the rest of the Council people have any problem -- I do not know why we cannot proceed on with adopting the comprehensive plan. We have h ad numerous testimony, which everybody has got a record of, and what we were waiting for was getting the new impact fees, which have to come through another process anyway, that really, basically, isn't part of the Parks and Recreation Comprehensive Plan, as I understand. Is that right? So I would like to proceed with it and get it adopted. I mean I have no questions on it. I thought that the Parks and Recreation Commission did a very good job of presenting. I went back through all our old minutes and with the plan and everything, I think it's definitely a workable item for us and I think it's something that we need to get adopted and proceeded with. Corrie: Okay. With that being said, I will 0 pen the continued Public Hearing on the Proposed Comprehensive Parks and Recreation System Action Plan and at this time I will invite staff if they have any comments, other than that -- okay. Is there anyone from Meridian City Council Meeting September 24, 2002 Page 11 of 53 the public that would like to issue further testimony in this? Okay. Hearing none, Council, your pleasure on closing the Public Hearing? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Before we do I just had one question and, David, I don't want to put you on the spot, but it's a little hazy to me, but I remember when we had this discussion awhile back about this plan, t here was some comments f rom Planning and Zoning that -- I don't know if incorporated into that plan -- it would appear to me we need to incorporate those additional comments into what has already been presented to us as part of the plan. Is that correct? McKinnon: Councilman Nary, Members of the Council, Mr. Mayor, many of the comments that we had from P&Z were of a clerical nature correcting some errors. Some of them were clean-up language regarding sentence structure and some ordinance compliance with the ordinances that we have in place right now and I would suggest that those be included as well as an addendum to the proposed park plan. Nary: Thank you. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Also, as I recall, there was some comment between the parks and the Planning and Zoning regarding our Comprehensive Plan locations of parks and stuff, too, that I think was incorporated between the two of them. Am I not right on that, David? McKinnon: That's correct. In fact, there was a note that was placed on the Comprehensive Plan before it was adopted to say that those items could float. Bird: Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Two items that were -- that I believe the staff before the Parks Department worked on. One was that there is a pathway committee recommendation out there somewhere that was just to be referenced and not appear in detail in this comp plan, so there was a little bit of language to change, as well as they did some language change to partnering with the school districts, but I can't find the notes or memo that was written in regards to that and I do believe -- I remember seeing it and I just couldn't find it in my material at home and it's not in the material that we have in our packets. MerIdian City Council Meeting September 24, 2002 Page 12 of 53 Bird: It's back in the -- I believe I found it in the March 12th minutes. De Weerd: Okay. But it's not in here. Bird: It's just -- yeah, it is in here. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Maybe what we can do -- because I would agree with Mr. Bird that we probably need to move this item along, instead of continuing it forever -- and, Mr. Nichols, on this particular item would we need an ordinance to approve it or a resolution -- we need some other action, but-- Nichols: Councilman Nary, Mayor, Members of the Council, we do have to adopt the plan in accordance with the impact fee statute and even though I looked a t it again today, I can't remember off hand whether that's a resolution or ordinance, but it would be a specific Council action that would be required to do that and then -- it may well be just by resolution, but there would be a specific action required to adopt it and I -- Nary: So what we could do tonight would be to approve the plan with the additional comments and then request between Parks and Planning and Zoning that a completed plan that would be a part of whether it be resolution or ordinance, be brought back when the impact is brought, so we have a document that we have passed is the document the public would see and not a piece of a part that we are talking about now. Is that correct? Nichols: Councilman Nary, Mayor, Members of the Council, it's always a great idea to have the final document in one piece and not to have an addendum of some sort, because it's something you want to be able to give out to developers and those that are impacted by it. So would suggest that it's best to have it in one piece. Nary: I would move we close the Public Hearing. Bird: Second. Corrie: Motion made and seconded. Any further discussion? All those in favor? All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Corrie: Further discussion? Bird: Mr. Mayor, now we are going to pass on it and -- Meridian City Council Meeting September 24, 2002 Page 13 of 53 Nary: You c an move to approve ita nd t hen a sk for t he final completed with a II the comments included in one document will be brought back and -- we can approve the plan as presented, but then we ask for the final document and the further resolution or whatever final action we have to take with regards to that. We don't have to continue having hearings on this, but with all the notes and with all the comments from Planning and Zoning and all that. Bird: And the pathway committee and that kind of stuff. Nary: Right. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: If we have no more discussion, I would move that we approve the Comprehensive Parks and Recreation System Plan as presented and to bring forward comments from staff, pathway committees, to be incorporated in it and give the final draft of it, so that we can then pass on a resolution or ordinance for what we need to do. Nary: Second. Corrie: That's kind of open-ended there. Bird: Yeah, it is. Corrie: We have a motion been made and seconded. Is there anymore discussion? Bird: It's open. Corrie: And then we got a person over here that got it all. Roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: ALL AYES. Item 8: AP 02-001 Request for Appeal to allow gate on rear property line for access to rear yard of residence from N MID access road behind lot for Todd Burlile by Todd Burlile - 4881 West Tournament Drive: Corrie: Item No. 8 is a request for appeal to allow a gate on a rear property line for access to rear yard for residence from NMID access road behind lot for Todd -- is that Burlile? Meridian City Council Meeting September 24, 2002 Page 14 of 53 Burlile: Burlile. Corrie: Burlile. 4881 West Tournament Drive. At this time I would like to have staff comment, if we can, and then we will have Mr. Burlile's comments. McKinnon: Thank you, Mr. Mayor, Members of the Council. I assume that you all have had a chance to review the report that's been given to you concerning the background information. I'll go over it really quickly. In February this year Todd Burlile, the appellant, who is here tonight, purchased the property that's highlighted on the overhead at 4881 Tournament Drive in Turnberry II Subdivision. The property itself is a pie-shaped piece of property. As you can see, Mr. Burlile's home is situated in such a manner that he does not have access to his rear yard. It's not w ide enough to get passed the house and the fence in order to bring a boat or a trailer into the backyard and he's requesting that he be able to put a fence -- I'll have to steady my hand here -- in the southwest -- actually, it's the southeast corner of his property and he would -- in order to do that, he would have to remove existing landscaping -- I wish it was a little bit brighter. Essentially one pine tree and a number of small bushes and grasses that need to be removed in order to accommodate this. On the final plat there is a plat note, item number seven on the plat note, that says that there shall be no direct lot access from any lots within the subdivision to Black Cat Road. Mr. Burlile, in order to access Black Cat Road from his backyard would have to cross over the existing landscape lot, removing the landscaping that's there and relocating it to another location within the landscape buffer, leave that lot and cross over onto lot number 16, he would cross over the landscape buffer, which is lot number 17 at this location, then cross over the common lot, number 16, which is being used as a Nampa-Meridian Irrigation District access road for maintenance of the ditch that runs on the south side of the subdivision. Because of the requirement on the plat that ACHD and the City of Meridian grant approval prior to anybody taking access from any lot out of the subdivision to Black Cat, Mr. Burlile has contacted Ada County Highway District. The Ada County Highway District has granted a license agreement pursuant to Mr. Burlile receiving approval from the city and from the homeowner's association and from the Nampa-Meridian Irrigation District to cross over both these common lots to utilize the Nampa-Meridian Irrigation easement lot. We felt that as staff, that because the -- because it states that the city has to approve this, that you, as the governing board, should be the body that makes that decision. As Planning and Zoning staff, we felt that for other reasons, other than that note on the plat, that we should not allow this to happen and they are outlined in the report for you, but briefly they are that the existing landscaping would.. need to be removed and that a driving surface would have to replace the exist landscaping. The second item is that when Black Cat is widened and when the sidewalk is continued to the south, then Mr. Burlile would have to cross over existing pedestrian accesses. The roadway is currently 20 feet -- well, right now -- upon widening of Black Cat, the edge of the right of way is now 20 feet from Mr. Burlile's property, so he would be accessing almost directly onto Black Cat when the road is widened. The Ada County Highway District license agreement also states that it can be removed upon -- that the license agreement can be revoked upon the widening of Black Cat. And the final reason that Meridian City Council Meeting September 24, 2002 Page 15 of 53 staff felt that this would not be the most appropriate thing to do would be that all 13 lots that run along this drainage easement, if we allow M r. B urlile to have access tot his easement in order to access Black Cat Road, it would become very difficult in the future to say that none of these lots would be able to use this access road in the future or any of the lots that front on common lots within the subdivision to gain access. If we allow one, we possibly would be placing it in a position to allow all of them. That's the staff report I have for you. If there is any questions or comments, I would be happy to answer them at this time. Again, the applicant is here tonight to address you. Corrie: Any comments? Questions? Bird: I have none. Corrie: Okay. Todd, would you like to address the Council? Give us your name and address, please. Burlile: My name is Todd Burlile and I live at 4881 West Tournament Drive and I would like to thank you for your time tonight. I'd like to address the five reasons that you have given to -- that was given here. The first one -- on the final plat it says that you cannot access -- the homeowner does not have access to Black Cat -- or just -- it says it is prohibited unless ACHD and the City of Meridian gives approval on that and I got ACHD's approval and simply it doesn't say that I can't, it says that I need your approval. The second reason he has, the removal and relocation of existing landscaping and placement of driving surface in the southeast corner of the subdivision is not an adequate visual field of streetscape. I have gone through the homeowners association and they have given me their approval and put me in contact with the president of the landscape committee for our subdivision and I don't think that it would be done on a -- you know, I want to do it to make it visually appealing. I would want to do it in good taste. There is one pine tree and five or six small rose bushes that need to be removed and there is plenty of pine trees a nd rose bushes you could move it and b lend it in without looking bad at all. To add to that, I would be coming out at an angle, because my property is pie shaped r so we could leave -- we could leave some of them bushes there to even hide me going in and out of there if we wanted to not make it so noticeable. The third reason, the new driveway into Mr. Burlile's backyard w ill cross over the existing future sidewalk. I will be going onto the Nampa Irrigation road there and they are going to need a ramp there for their grader to grade the gravel road there and their men need to get back there to do any work that needs to be done. On top of that, I have got three water valves, two in our subdivision in my backyard and the Nampa-Meridian Irrigation needs access to the backyard to turn the valves on and off and if there is any repairs or anything that need to be done, they could also get their heavy equipment back t here fairly fast and the get t he problem fixed, if there was a problem. The one problem that I could see possibly down the road is I have got -- I have got two mature trees in my backyard and I'm in the process of taking one out. The second one is -- I'm planning on leaving it and I don't know if you know, but the roots from the trees can grow along the trench line to the pipes and lift them and break them. I'm sure it's plastic pipe. The fourth, the future expansion of Black Cat Road will place Meridian City Council Meeting September 24, 2002 Page 16 of 53 the gate only 20 feet from the edge of the future right of way, I don't really see where that would be a problem. I can go around in front of my house, open the gate, and then drive around and not cause any problems whatsoever, I don't believe. I'm coming out of the property at an angle and as you can see, it's actually -- coming out at an angle I would actually have 33 feet instead of 20. And the fifth reason with the other neighbors wanting access to the road, all the neighbors but the one next to me have access and he is in the process as of right now of landscaping his whole backyard and he has no intentions of needing access and his yard is not big enough for him to do that. I have pictures -- better lighted pictures, if you would like to look at them. The other thing is -- I have a thing here that the city clerk gave me from fire department saying that they didn't see no problems with -- no concerns with the gate. One thing I thought of was I bought one of the largest lots in the subdivision, so I could have my camper and my boat and my car trailer. The realtors told me that it would be no problem and that I found out differently. They-- Nary: Realtors will tell you lots of things. Burlile: Exactly. We didn't take their word for it, that's why we are here today. I have spent the last seven months going through red tape to get everybody's approval. I want to do this appropriately, you know, go through the right channels. I really don't think that I'm being unreasonable by asking for 16 foot of a common area to drive over. Any questions for me? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Burlile, when you said the other properties have access -- BurJile: Right. Nichols: Do you mean that they have gates in their fences or they have access to the backyards from the Nampa-Meridian Irrigation District road? Burlile: No. Everybody has -- that wants gates have gates, have plenty of room on the side of their houses for gates and probably half or more of them have gates that go into my subdivision from their property. Nichols: From the front yard into the back? Gates? Burlile: Right. Right. I want to be able to do that and I have five feet on both sides of my property and one side has to be landscaped to meet the homeowners association. Nichols: Thank you. Nary: Mr. Mayor? Meridian City Council Meeting September 24, 2002 Page 17 of 53 Corrie: Mr. Nary. Nary: I don't think -- I'm not sure this question is for Mr. Burfile, but there is no prohibition to you having a gate on the back of that property, is there? There is nothing in your -- there is nothing on the plat saying you can't have a gate there. Burlile: Right. Nary: And there is nothing in your CC&R's that prohibits you having a gate in that location, the whole issue is whether you can drive a car through it and drive a car over that and have a cut -- and have a driveway; right? Isn't that the -- Burlile: The only thing in the CC&R's is on the plat map and it just says that we need ACHD and Nampa-Meridian -- or, excuse me, Meridian's approval -- City of Meridian's approval, that I'm aware of. Nary: David, exactly what is -- I know he's appealing a Planning staff decision, but what is he really -- what are we doing? I mean are we amending the plat? Is that what we are actually being asked to do, amending the plat note? Because he can have a gate, he just can't drive a car over the grass and he can't cut out the sidewalk and make a driveway out of it without the ACHD approval, so I'm not sure what we are actually being asked to rule on. McKinnon: Councilman Nary, Members of the Council, what you're trying to rule on is in number seven -- I have got a copy of the plat. It says there shall be no direct lot access to Black Cat. This is a common lot that would be being driven over to give direct lot access to Mr. Burlile's property. The reason why the note is in there, the reason why it's ACHD and the City of Meridian, is to limit the number of access points onto Black Cat Road. Within the plat notes itself it says that Mr. Burlile can ask for permission from ACHD, which he has received. But he also needs permission from the City of Meridian to have an access point to Meridian Road. It isn't the homeowners, it says direct lot access. Nary: Not just his property that's given that, but all the properties, right? McKinnon: That is correct. Nary: It's not just related to this piece of property. McKinnon: That's correct. Nary: Okay. De Weerd: Mr. Mayor? Meridian City Council Meeting September 24, 2002 Page 18 of 53 Corrie: Mrs. de Weerd. De Weerd: But as I understand it, he would be accessing via the Nampa-Meridian access or easement road or access road. McKinnon: The access -- Councilwoman de Weerd, lot number 16 is used as an easement for Nampa-Meridian Irrigation and there is actually a sign out front that says that the only people that can use it are Nampa-Meridian Irrigation. It's an easement in favor of Nampa-Meridian Irrigation, but it actually is a lot of the subdivision -- of Turnberry Crossing NO.2 Subdivision. De Weerd: But by all visual aspects it's a dirt road. McKinnon: It's a dirt road. That's correct. Burlile: It's plenty wide. I don't see why there would be any problem for any of the homeowners to have access, other than Nampa-Meridian's approval -- Irrigation's approval and dealing with John Anderson, I don't think he would have a problem with it, other than he said that the homeowners would -- farther back would probably need a license and an agreement. The access was already there. Corrie: You are not trying to make access off of Black Cat Road into your property, are you? Burlile: That's the only way I will be able to get in is I would have to go in and out off the ditch rider road onto Black Cat. That's the only access. Bird: It's already accessible if they try to -- Burlile: And I have pictures to show that right now it's got plenty room from the road. I don't know how soon they plan on widening Black Cat, but from what J gather it's at least five to ten years down the road, at least. Corrie: When they widen Black Cat Road, you wouldn't go that way anymore? Burlile: The lease -- the license agreement I received from ACHD said it was temporary, because they may widen it some day and that if I -- if it's not possible for me to have access because of widening it, then it would be terminated. But it.also says in there that, if possible, they would be willing to work with me. And, you know, all I've got to do is drive around in front of my house, open the gate and drive in, I don't have to stop on the road or nothing like that. I would unhook my trailer, turn around, and back out. Nary: Mr. Mayor? Corrie: Mr. Nary. Meridian City Council Meeting September 24, 2002 Page 19 of 53 Nary: And I recognize, Mr. BurlHe, that that's at some point in the future, but what it sounds to me, at least at this juncture, ACHD is saying they are only in agreement with this up until the point they widen the road. Bird: Correct. Nary: So at the point they widen the road you won't have this access any longer. Burlile: If it's not possible -- you know, I don't see why there wouldn't be -- why I wouldn't be able to. They are still going to have that ditch rider road and, you know, they are still going to have to have access for the road grader and the maintenance vehicles going through there. Nary: Well, the reason, maybe, is because they don't want a car driving right out that close to the roadway in that location. They just may not want it in that location. That's the reason, but I guess I'm thinking of the future, then. You may have this for -- if we were to allow this, you may have it for five years and then they will turn it off and you can't have it anymore. Burlile: Right. Like I said, with my property being at an angle, I measured 33 feet to the sidewalk -- to the common side of the sidewalk and I think that's plenty of room for me to drive out and see a car coming. On top of that, there is the pump house right there. I mean the Nampa-Meridian Irrigation is always there with their rigs on a weekly basis cleaning the screens and what have you and they are going to have to be going in and out of their themselves. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Mr. Burlile, then how would you be pulling into that lot? Would you be backing into it? Burlile: I would just pull in forward, unhook my trailer, and then I would have enough room in my backyard to turn around and come back out forward. I have pictures of my backyard if you would like to see them and see much room I actually have and everything. De Weerd: Well, I was just more concerned if you're going to attempt to back into it. That poses a whole different situation. Burlile: Right. De Weerd: Okay. Meridian City Council Meeting September 24, 2002 Page 20 of 53 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: David, I guess I'm still unclear. If we wanted to grant this, that plat is recorded, that plat that is recorded, we would have to record an amendment to the plat; right? Because every other property owner along that -- along that landscape strip doesn't have access to Black Cat Road and we would be -- Mr. Burlile is asking us to grant access just to him and if he sells that property, that subsequent property owner would have the same access, I don't know if he would know -- how would anybody know that, unless it gets recorded and they are going to look at that plat. So again, we would have to amend the plat only for him and I guess that concerns me, just amending it in regards to one piece of property. But I don't know how else we would do it. McKinnon: Councilman Nary, if I could confer with our city attorney. The way the plat note is written is that there shall be direct lot access unless permission is received from the City of Meridian and Ada County Highway District and in your opinion would we be required to have an amendment to the plat? Nichols: Mr. Mayor, Members of the Council, that's why I think it doesn't need a plat amendment, because it does contemplate that there might be a process for obtaining permission and I think the way that you would -- I mean I think there is -- if you're going to grant this, there is several things that you need to look at and one is will it -- or do you want or do you care or what's your policy going to be for anybody else whose lot is on the southern boundary of that subdivision that butts up against that access road, because even though they might have a gate -- they might have like ten foot along their garage so they can open it up and drive into their backyard, they also might want to put a gate in the back, so just drive straight through and then they do not have to back up -- you know, I mean you have got to think about that issue in terms of the volume of traffic that you might have -- and it may not be significant, but I mean you at least have to think about that for one. Secondly, I think a finding and a decision on this appeal, if it grants it, it could be recorded and be specific to that lot only and that, then, would serve as notice to anybody that would buy the property from Mr. Burlile, in terms of what the conditions of that approval are, so that the next person along isn't just relying on what the realtor said and I think the other issue that you have got to look at is you have a landscape strip, a landscape buffer, and to what extent as a policy matter do you want to allow any lot access, vehicular access, across the landscape strip? It may be insignificant here, because it's right on the corner, and that might be something that you can differentiate this one from the next one and the next one and the next one down the line. Those are just some thoughts to consider. Mr. McKinnon appears to have something, Mr. Mayor. McKinnon: Mr. Mayor, Members of the Council, just a thought and a question. Because this property is actually crossing over a piece of property that Mr. Burlile does not own, I don't know if, Todd, you have had an opportunity to talk to the homeowners association about receiving a cross-over access easement from the homeowners Meridian City Council Meeling September 24, 2002 Page 21 of 53 association, because such an easement would have to be recorded and once you got a recording with it, that recordation would come up every time you do a title search. I think that might solve the problem and then we would have something that would be recorded that would run with the land. Burlile: Yeah. I don't have anything that was recorded from the homeowners association. The only thing that they had done is had me sign a release releasing the homeowners association from any liability that may result from this easement. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: That w ou Id - - that w ou Id actually constitute a n easement -- the granting 0 fan easement to go across that and at that point, like Dave said, it would have to be recorded and everything and you are -- and the homeowners would have to grant that, because that common lot is their lot; am I not right? McKinnon: Correct. I think that would solve the problem of having something that's recorded, something that would run with the land. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess that also would make it specific to only that lot by -- with that being granted with the cross-over easement -- access agreement, whatever. Okay. Well, it's not a public hearing, but I really don't have an issue with it. I don't know how to write up findings that would reflect ACHD's temporary access. I guess that's what concerns me most is when the road would be widened, how you can word that. You run it concurrent with ACHD's comments or approval. I think the fact that Mr. Burlite has gotten permission from the homeowners association, ACHD, and Nampa-Meridian, that he has pretty much covered alt the bases, he's working with the homeowners landscape committee and they are certainly going to want to keep it attractive and so they wilt be looking out for their own interest in that regard. But as far as -- and we can ask that he gets the cross-over easement access agreement by the homeowners association, but how you word it as far as what ACHD has stipulated, I don't know how you would do that. Bird: That's why we have attorneys on both sides. De Weerd: Welt, then I don't have to do it. Nichols: Mr. Mayor, Members of the Council, if you were to grant this request, you could make it so long as ACHD approves of the access; at such time as they revoke their license agreement, then the City of Meridian's permission to access the lot would Meridian City Council Meeting September 24, 2002 Page 22 of 53 also be revoked. That's one issue. The other thing in terms of avoiding the floodgate argument -- that's a bad pun, I guess, but because there are Nampa-Meridian Irrigation District facilities in his backyard that may require repair, clean out, so forth, that may be another reason to allow vehicular access across that strip into his backyard, so we can include that as a finding and a reason to grant the appeal, if that's your choice, but it would a Iso, t hen, a How you to say not 0 the next person t hat doesn't have a similar situation. So it's kind of a combination of factors: Corner lot, still has access to the ditch rider road, has facilities in the backyard that potentially need access, that sort of thing. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: David, do you know if this language about this direct access, is that common in most of our plats? McKinnon: It's very common on most of our plats. It's not on all, but it's very common. Nary: What's the reason we have that? McKinnon: To control access points, so that we don't have people with driveways all over arterial roads. You want to have those focused in certain locations, so the traffic is not pulling out from each location. It's a safety issue. Nary: And this particular lot, if we were to grant this, then, would have two driveways? McKinnon: Essentially. That's correct. Nary: A nd although Mr. B urlile's intent is to use it for h is boat or h is m otorhome 0 r whatever at this point, if he sells that property that's a driveway for the next property owner to use all the time; right? McKinnon: I can't find any reason to say no. Nary: Why wouldn't this make this lot have a double front? Isn't that prohibited by our subdivision ordinance? McKinnon: The reason why this does not have a double front is becau$e it actually would cross two common lots before it actually hits that road. In true reality it is direct lot access to Black Cat, but if you were to look at it in legal terms, there are two other lots that separate Mr. Burlile's lot from Black Cat and so we don't have the double fronted lot, because of the landscape lot. Nary: Okay. Thank you. Nichols: Mr. Mayor? Meridian City Council Meeting September 24, 2002 Page 23 of 53 Corrie: Mr. Nichols. Nichols: If I may ask another question of Mr. Burlile. Mr. Burlile, if I recall, it's just for the trailer and -- or, excuse me, maybe an RV and your boat. What do you intend to use the access for? Burlile: I have got a boat that -- that was my grandfather's and he passed away and left it to my uncle and he1s paid storage for two or three years now and he's paid for the boat over and over again and so he gave it to me. So if I use the boat a couple times a year, the camp trailer I have, if I use it a couple times a year, and my car trailer is probably the most I have that I would use, I have a race car that I go out to Firebird dragstrip with, and] probably would use it once a week in the summertime and then in the winter I wouldn't use it at all. At the most it would be used four times a month. Sometimes the races are only two to three races a month. Nichols: Mr. Mayor -- Mr. Mayor, Members of the Council, you could restrict it for RV access. It wouldn't -- actually, you could say there wouldn't be a carport or a garage back there or you might do some other things that way if you wished to limited it so that a future owner -- that that would also appear in the recorded document. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: He can't park all these things on the grass; right? I mean he has to improve the back of this to park all of those vehicles and trailers and boats and all that back there; co rrect? McKinnon: Councilman Nary, Members of the Council, Section 13 of the zoning ordinance talks about parking standards, but nowhere in the code does it address parking standards in a backyard. It just talks about how vehicles shall be parked on an improved surface and so that could be a requirement for it to be improved, but as far as directly stating that it has to be on an improved surface in a backyard, there is nothing that directly states that. Nary: I guess my concern, Mr. Nichols, I mean that sounds good, but I don't know how to enforce that later. If someone else comes in and Mr. BurJife doesn't own that property anymore, someone else is just driving back and forth, because he has paved that so he doesn't park all of his vehicles on the grass and on dirt, so they require some sort of surface to be there, and the next property owner just thinks that's an extra driveway and I guess that's my concern, but it ends up being another driveway and there is a whole reason why we have the landscape lot and why they have this language in our subdivision plats, is because we don't want two driveways on people's properties. You know, we don't want necessarily people using it that way. I mean I can understand the hardship you are concerned with here, but all of those conditions existed when you Meridian City Council Meeting September 24, 2002 Page 24 of 53 bought this property and you knew when you bought this property it was on the corner and it doesn't have a rear yard access and doesn't have all of those things that already existed and so I guess I appreciate you bringing it to us, because the majority of the public would have just built it and did it and not asked us about it and so I appreciate that, but I guess that's my concern is that we have -- we have a difficult time in turning it off on other people -- if you weren't there, we would have a hard time enforcing it on the next person. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would think that we really -- it would be his CC&Rs that would say whether he has to put asphalt or something to park his deal on and I don't know whether it does or not. I don't think there is anyplace in the city that says that you can't park in your backyard on your grass that I know of. I agree with Mr. Nary on that aspect of it, but basically he -- by letting him use this he isn't going to get -- we aren't going to get the backyard -- we are not going to mandate the backyard is going to have to be asphalted or paved or rock put in or something like that, because -- unless his CC&R's say that, there is nothing we can do, I don't believe. McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: In reading this ACHD temporary license agreement, it's with Mr. Burlile, and so I'm wondering why all of the concern about another owner. I would assume from this that the next owner would have to get the same type of agreement. That this is specifically between him and ACHD. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Well, the problem all this ends up being is like what Mr. Burlile was told by his realtor. Somebody else goes there, there is a gate and a driveway, and they don't ask us, they just keep driving on it, they just keep doing it and that's -- you know, that's the problem is not everybody probably is -- may be as responsible as Mr. Burljle in asking, but that's a condition that we are going to allow to exist, which is different than what was on the plat and, you're right, I guess in the city code here at this juncture we don't have any prohibitions, necessarily, to parking on the grass or in the yard. Nichols: Mr. Mayor? Corrie: Okay. Mr. Nichols. Meridian City Council Meeting September 24, 2002 Page 25 of 53 Nichols: Mr. Mayor, Members of the Council, the license agreement does include what's called as successors and assigns clause, which is on the last page where the signatures are, so it would bind any future parties to it. I don't see a reference to the lot number, but that should have been in there, but apparently it wasn't put in. McCandless: Would it have to be consented by ACHD? Burlile: Mr. Mayor, some of the -- if I could address one of the issues. As far as the -- when I was planning on parking on those, I was planning on putting rock down, so it wouldn't be mud or anything and tracking mud out onto the road or anything. Second of all, I think that if we are going to make an agreement, I think we could add in there that on the condition that I did sell my property, that I would notify the new owners that somehow they would have to re -- come in before you or the city Planning and Zoning or what have you and get the things okayed and have things put in their name or something. Another thing with -- the attorney pointed out awhile ago was people wanting to drive in and out of their properties and having a gate going to the ditch rider road, the subdivision as far as I'm aware of, has been there for two or three years now and I would have thought by now some of them would have come forward, if that's what they wanted. Corrie: Did anybody else have any comment? We can talk about this all night, but we need to make a decision. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: There is just one other thing I noticed in here in the city code, under yard requirements about parking in yards, in rear yards, and it only addresses commercial districts that are adjacent to residential districts, so it doesn't have any particular, other than residential homes are supposed to all have a garage and I suppose you're supposed to park a car in it, but it doesn't have anything particularly -- that I can fine, anyway, David, about parking in your yard. McKinnon: Mr. Mayor, Members of the Council, Councilman Nary, I looked at that same section of the code and then I just flipped over one more page and it talks a little bit about paving and it's subsection 0, 13-4, it talks about how all open off-street parking areas shall be paved in accordance with the standards established by the., city. I don't know the exact definition of what open off-street parking would be per that section of code. My guess is that we are dealing with a private residence and not open off-street parking, so there are no true standards that I can find in the code either. Nary: And the only other reference I can see is the original parking and parking out front yard and that's -- De Weerd: Mr. Mayor? Meridian City Council Meeting September 24, 2002 Page 26 of 53 Corrie: Mrs. de Weerd. De Weerd: I'm just going to make an attempt at a motion and it's not a Public Hearing, but I would move that we approve the request for appeal to allow a gate on the rear property line for access to the rear yard of a residence, Block 1, Lot 8, of Turnberry Subdivision, to restrict to an RV type access, not to be use for a carport or a driveway, as long as it is approved by ACHD or until revoked; to ask the applicant to submit proof of a cross-over easement access agreement with the homeowners association and that this use be allowed because of the Nampa-Meridian Irrigation District facilities on this particular property and ask the attorney to make sense of it for some Findings of Fact and Conclusions of Law. Bird: Second. Corrie: I'm glad you got that. Bird: That's almost as open as my last one, too. Corrie: Any other discussion? Motion has been made and seconded. Okay. Hearing none, roll-call vote, Mr. Berg. Roll-call vote: McCandless, aye; Nary, nay; DeWeerd, aye; Bird, aye. Corrie: Okay. Three to one. Motion is carried. Thank you. MOTION CARRIED: THREE AYES, ONE NAY. Corrie: Items 9, 10, and 11 is all under Lochsa Falls Subdivision. I would like to -- while they are preparing there, let's take a five minute break, if we may. (Recess.) RECONVENED AT 8:26 P.M. Item 9: Public Hearing: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Item 10: Public Hearing: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - - south of West Chinden Boulevard and west of North Linder Road: Meridian City Council Meeting September 24, 2002 Page 27 of 53 Item 11: Public Hearing: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Corrie: All right. I will end the recess here and start the public hearings on 9, 10 and 11, since they are all Lochsa Falls Subdivision. No.9 is the annexation and zoning. No. 10 is the preliminary plat. And No. 11 is the Conditional Use Permit. So we will take them all and you can have your testimony on all or separately, however you want to do it. So at this time I will open the Public Hearing on 9, 10, 11 on Lochsa Falls Subdivision and we will have staff comments first. What I will do, staff, after comments, is give t he developer ten minutes tog ive a presentation. We probably will take - - if there is any questions from the Council, and then any other public testimony will have five minutes apiece. So, David, go ahead. McKinnon: Thank you, Mr. Mayor, Members of the Council. This is the big one. This is the largest subdivision that we have seen before the City of Meridian for approval. It's a 354 acre parcel of -- well, actually, it's a number of parcels of land that are going to be improved as Lochsa Falls. This project is 856 single family homes, 171 apartments, 11 commercial lots, one commercial lot, a fire station lot, numerous park and open space lots and a large 25 acre plus park. It's located, as you can note -- as you can see on the overhead, in between Ten Mile Road bounded on the West, Linder Road on the east, Chinden Boulevard on the north, and McMillan Road on the south. I have got some pictures showing the property in and of itself is a relatively large, flat piece of land. The two structures -- well, there is three structures to note that need to be discussed tonight. One of those is the church that's located essentially in the center of the park; the Martin home, which is located on the opposite side of the park, and then there is another site looking northeast to the park at Ten Mile, this is the park land, it's relatively flat farm land right now. Go back to the original drawings. The original picture is -- the picture on the left that's on the overhead right now shows a long dirt road in the far left side of the picture. You can see that there is a large home -- I wish the picture was more to scale, but there is a large home back there and that's the Moss property. This piece of property -- there is a long driveway -- is actually a part of the Lochsa Falls Subdivision, but Mr. Moss has an access easement to his property through the Lochsa Falls property. I'll get into the site plan proposal. This first picture is a quarter of it. It's such a large project we have had to view it in four match pages and so this first one shows the southern boundary on McMillan Road. As you can see on the south -- the southern portion of the property is located approximately a quarter mile back from Ten Mile. The property along the south is all office uses. Directly above that there is a private road with a turnaround at that location that would stub into the commercial property to the west. There is an apartment unit -- an apartment complex lot that's proposed as 171 apartments, as I noted earlier. As you enter from McMillan there will be a water feature that's located at the entryway. It's a split entryway. On the far right-hand side -- east side of the property is the Moss easement that runs directly north-south to the Moss Meridian City Council Meeling September 24, 2002 Page 28 of 53 property, which is located here. It's essentially an enclave of the county, which is not part of this project. Mr. Moss is here tonight to testify and the applicant will have some information for you concerning the Moss property and some negotiations that have gone on between Mr. Moss and the applicant. The property abuts the apartment complex. It's connected to the apartment complex by a pathway lot that enters into the subdivision. This portion of the subdivision. It has numerous smaller, but deep lots. This subdivision is being approved as a planned development, which means that they can ask for reduced frontages, reduced lot sizes, and the applicant has done so. This is an R-4 proposed zone. In this R-4 they have asked for reduced side setbacks for multiple story buildings. Instead of ten feet, to be allowed to have seven feet for a two story building. They have asked that the minimum lot frontage is 60 feet, rather than 80 feet as required in the R-4 zone. In addition to that, the applicant has requested the 20 percent land use exception to allow for the office uses and/or allow for the apartment uses, in addition to the fire station, the commercial properties up on the north of the project. I 'm going to go forward tot he second match sheet. This is the parcel that shows the large park. This park is a 25 acre park. The applicant has proposed that they dedicate five acres of the lot for free to the City of Meridian. The other acres of the park to be purchased at the developer's cost. The two parcels that we spoke about, the pictures, the Martin property is located here centrally in the park, and the church property is located up in the northwest corner of the park property. Through the Planning and Zoning Commission there was a great deal of discussion as to whether or not there should be a collector street located from Ten Mile into the subdivision. The Planning and Zoning Commission felt that a collector street would not be necessary. However, because this property will receive sewer service from Ten Mile, the sewer service will have to run along the southern portion of the park and that sewer line will be covered by a hard surface pathway, it will be a continuation 0 f the pathway system. That pathway system will continue on from Ten Mile all the way over to Linder through the subdivision. It will be a five foot wide detached sidewalk from this location to here and then from this location to the very central -- to the traffic circle in the middle. It will continue all the way over to Linder Road. One aspect of this site is that there is no school facility within the subdivision. Again, this is an 856 home subdivision, 171 apartments. There will be a lot of children dedicated -- that will be needing to go to the dedicated school someplace in the area. I'm sure the applicant can address the issue that they are dedicating a large park and typically they don't ask for a park and a school from the same developer. Continuing on to the next match sheet. This is the northern portion of the property. You can see the office uses, again, on Chinden Boulevard. An item of note for you is originally when this property was proposed for the commercial development there was another access road to Chinden Boulevard. Idaho Transportation Department said we will only allow one half mile access, so they have eliminated the access here, so there is only access to the major arterial or the state highway at the half mile section, which is located right here. There is some discussion about locating a school in this area. That's reflected in the staff report that if there is a school to be located here, these stub streets would be able to be either eliminated or used to access the school in the future. There is another private road that will be dedicated along the southern portion of the commercial and office lots, the one commercial lot would be this lot up in the northeast corner. This corner piece of Meridian City Council Meeting September 24, 2002 Page 29 of 53 property is not part of the property. However, the private road would stub into this portion of the report and this road located through the subdivision would also access that piece of property, giving it access to public streets. On the west side of -- adjacent to Linder, the property h as proposed a dedicated piece 0 f I and for a fire station, I n talking with Kenny Bowers, of the fire department, it appears that that piece of property is large enough to place a fire station at that location without modification. Through the Planning and Zoning Commission hearing process there was an additional pedestrian access, emergency vehicle access, that was added at this location. And you can see that there is a six acre park located centrally next to the traffic circle. This is the southern -- I guess this would be the southeastern portion of the property. There is a traffic circle. One of the nice aspects of this project is there is three continuous collectors that run through the entire project. Those continuous collectors come together at this traffic circle. It's a one way traffic circle that people can access to travel around. It's like I said, a six acre park with a basketball court and other amenities would be at this location. Another one acre park would be located along the southern boundary of this subdivision. This is a county enclave, not part of the property. They have two collector roads that are actually designated to Linder. There is a collector at this location and the collector designation ends at this location and there is a collector designation, like I said, that terminates at the horse circle, as it's called. It's a big project. There is a lot of homes in here. It's been through three Planning and Zoning hearings, so there is really not a whole lot to report, because most of the items that we requested to be changed have been changed to match with the staff requirements. The staff report has been revised and the recommendation follows suit somewhat directly with what was agreed upon at the Planning and Zoning meetings. However, I have a stack of information here that -- some from Becky Bowcutt, some from Mr. Moss I'd like to address really quick. If I could have you all grab the letter from Becky Bowcutt, Planning Services, September 23rd, 2002. It's her response to the recommendation. I have had the opportunity to review this this afternoon and I agree with the recommendations that Becky has made to change the recommendations and I can go forward just on the first page. It talks about in B, the bolded B, the recommendation to Ada County Highway District, it talks about how Ada County Highway District has allowed for a 38 foot street section dedication of the sidewalk and easement. I received a letter today from Ada County Highway District stating that they are okay with that. So that would be something that I would ask Becky to address to tell us tonight how that would modify their plat, whether it would change the dimensions of the lot enough for her to do that tonight. But I see no reason why that should hold up approval of this project. Item number C from the Meridian -- recommendations from the Meridian Fire Department, I did have a chance to sit down with Kenny prior to this meeting to discuss these issues and he said that he has no problem with item number eight, thatthey allow a 33 foot roadway, rather than a 34 foot roadway with parking on both sides. As you will remember and as Becky points out, the Heritage Commons project was approved with 29 foot street sections with parking on both sides, so I don't see that there is any issue with a 33 foot road section with parking on both sides. Item number 11, the fire department requesting two points of access for more than 30 homes. I had a chance to talk with Kenny about that. He felt that that would be okay to do what Becky has requested with the 100 lots. If I could back up right here. There has been some Meridian City Council Meeting September 24, 2002 Page 30 of 53 discussion -- let me go back to here. This property is being required to provide sewer service from the east -- from the far western portion to the eastern portion of the project. However, the applicant is doing something thafs kind of counter-intuitive, they are phasing from east to west and so they will be providing a 14 foot wide gravel access road over all of their installation, and so there will be a 14 foot wide gravel improved road that will run where ever the sewer runs within the subdivision that would provide access to the fire department. The fire department and Kenny stated that they have no objection to changing item number eleven to be reflective of what Becky has requested. Item number D on -- I guess I got page two of Becky's letter. It's the recommendation of the Meridian Parks and Recreation Department. We received news about our parks director today. He doesn't have an opportunity to -- the parks department hasn't had an opportunity to review what Becky has stated at this location. However, the past discussions with Planning and Zoning Commission discussing -- discussions with the Planning and Zoning staff that the applicant is proposing to dedicate five acres of the property at raw land cost and the remaining acreage at the developer's cost. The numbers that have been placed in here do seem acceptable. There may be some modifications that could be required to this. However, I am not with the Parks Department and I'd ask the applicant to clarify that just to see if she's had any correspondence with anybody from the Parks Department concerning her recommendation. If you can turn with me now to the third page. Staff has no problems with any of the items that Becky has requested. However, item number E, recommendations 0 f t he Meridian P arks and R ec Department, Becky has noted in the final sentence of the recommendation that in parenthesis it shall be based upon 862 single family lots. The actual application has now been modified and should read 856, other than 862. Item number four beneath the preliminary plat comments, same page, under A. Staff has no objections to allowing a five foot non-sight obscuring adjacent to pathways. However, solid fencing is used to more than four feet in height in accordance with the landscape ordinance. Staff has no problem with the modifications that Becky has requested there. Item number seven is an issue that we may run into more and more as we get into the economy of the present. Becky has requested, essentially, that she be allowed to have flexibility in the phasing of her project. We as staff have no concerns with the phasing being modified. However, we would not like to see any open space that is in any of the preceding phases, such as if there is open space proposed in phase three, that that open space not be removed and placed in phase five or six. And if it's promised up front, it should be delivered up front, but as far as modifying the number of housing, staff has no concerns with that. We can make modifications to that and we can make arrangements through the staff for procedures to allow that. Item number eight on the next page. Becky has asked for somt? clarification on language for the requirement of the ten foot asphalt pathway leading to the horse circle. I'm going to direct your attention to the overhead. The property that she's referring to and the item that she's referring to here is the -- the applicant has proposed a ten foot wide asphalt pathway in lieu of providing sidewalks on both sides of the collector that runs from Linder to the horse circle. That would be a continuation of the path system that the City of Meridian has shown in our Comprehensive Plan and the newly adopted parks plan. That pathway would continue through to the horse circle, follow down through the common area to this location. At t his location the pathway Meridian City Council Meeting September 24, 2002 Page 31 of 53 would cross the street -- backwards now. Cross the street at the horse circle and once it reaches this location it would become a five foot wide detached concrete sidewalk, rather than an asphalt sidewalk and the reason for that is it becomes -- it no longer is part of the collector system and would rather have the concrete sidewalk be part of the subdivision, rather than the ten foot wide asphalt pathway. In addition to that, Ada County Highway District would prefer to see that there is an asphalt -- that there is a concrete sidewalk installed at t hat location, rather than a t en foot wide asphalt path. We, as staff, have no concerns with that. The pathway should be noted at this location. There should be some sort of marking saying this is a continuation of the pathway and it should continue on through to the park. So proper notification would be appropriate. In discussions with the applicant in the past all of the crosswalks within this area will be of a stamped concrete type of crosswalk and otherwise colored so that people traveling in vehicles will notice that there is some break there and they should slow down for pedestrians to cross. Hopefully that will offer some clarification to the applicant and for the City Council. Item B, C, D we have no comments concerning those. Item number F on the next page we have no comments. However, once we get to the last recommendation of the dispute with Mrs. Bowcutt, the recommendation of the Meridian Water Department and Becky has asked for some clarification or some language to be included per the timing of the extension of the second water main, can it be determined by the Public Works staff. I have had an opportunity to review this question with Brad Watson and he's here tonight, he can address that issue. I'll turn some time over to him really quick to address that issue before I continue. Watson: Thank you, Dave. Mayor, Members of the Council, I met with the Public Works staff this afternoon to discuss this and I guess I don't have particularly a problem with this wording, but it's very likely that the timing of the Ten Mile water main would be required up front as is planned. Right now they would just run one up Linder Road. With all the pending development going on up there and all the demand that's going to be on that single line, we feel a project this size probably needs second feed just from a demand standpoint, a redundancy standpoint, and because it's already approved, although that may not be an overriding reason. We reviewed a water main going up Ten Mile Road earlier this year and maybe even late last year. It's been through our department, through DEO, and it's approved, all it's waiting for is preliminary plat approval by Council to go to construction. If that line that has already been approved is not the one that they want up front, there is an alternate route from Ten Mile Road along McMillan Road to the southern boundary of the project, up into future phases to their initial phases. The one thing to point out is if there are any plans to develop the park site on Ten Mile Road, I would assume that it needs water service sponer rather than later. And that's all I have. McKinnon: Mr. Mayor, Members of the Council, if I can continue at this point in time, unless you have any questions for Brad. Okay. I will go ahead and continue. I have in front of me a letter from Mr. Moss that was dated -- date stamped today, received September 24th, 2002. You should all have a copy of that. It's a hard copy, it's not on your computer. I had a chance to review this in small part and I believe that it's in the reflection of an item that was discussed at the last Planning and Zoning Commission Meridian City Council Meeting September 24, 2002 Page 32 of 53 meeting and I'd ask your cooperation in locating the preliminary plat recommendation from White Peterson and turning to page six -- actually, page eight of the preliminary plat recommendations. Give you a chance to get to that. At the last Planning and Zoning meeting the applicant, Ms. Bowcutt, presented a letter concerning the Moss property and what concessions the applicant was willing to make for Mr. Moss and his property pertaining to the fact that he will be completely surrounded by this subdivision and because the piece of property, the easement that runs up the backside of the subdivision and asking him to release the easement and if he would release the easement, the applicant would grant him the following -- the following -- following -- I guess they are easements, but the following conditions and they are located on page eight of the preliminary approval -- recommendation for approval and they go down items one, A through H, number two and number three, and Mr. Moss has requested that you review his letter. In lieu of these requirements he's requesting that those be modified per his letter and he's here tonight to testify to that. Originally, before the -- I guess the conditions were made by the applicant, the project did not have a water feature located at this entrance, it was a nonwater feature, and the applicant granted Mr. Moss that these lots that are highlighted, 11 and 12, that number 13 would be an open space and that these two lots, located to the northeast of his property, would be single story homes and that they would make these lots all large lots. The smallest lots that actually abuts up to Mr. Moss's property is 9,475 square foot, which is not necessarily a small lot. And the other lots in that area are around anywhere from 16,000 square feet down to that 9 ,400 square foot range. So t hey are b ig lots that surround Mr. Moss's property. Hopefully you will have the time to review Mr. Moss's request and the applicant will have a chance to look at those as well tonight and we can make some sort of arrangements to modify -- either modify or to improve the language that's in the recommendation. With that I would state the staff strongly supports the approval of this application and would ask if there is any questions. Corrie: Okay. Any questions of staff, I'm sorry. Any questions from staff -- of staff from Council? Bird: I have none. Corrie: Thank you. All right. Thank you very much. The developer first. As I said, I'll give you ten minutes, plus any questions we might have. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Bowcutt: I do. Corrie: Your name and address, please. Bowcutt: Becky Bowcutt, 1100 East Valli-Hi, Eagle. I'm representing the applicant in this matter. As Dave indicated, this is one of the largest -- it is the largest project you guys have ever seen as far as the number of dwelling units. It's coming before you for annexation, rezone, preliminary plat, and Planned Unit Development. This particular property was submitted for application I think a little over a year ago and Mr. Goldsmith Meridian City Council Meeting September 24, 2002 Page 33 of 53 withdrew that application and retained me. We sat down, met with different departments at the City of Meridian, kind of regrouped and redesigned the project. We incorporated comments from, obviously, the Parks Department, Planning Department, also Public Works, ACHD, and some of the North Meridian concepts that were evolving at the time. We have been working on this for about a year now come next month and we are quite proud of the result. What you see here is a mixture of multiple uses. We have office uses along McMillan corridor with a continuous collector roadway coming up. This is the half mile, which meets with a lot of the suggestions in the North Meridian plan. This intersection here at Chinden Boulevard is a collector. It's also at the half mile. And then we also have this third leg of the collector coming in off of Linder Road at approximately the half mile. Over here to the east will be the future high school, so hopefully they can line up with that intersection, so we have the possibility of signalization. And that's what wee reated. With the three leg collector concept we have terminating in this large collector or rotary here, it captures about ten percent of the traffic, according to ACHD and other traffic engineers. That would take in consideration like the office uses, the commercial uses, and so forth. In the center of this rotary is about 1.8 acres, so it's real large. It will have like a water feature, landscaping, be very attractive. It's a passive type amenity, not an active amenity. In this center core area we have roughly about 11.8 acres of open space and this private park here has six acres. We will be utilizing some of these areas for storm drainage, but we have allocated a lot of open space, so we have made sure that esthetically they are going to look good, they will be dual function, but yet they will meet the criteria under your landscape ordinance and your Planning Department and Public Works will review them. We have roughly around 30 acres of open space in this project and that's excluding this park area. Here we have 25.5 acres. This is designated as a community park on your parks plan. Your parks plan talks about 25 to 30 acres as the target for the community parks and asks that it have frontage along either an arterial or a collector, that it has at least two sides open to a public roadway. Ten Mile Road is a collector. We have got roughly a little bit less. This is a couple hundred feet here, a couple hundred feet located here. A long t he eastern boundary this is a single loaded local street with homes that would front here. T his would allow us to have some type of parallel parking for the park. You can even come in with a parking area. Mr. Goldsmith had his landscape architect come up with just this pseudo concept, it does not reflect any input from your Parks Department as far as how it's situated, but it does reflect like the standards say like Boise Parks Department uses for the number of parking spaces needed for the numbers -- based on the number of fields and so forth. This would be an excellent area for like the handicapped, the elderly, to be able to park and come to one of the rear diamonds in the park to watch their grandkids play or whatever. We have got an access drive, you can come in with some parking, tennis courts, but we think that we have got a nice predominately rectangular, usable park area that we will provide a void out in this North Meridian area. We are the only project that I'm aware of that has made this commitment to providing a park within their project. As David indicated, we will be donating five acres of the property. The raw land cost was around 30,000 dollars, so that's 150,000 dollars worth of property. The remaining acreage we have asked for future park impact fee reimbursement on that in a zone -- designated zone area. We have a mixture of lot uses, this being office along the arterials, transitioning to Meridian City Council Meeting September 24. 2002 Page 34 of 53 multi-family. This is only conceptual approval for that. It would have to come back as site specific conditional use for any uses other than the single family residential. So it will come back before your staff and this body and Public Hearing. We have 60 foot lots coming here and as we move northward those lots increase to 70 in width, 80, and then 90. We have 110 by 150 in depth. We have done the same thing out on the Chinden corridor. We have these office lots here and then one commercial lot intersecting public and private with this not a part parcel here. These lots are smaller 60s transition to the 70s, 80s, and over here we have 70s and 80s. We have a real nice mix. I'll go ahead and move real quickly to our Powerpoint presentation. We put this together to kind of give you an idea of what this project will provide. One of the questions that I think everyone asks on these larger projects is what will this project provide the community as a whole and the City of Meridian. So what we have done is we have calculated, based on the impact fees at the time, how much monies would be contributed to ACHD. As you can see there, those are the impact fees that would be paid by the builders and taxes generated by those property owners that will be going to Ada County Highway District, $1,648,000, approximately. Here you will see the sewer and water location right now is just south of McMillan Road on Ten Mile. This project will require the applicant to go down and pick up that sewer about 400 feet south of McMillan Road, extend it north to the half mile, and water, and extend it eastward into the project. The dollars generated by the builders for hook-up fees will generate about 1.8 million dollars in sewer hook-up fees for the city. Capacity does exist, since you guys have spent considerable amount of money upgrading your plant. There will be about $844,000 in water hook-up fees. We would be extending 12 inch mains through the project in the collectors. That has been one of the requests of your staff. Based on your general city fund, the tax revenue at build out would be about 1.1 million dollars for police and fire protection and other essential city services. For the city -- the park, the project will generate about $526,000 in future park impact fees and that's based on the existing park impact fee, not on the future fee that you guys have been considering. We evaluated -- one of the questions that arose was how are we going to pay for these parks, how are we going to afford to improve these parks. As you can see, based on a 15,912 dwelling units that are anticipated in this ten square mile area, about 80 acres of city park land is going to be required for acquisition to service this area. We utilized the 529 dollar impact, calculated that based on the number of estimated dwellings out in that area and as you can see, it generates about 8.4 million dollars, with leaving a little bit of excess, about 400,000 dollars above and beyond what it costs to develop and purchase the land. If we go down to the next section, that figure is based on if you raise those park impact fees up to 729, which has been the suggested number, factor in an increase in park development to 80,000 per acre, plus 30,000 per acr~ for a park acquisition, as you can see your excess impact fee is about 2.7 million dollars. Oh, crud. That gives you just basically a breakdown of what we are providing. The applicant has purchased the property that the park will be sitting on, so he does own it in fee simple. This is the area that we requested be the reimbursement zone. We did go before your parks commission, we agreed on everything but this issue, and the parks commission determination was that this project would only be eligible for future impact fee reimbursement from the dollars generated within the project only, even though it serves the c ommu nity beyond that. Y ou want to switch tot hat annual tax revenue? Meridian City Council Meeting September 24, 2002 Page 35 of 53 There we go. There we go. If we start looking at the annual tax revenue generated by the project, it's about 5.4 million dollars and that breaks down by each tax category. If we switch to the next one, those are the fees that will be paid by the builders. Those are like your building permit, hook-up fees, et cetera, and impact fees. So about 5.8 million dollars would be generated to the project as a whole. That's the entry amenity waterfall that we would be constructing along the Chinden and Linder corridor. That gives you the six acre neighborhood park. As far as our amenities, we will be providing a gazebo, a picnic gazebo in our park, some type of a fountain feature in the rotary and three playgrounds and these would be like your more commercial park-like playground facilities. They cost between 20 and 25 thousand dollars for the large one. The two smaller ones, one in the north, one in the south, cost around 12 to 15 thousand dollars. We will have detached sidewalks with trees along that corridor, creating a parkway. Is that it? McKinnon: It's thinking. Bowcutt: Oh, it's thinking. McKinnon: It's not thinking very fast. Bowcutt: One thing I would like to mention for the record, when we were designing this project we came up with our amenities to meet the requirements of the PUD ordinance. We would, however, like to have some latitude to expand those amenities if we work with the staff, like upgrade t he amenities r not decrease the a men ities. So say if w e wanted to add like a clubhouse or a swimming pool, we would like to have the ability or the latitude to work with staff. Obviously, we go back to ACHD, make sure that they would approve any access if a parking lot was involved with that and then go with your staff as far as siting. A lot of the projects now are looking at upgrading. We have got a good project, a good mix, we've worked really hard to get where we are with this project. We have done -- we did a neighborhood meeting, I have met with Mr. Moss multiple times, and we have tried to work out all of the issues that we have had in the past and this is probably one of the best projects that I think has come before this Council as far as diversity and the amenities that are being provided. Do you have any questions? Sorry. Bird: I have none. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Becky, I know -- I remember David saying and I remember the school district previously saying they don't like to I guess double dip from developers when they are offering park sites and school sites, but this is somewhat extraordinary for Meridian, the size, the number of people, and I guess I hear a whole -- I hear a whole bunch from people a bout approving these things without school access and I recognize the high Meridian City Council Meeting September 24, 2002 Page 36 of 53 school is a cross the street 0 none side, but has there been a ny discussion with the school district of where elementary schools are going to be located. I'm going to guess a lot of children are going to be generated in this development here to have that school access to. Bowcutt: Mr. Mayor, Councilmen Nary, that's a very good question. When we were designing this project, the Parks Department has this area asterisked as -- or designated as a community park. The asterisk sat kind of in this vicinity right here. At that time Mr. Kuntz and Mr. Bigham had had conversations that they would not go after the same project to try to get either an elementary and a large park site, because they felt that the impact on that development would be too great. So they kind of had just a verbal agreement that if a park was in one project, then they would look elsewhere for the school site or vice-versa. The best location for an elementary would be right here. With this collector roadway being constructed, they would have access to that, access to utilities. The stub street could either be moved, eliminated, ped path put in there, whatever they needed. So that's probably the best location. I tried to talk to the Parks Department and the school district about like some joint sites where it was a park combo elementary. I did that -- I did a project called Edgeview Estates with the Meridian School District and Boise Parks Department, it was mid '90s, worked out real well, very successful. But that was a neighborhood park and not a community park and one of the requirements of the school district was that there be no restrooms installed. Well, since this will obviously have ball diamonds and soccer fields, you're going to have to have restroom facilities, so I can't see that it would meet the school district criteria to - - next to restrooms. There are -- there is the Hobbs property. There is another large parcel here. There is an 80 acre parcel here. And another 80 acre parcel here. So we do have some options for trying to site an elementary, but it's -- they are limited, obviously, as you can tell by the map. It's just too hard -- you can't take 25 and a half acres out of a site and then another 12 or 13. Do you have any other questions? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Without -- without the open space or park that the city would purchase or reimburse impact fees or what have you, how much open space do you have? Are you counting the five acres donated as part of your open space? Bowcutt: No. De Weerd: Okay. And without the park, then, how much open space do you have? Bowcutt: Thirty -- just a little bit over 30 acres. It's like 3D, 31 acres, I think. De Weerd: Okay. Usable open space for the open space requirement? Meridian City Council Meeting September 24, 2002 Page 37 of 53 Bowcutt: That would be total open space, excluding -- excluding any of the park, within the development that includes the collector buffers, the arterial buffers. As far as eligible open space, I did a calculation for your staff in my application. We have got -- I have got it listed. We have just a little bit shy of ten percent open space, so that's why we have multiple amenities to meet the PUD requirements. When I -- we have 10.5 acres of arterial and collector landscaping, which is required, so it's not considered eligible for five percent calculation. Our eligible open space is about 20 acres or 6.6 percent of the site. And the eligible open space into the five percent has to be usable open space. So I can't -- I can't include any of this open space along the arterials or lining these collectors or the arterial here or here. De Weerd: Right. So your eligible open space was how much? Bowcutt: About 20 acres. De Weerd: And just another question. Did you get a copy of Mr. Moss's request? Bowcutt: Yes. De Weerd: Would you -- do you want Mr. Moss to testify first or-- Bowcutt: That would be fine. De Weerd: Okay. I have nothing further. Corrie: Anything else? Okay. Thank you, Becky. I believe we have Tony Moss signed up to testify. Tony. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Moss: Yes. Tony Moss, 2400 West McMillan. I'm the infamous Moss property that has been spoken about in the P&Z meetings and also the Council meetings in the past. A big development and since the line is not all the way out the door with people to testify against it, I am basically the only person involved directly with this development and a development of this size. I don't think I'm going to put much pressure on the Council to cancel it or change it too much, so I'm really going to work off of what the developer gave me at the last meeting -- when I was testifying I got this information, so I didn't really have a chance to comment on it at that point in time and also there is some things on here that aren't correct, but I'm going to just basically give you my int~rpretation of what this means and this was a letter that was given to the P&Z before the last meeting. I don't know if you all have copies of this or not, but I'm sure the staff does over there. I'll start to go down the list here and kind of give you my interpretation of what this means. The first one is move a park lot to the east side of the Moss parcel. Well, I interpret that as lots -- the developer agrees to leave lots 13 and 14, which is the east side of my parcel, adjacent to -- for a small open park. That's the way I interpret it. I have no communication with the developer since the last P&Z meeting when it was set over to City Council, so this is really how I see it. It's agreed to three single story lots on Meridian City Council Meeting September 24, 2002 Page 38 of 53 the east side of the Moss parcel to retain his view. One of the three will be an open lot. I interpret that as providing two large lots to be specified exactly on both sides -- on both the north and south boundaries of the Moss parcel no more than two large homes to be built on this site. That's my interpretation of large lots. Since I don't have any more information from the developer, this is what I came up with. Provide large lots on the north and south of the Moss parcel, that's kind of an interpretation of the first one, but I'll continue on. It says designate a common area -- or yeah. It says provide a common area on the west as agreed to retain Mr. Moss's plum trees and this one says on the east side if possible. I interpret that as designate a common area on the Moss parcel, west property line, agree to maintain the plum trees, grass, and landscaping -- they aren't my plum trees anyway, they belong to Mr. Gibson. They just happen to be next to my fence line. Agree to pipe any irrigation ditches continuous with Lochsa property is the last statement. I interpret that as agree to -- let's see. All irrigation ditches that will be piped continue to Lochsa Falls property, including removing and paving the ditch to the east side of the Moss parcel, which is a cement ditch that travels along the east side of my property line for irrigation purposes for the Gibson turf farm, of which they have a pipe in it and we have given them an easement to be able to pump water from that side of the turf farm to the other side of the turf farm along our property at road line. And I will continue on. The cement ditch on the east side of the Moss parcel is a ditch that Gibson is currently using across our property line to water the nursery stock, which is located on the west side of our property. The cement ditch needs to be either removed or filled or paved and incorporated into existing driveway. Well, when it says agree to pipe any irrigation ditches continuous along Lochsa property, thatrs how I interpret that. Ms. Bowcutt just recently mentioned the water features in the development, of which she said this is a picture of the one on Chinden and the one on Linder. Well -- and what I have got h ere is a gree to construct a water feature at McMillan Road entryway. I guess that means that that's not going to be the same kind of water feature as the other entrances to the piece of property, which is counterproductive to my property value, so I interpret that as constructing a water feature equal or greater -- or greater than all other water features in the Lochsa property development. Have to hurry here. I guess the last I have -- I will finish up with this one. Agree to Lot 1, Block 2, to Mr. Moss to obtain driveway across the lot if Mr. Moss relinquishes his easement. That is incorporated in number six that I just mentioned as far as the paving of the area across to the north -- yeah, to the north boundary of Lot 10 on the Lochsa development and also re-installing all utilities on the edge of the south side of the parcel up to the edge of the south side of the parcel, that would be water and sewer and everything else. The fencing north, south, east, and west will be wrought iron fencing, stained wood. There is a picture on page 20 in the Lochsa Falls brochure. And maintained by the -- and maint.ained by the association. What J got last time was agree to coordinate boundary fencing with Mr. Moss consistent with the Lochsa Subdivision. Those are the things that I think are -- and the way I interpret the developer's statements to me and I wouldn't want to see it any other way, because -- I'm not trying to be selfish here, but I'm really the only one out there and I just -- I'm amazed at the size of this development, I'm amazed at the lack of roads and the lack of things that are not provided out there at this point in time. McMillan, Linder and Ten Mile two lane roads. Unbelievable traffic. Everything backed up on the freeway. They want the easement, which is what I interpret their direction Meridian City Council Meeting September 24, 2002 Page 39 of 53 was, having no communication with them since the last P&Z meeting. That's all I got. Any questions? Corrie: A nyone else like to issue testimony in this Public Hearing? 0 kayo Hearing none, Becky, rebuttal? Or not necessarily rebuttal, answering his questions, too. Bowcutt: As Mr. Moss indicated, this project does wrap all the way around his property. We have from the very beginning been very concerned 0 n how -- the impact of this development on his parcel and how to mitigate that impact. Right now Mr. Moss currently has an access easement across this property. This is an 80 acre parcel owned by the Gibsons. The easement comes up and then it -- his home is oriented facing east. What we have suggested - - a nd I had this same scenario happen in a project called the Legends in Boise, with the exception that that property owner owned the 25 feet. We try to eliminate those types of flag driveways, if at all possible, to try to give interior access to those properties. So what we have offered Mr. Moss to, one, try to mitigate and, two, make -- obviously, make his property part of this development as far as access is concerned, is we would -- if he would basically vacate or relinquish his right to that easement, then we would deed this separate lot off this public street, pave the driveway a cross t hat lot to intersect with h is existing paved driveway. S 0 i n the future when this cul-d-sac was constructed, then he takes a ccess here. One 0 f the things he wanted was some type of open space to the east. His view corridor is in a northeasterly direction of the Boise front, so we blew this lot out here and then what we did, what P&Z asked us to do, is see if we could find a lot and some open space over here and then make this open space to buffer Mr. Moss and that's what we did. So did not lose a lot, we moved that buildable lot to that location. We also said that this lot and this lot would be single story, obviously, to help preserve Mr. Moss's view. When we designed this we wanted to make sure that we provided larger lots adjoining him and so we came in -- this particular lot depth here is 161 feet and then it decreases to about 125. So the north of him, these lots range from 12,000 up to 15 and a half thousand square feet. This dimension is 165. I made this lot 100, 90, 94, 90, and this is 86, 85, 85, and 85, and these range from 9,400 up to 16,800. So I tried to do the best I could to make these as deep and as wide as possible without them being unlike the other lots that are adjoining them. Mr. Moss has some plum trees that are mature along his western boundary. He believes that those are just off his boundary or very close to the boundary, so we stated that we would preserve those trees and I have got a 20 foot landscape lot between the collector roadway and his parcel boundary and so we would locate those trees in that 20 foot, so he would -- he would have those retained mature treesasa buffer to the west. We also stated thatwe would providese,werservice, which would be required by your public works, sewer and water hook up for his property. Any ditches that adjoin him 0 r -- when I say contiguous to him, would be along his boundary, being shared by either this property or our property. Obviously, under your ordinance we are required to pipe. He wanted a water feature at this McMillan entrance. We got the Gibsons and their representative to agree to a water feature. Why I did not list that as being -- this water feature here being representative of what would be constructed here is because I do not know what will be constructed there, but it will have to be some type of a waterfall type feature. Mr. Gibson owns the Meridian City Council Meeting September 24, 2002 Page 40 of 53 80 acres. They agreed to include that 80 acres in this project -- one, it made this whole project contiguous to the city limits; two, it made for a better project, because we could go in and design the collector roadways coming into McMillan and just do some master planning. So I think what Mr. Moss wants to make sure is that he has a decent water feature at that entrance. As far as fencing, I showed Mr. Moss some pictures, like wrought iron with wood posts. He did not want to be boxed in with solid fencing all the way around him, so that he's just like a little enclave. He wants something more open like the wrought iron. We agreed to that. That's fine. So we have tried our best to, you know, try to find some middle ground with Mr. Moss. I think I have met with him at his house a couple times, his office, and we met out here before the hearing, so I know we have had at least four or five different discussions. I think we are about as close as we can get. Do you have any questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: So, Becky, what on this -- on this one that we have before us is September 24th. Bowcutt: Yes, sir. Nary: [don't know if it's different than the one you're holding or not. Bowcutt: Yes, it is. Yes. Nary: Okay. So on this one are there things you disagree with? Bowcutt: Yes. Nary: Okay. And I guess I'm not sure which ones those are, then. Bowcutt: Okay. On item one, we agreed to leave Lot 13 as an open space lot. That's the lot to the east of Mr. Moss. He's asking for Lot 13 -- in addition to Lot 13, he's asking for Lot 14 right here to also be an open space lot, which we disagree with. Item two we disagree with. He's asking that there be no more than two lots north of him and two lots south of him, which would mean elimination of two of these lots, two of these lots, and have some excessively large lots on his north and south boundary, which we disagree with. He asked that we designate the common area, maintain.. those plum trees, item three. We agree. Item four. He just kind of went into some detail. I think item four we are in agreement. Any ditch that's on his boundary that adjoins any of the parcels that are part of this development we will have to pipe the ditch. So [ think we are in agreement. I just -- I don't agree with the language that he has, because ['m not sure if some of those ditches are solely on his -- there is a couple ditches I know that they are inset into his property. As far as the water feature, we agreed to the water feature. That's one of the amenities that's part of the PUD. Equal or greater than, I think that's excessive. I don't think he can put a dollar amount. I think it's going to be Meridian City Council Meeting September 24, 2002 Page 41 of 53 up to the staff. They are, obviously, going to be looking for a water feature. They have got to market this 80 acres with this concept. They are going to have to come up with something. They can't put a 20 dollar, you know, water fountain there or something. It's just not going to happen and that's not what we are going on the record and stating as part of this package. Item six, as far as deeding that lot, we have agreed that if he would relinquish his right to his easement, that would be deeded and we would pave in and intersect that pavement with his existing pavement. He's asking that we go repave his existing driveway, which was not part of what we were offering originally. He's asked that we reinstall h is mailbox, take it from McMillan a nd move it northward. A standard mailbox -- but I can't remember if his has brick -- if it's one of those expensive, fancy, masonry ones or not. A standard mailbox, I don't think that's problematic. We, obviously, can accommodate a long the sidewalk for some type of a mailbox cluster. Fencing --- so we are in agreement on eight, utilities be stubbed. Nine, the fencing to be wrought iron stained wood posts. We are in agreement with that. Item ten, eleven, and twelve would be single level. So we are -- you know, on part of these I think we are in agreement. It's just on some of the details we disagree. Nary: Thank you. Corrie: Okay. Any questions while we have the Public Hearing -- Bird: I have none. Corrie: We have shaking of heads, so I'll entertain a motion at this point, then, to close the Public Hearing on items, Items 9, 10, and 11. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I still have a question for staff. Corrie: Okay. De Weerd: I'm getting back to the eligible open space requirement. How far off are they? McKinnon: Councilwoman De Weerd, Mayor and Council, they actual.ly meet the requirements for the open space. For a subdivision they are required to have five percent in the subdivision they have proposed. In the planned development ordinance requirement for amenities, they can use ten percent open space as one of their amenities. However, the applicant has proposed a park, there is a traffic circle, numerous other park-type amenities, the playground equipment, and the pathway to satisfy the needs of the planned development for the two amenities. So they do meet the five percent requirement for a subdivision. And one special case to point out, the 170 unit apartment complex will be required to provide ten percent open space within Meridian City Council Meeling September 24, 2002 Page 42 of 53 that complex, as well as there is going to be additional open space that Becky and Justin haven't actually included in their open space requirements and that's an ordinance requirement for all multiple family uses, so that that parcel down there won't provided additional open space, so they do meet the requirements of the five percent open space. However, they don't meet the requirement for the ten percent open space that would be used for a PUD, but they have provided additional other amenities that would agree with the code -- De Weerd: Okay. McKinnon: -- as amenities. But they do have approximately 20 acres that they can call -- you asked Becky a question earlier tonight, how much of this is usable. And there are portions of it that aren't usable and Becky alluded to that with the traffic circle, there is 1.8 acres right there that they can't really use, other than to look at. So that wouldn't be usable acres, but they have the park, plus the two pocket parks that would have the playground equipment, plus the large six acre park in the middle. De Weerd: Okay. Mr. Mayor, I also have a question for the attorney. In the presentation they do suggest once the impact fee is amended. The impact fees collected, is that based on the current impact fee or the impact fee at the time the subdivision was approved? Nichols: Mr. Mayor, Members of the Council, I'm not -- I think what we are looking at for reimbursement is their acquisition cost for the acreage, so that if those park impact fees are adjusted upwards, if I recall the presentation, it had no interest, it had -- so, essentially, it would be a reimbursement of the cost to the developer. So whatever zone, if you adopt a zone for those -- for this particular park, then once you get up to the point that t hey a re r eimbu rsed, then that takes care 0 fit, a s I understand the way it would work. De Weerd: I guess my question is -- I don't know if the park impact fee that would be collected in a subdivision, once approved, can be adjusted as a park impact fee is adjusted. If it's approved at 529 for every lot in that subdivision, would it be 529 when the city has adjusted it or not? Nichols: Mr. Mayor, Members of the Council, I think that you have to look at the park impact fee at the time the building permit is pulled. De Weerd: Okay. That was my question. Nichols: So -- J mean if that's -- De Weerd: Okay. Nary: Mr. Mayor? Meridian City Council Meeting September 24, 2002 Page 43 of 53 Corrie: Mr. Nary. Nary: This is a request, this reimbursement zone, Mr. Nichols, and what they requested is essentially expanding the area of reimbursement, is what I have perceive that to be and is that different than what was done with Bear Creek Park? Was that just the impact fees from just the development goes to pay -- to reimburse the developer for those -- for that cost? Nichols: Mr. Mayor, Members of the Council, as I understand it, Bear Creek used impact fees which were collected essentially city wide. At this point the city does not have zones with regard to its park impact fees. It has been a discussion item, in particular with the north Meridian area. As to the extent that there is a -- that they create a need for community parks in their area and they build subdivisions, they like to see some -- you know, rather than their park impact fees going south of the freeway, for example, and that's an issue that Council is going to have to look at in connection with the park impact fees and whether you create zones. Mr. Kuntz -- and I think this may have been -- I don't know how Boise city does it, but his preference was to not have zones, because then you could have -- you could have development in one area, you have funds there to develop something in that area, but maybe you have need in another area and you couldn't move the money around to help do it. You couldn't loan from one zone to the other and it would create kind of a financial nightmare. There is probably some -- there might be somewhere in the middle where you have zones that are so large, you know, north of the freeway, south of the freeway, north of Franklin, south of Franklin, or something where you might be able to achieve some of the things that the development community is looking for and still be able to do what you need to do as a city. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess to answer Mr. Nary's question, additionally, is Bear Creek agreed to -- the land was -- included sprinklers, drains, and a parking lot in exchange for impact fees and then the rest was a donation, so -- and that was just only per the park impact fees collected in that specific subdivision. Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: A question. We are only looking at reimbursing of the cost of the land and not the cost to be developed; is that correct? McKinnon: That's correct. De Weerd: Okay. I just wanted to be clear on that. Bird: Mr. Mayor? Meridian City Council Meeting September 24, 2002 Page 44 of 53 Corrie: Mr. Bird. Bird: And as I understand, we will put a -- they are donating five acres and we will then put a value on the other 20 acres that we are buying and then when the impact fees come up to that, then the impact fees are coming into us for development. Corrie: That was 30,000 an acre. Bird: I believe that -- I'm not sure that Mr. Ward -- or Mr. Goldsmith or Becky had an exact figure, but it was around 30,000, I believe. Was not to exceed 30,000. Corrie: Kenny. McKinnon: Councilwoman de Weerd, Mayor, Members of the Council, just a couple of issues that you brought up that I want to comment on concerning the land out at Bear Creek. The land at Bear Creek and the raw value of the land at Bear Creek was somewhat less than what the land value is out here, because the land in Bear Creek was actually not sewerable and so the land valuable was actually lower, they were actually getting -- you were actually getting more park for less money because of the value of the land. So that's something that should be brought up. This land is sewerable, it has development potential and so it's actually more valuable land that we are getting. Corrie: Kenny. Bowers: Mayor Corrie and City Council Members, I would like to give just a little bit more information on the property that has been donated for the fire station lot. We have worked with Becky on this several times, to my knowledge. Deputy Chief Silva has. As we have found out with the property on Locust Grove now, with the new city landscaping ordinance it takes quite a bit of that property away. Also, with Ada County Highway District going to widen that road, will take quite a bit of our frontage off. So what I'm saying is I -- maybe, possibly, we could work with Becky, if this property isn't going to be quite big enough, we have got ZGA at this time setting some different station plans on this property to see how it will come out, so I just wanted to let you be aware of that at this time. It's 1.4 acres, I believe, and I'm not sure how much all the landscaping and the highway district will take out, so -- Corrie: Thank you. Mrs. de Weerd. De Weerd: David, with the donated lot where it is, I would imagine that the ACHD requirements are probably already taken out before the 1.4 calculation? McKinnon: That's correct, Tammy. Meridian City Council Meeting September 24, 2002 Page 45 of 53 De Weerd: What would be buffering requirements, because it's platted and people know what they are meeting up against? Is it somewhat different because it's all platted and zoned or would they still have the 20 foot buffer and that sort of thing? McKinnon: I believe that that's a minor arterial at that location and if I had a copy of the Comp Plan I could see if that was actually an entryway corridor, which would require 35 feet. I believe the entryway corridor goes a quarter mile down to place it essentially right at that location. This is a planned developmental, they have asked for the setback they have got. And through the planned development you can ask for reduced buffers. And if you'd like, we could go with the reduced buffer at that location. Will just handed me a Comp Plan, so I don]t have to grab mine out of my book. The new Comprehensive Plan shows that area as an entryway corridor, which would require a 35 foot landscape buffer in that location. However, because this is a planned development, if the Council wishes, they could reduce the landscaping requirements in that location. This project was actually begun prior to the adoption of the new Comprehensive Plan. So that issue wasn't addressed as much, because the new Comp Plan wasn't in effect at the time of application. So it does show this as an entryway corridor with a 35 foot required landscape buffer. T he applicant h as shown on their site plan -- open it up really quick. They show a 30 foot buffer at that location right now and 30 foot buffer does not include the area that's included. as part of the landscape -- as a part of Meridian fire station lot, so they have got essentially 1.4 acres with the landscaping already provided on that. I have met with the ZGA architect that's working on the Linder project and one of the problems they are having is being able to bring the trucks in, circling around and entering the rear of the building, so that the fire engines are heading directly out onto the arterial and they need a wide area to turn and according to our landscape ordinance, a fire station adjacent to a residential subdivision requires a 20 foot landscape buffer separation, which is a large landscape buffer and that can be reduced somewhat by the depth of the lot administratively at staff level, but reducing it by more than ten percent of the depth of the lot would require a variance, which would require approval by you. However, I think right now would probably be the best time to address this. They have shown a 30 foot buffer out there, which seems adequate to me as staff. The depth of t hat lot maybe something t hat Kenny needs tow ork 0 ut with Becky and one of the ways, maybe, that we could handle that would be the final plat process, if there were modifications to the depths of those lots at that location, that would not be considered a significant change and that it could be approved -- not necessarily approved at a staff level, but not be required to go back to the Planning and Zoning Commission for additional -- additional approval of the plat if those lot depths change. De Weerd: Now do ] understand from your comments that the subdivision will do that buffer area? McKinnon: The subdivision shows the 30 foot landscape buffer in that area. Have to break out the landscape plan for that to show if -- Becky, do you know off the top of your head? Becky? Becky is actually able to address that. Meridian City Council Meeting September 24, 2002 Page 46 of 53 De Weerd: The Public Hearing was closed. Bird: No. It's open. McKinnon: It's still open. De Weerd: I'm sorry. Bowcutt: Mr. Mayor, Council Member De Weerd, the applicant has indicated that we will work with the fire department if they need a little more depth in order to make that work. I think we sized it at 250 by 250, which was the criteria they gave us. We have already taken off for future right of way, we have already showed a 30 foot landscape buffer in front of it. The applicant said they would be glad to build that 30 foot landscape buffer along that frontage, as long as they knew where they wanted those approaches to be for the fire station and we did locate this fire station at a location where we did not think they would have a conflict with approaches across the roadway and that is a donated site also. De Weerd: Okay. So would you be willing to work with the fire department to make whatever necessary adjustments? Bowcutt: Yes. We have got some additional lot depth there that we could allocate to that to make it a little deeper or wider or whatever they need. De Weerd: Thank you. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Becky, I also notice there was a recommended denial from the police department in the packet and I didn't know if you had any further discussion with them. This was June when this was prepared. Bowcutt: I think -- wasn't that prior to your budget hearing when you allocated some additional monies to the department? At that time we were seeing that type of response on almost all the projects that were being submitted, because I think they were looking for Council's support, trying to make a point that they needed some funding,. Nary: And I would agree. I just wondered if you contacted them? Bowcutt: Yes, I -- no, sir, I did not go to speak with them concerning that. They just had concerns about the size of their department. Corrie: Council, any other questions? Meridian City Council Meeting September 24, 2002 Page 47 of 53 Bird: I have none. Corrie: No other questions from Council, I will entertain a motion to close the Public Hearing. Nary: So moved. Bird: Mr. Mayor? Corrie: Okay. Well, I don't want to -- if Council doesn't have any objection. Moss: I apologize. I just had one more thing to say. Corrie: Okay. Moss: And that is that it seems to me that the developers and the city work together very well and the developers in this city get just about everything they want and that's kind of my little city out there and if I ever decided to sell that piece of property, as was mentioned in this meeting earlier, things change. Real estate agents say different things, all the complexities have changed, and this being a ways out, if I decide to sell this piece of property in the next four or five years, I'd like to be able to hand somebody a document that says this is what's going to happen, this is what they are going to do, this is what the City Council and the developer decided on. That's alii have. Corrie: Thank you. Okay. Any other questions from Council? Bird: I have none. Corrie: All right. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move we close the Public Hearing for the request for annexation and zoning of 354.38 acres from RUT to R-4 zones for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson, south of West Chinden Boulevard and west of North Linder Road. McCandless: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on AZ 02-010, Lochsa Falls Subdivision, annexation and zoning. Any further discussion? Hearing none, all those in favor say aye. Okay. The Public Hearing is closed on AZ 02-010. Meridian City Council Meeting September 24, 2002 Page 48 of 53 MOTION CARRIED: ALL AYES. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we close the Public Hearing for PP 02-009, request for preliminary plat approval of 856 building lots and 59 other lost on 354.38 acres in a proposed R-4 zone for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson, south of West Chinden Boulevard and west of North Linder Road. McCandless: Second. Corrie: Okay, Motion has been made and seconded to close the Public Hearing on request for preliminary plat PP 02-009. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Mr. Bird. Bird: Mr. Mayor, I move that we close the Public Hearing for CUP 02-012, request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest, LLC, and Daniel Gibson, south of West Chinden Boulevard and west of North Linder Road. McCandless: Second. Corrie: Okay. Motion has been made and seconded to close the Public Hearing on the request for Conditional Use Permit 02-012. Any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: I believe we will take them one at a time. The request for annexation and zoning. Comments? Discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: You know, this is a great development and I think the Planning and Zoning Commission has resolved a lot of the issues. I don't think that making a separate document for Mr. Moss, if he chooses to sell his property, is a big issue. Some of the other items have been resolved. I guess I question why on earth we went through this Meridian City Council Meeting September 24, 2002 Page 49 of 53 North Meridian Planning Area if the area is all planned before we ever see a plan. That's my primary concern when we entered into the -- the process with the development community and Mr. Wardle. There were some extremely important issues in front of the city, as they continue to be, that this plan was the answer. This development fits everything that that planning effort is being directed to, but I still question why are we doing the North Meridian Plan if we continue to approve subdivision after subdivision and before we even see that plan it's all going to be zoned and annexed and whatever recommendations will come out of it, really is all speculation at this point, but I do think that this development, as proposed, is conforming to everything we wanted. So I'm really at odds within myself, just because I do believe that it conforms to everything we wanted to accomplish. They have the open space, they have great amenities, they have mixed use, they have a fire station identified, it resolves -- and the presentation showed how the impact will be mitigated with tax collection, impact fees, and we can put, of course, the same requirements that whatever ACHD comes up with from the North Meridian Planning effort can be adhered to by the subdivision, I just still question how we can continue forward with these subdivisions when that plan is not complete. I don't mean to say that to sit on the fence, because I would like to approve this, but it does provide a little conflict. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: And I guess I'm sort of in the same quandary as well. And I agree with Council Member de Weerd, I think this is a very good project and I appreciate the efforts that have been made by the developer in trying to mitigate the impact of this development that would be of any concern to anybody and the green space I think is a terrific addition to the city. I am concerned about the north Meridian area and I'm also concerned about schools and I hear -- and, again, the school isn't here and that's their choice and there is an informal agreement between the city and the school district as to who gets there first gets the piece of the pie and I guess I'm just bothered that -- that we have a policy in place and a practice in place that we are going to build something that's going to add two or three thousand residents to the city and I don't know where the elementary school is at all. I don't know have a clue where it's going to be. The school district isn't here to answer that, because they have opted not to fight us over the same area of ground and I think the policy has some sense to it, but when you're talking about 800 homes, it doesn't compute, it just doesn't -- it doesn't work for me to say the elementary school might be three miles away from this, for all we know, and that concerns me. But, again, I don't want to fault Lochsa Falls, they put in a great effort here and it's not their fault that the city and the school district have come up with this agreement. So I'm not-- I guess I'm torn as well, because I think it's a good development and I think this is certainly much more positive than anything that detracts f rom it, but it concerns me, because I have people telling me all the time why do we approve these things when there is no schools anywhere near it and there is no property taken into account for that. So I guess I'm torn. Meridian City Council Meeting September 24,2002 Page 50 of 53 Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: A couple items. I think that this plan is -- what they have shown here conforms very well with the north Meridian plan. I think that it would come in as this development shows here. Mr. Nary is concerned about schools. I am, too. Very much so. The school would be here if they didn't have some ground located out there. The biggest problem, as I see, they worry about the City of Meridian worrying about development for the schools, but I think about 29 percent of the students are within the City of Meridian. Boise, Star, Eagle contribute a lot more students to the school district than Meridian -- than Meridian does. So I, for one, think this is a nice jump start in the north Meridian area. All the planning and stuff that I have seen in North Meridian's Plan, the unit is that, I, for one, don't think that within a year it's going to develop and we are going to have all 800 and some houses and stuff like that. I think this will probably be closer to a ten year overall development. At that point there is other land around there that I'm sure the school district, if they need an elementary school, can purchase. I think it's an ideal location for a park and I, for one, think that it's a nice, well-planned development that ten, 12 years from now the City of Meridian would be very proud of. McCandless: Mr, Mayor? Corrie: Mrs, McCandless. McCandless: I certainly agree with Councilmen de Weerd and Nary on their concerns and mine are -- the study of the Ten Mile area out there -- or the north Meridian area was also including the roads and I'm wondering where in the world they are going to put all the traffic in a large development like this, if they don't include widening the roads as they go. I mean you have Chinden is two lane, Ten Mile is ten lane and McMillan is ten lane -- or two lane and Linder is two lanes. That's my biggest concern right now. But I agree, it's a marvelous development. Everything we wanted out there. But I agree with Tammy when she says why are we going through this North Meridian Plan if we don't complete it before we put these projects in? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess I do have a question for staff. On the phasing of this project, where are they starting from and how is it flowing? McKinnon: Councilwoman de Weerd, Mayor, Members of the Council, it's somewhat counter-intuitive. The sewer line is going to be starting from the west side of the project and t hen moving tot he east However, the project w au Id be phasing from the east towards the west, towards the north and south. The first phase is approximately in this location. I'm sure you have a copy of the preliminary plat that has the phase lines Meridian City Council Meeting September 24, 2002 Page 51 of 53 drawn on that. I believe the second phase -- Becky can nod along with me. This is the first phase, approximately second phase in this location and then the third and fourth phases and then they kind of branch out from there into the numerous other phases. It's a multiple phase project and, like you said, there is ten phases and -- oh, yeah, ten years. I don't know the exact number of phases, but this is approximately a ten year project. It's a very large project De Weerd: So they're phasing in where it's not even contiguous to that? McKinnon: That's correct. De Weerd: You know, I guess at this point, rather than to -- I just don't feel comfortable denying it at this point. I would like -- because I like the project. I would like to hear from the school district. I would like to have Council consider reopening the Public Hearing for two things. One would be to get a response from the school district on what the school -- where a school would be sited in this square mile. If they have plans and jf negotiations are in effect, what have you. The second item would be in reference to the north Meridian planning effort. Where are we in that effort? What recommendations are coming out that would reflect that. I do agree with Mr. Bird, as I stated before, I believe this is in conformance with everything the North Meridian Plan has attempted to do, but I would like to know kind of where we are in roads, because like Council McCandless stated, that was one of the primary issues of the North Meridian Plan. So those a re the two items I would I ike to specifically 0 pen the Public Hearing for, limit testimony to those items, and try to get some answers to make us feel a little bit more comfortable with moving ahead with this. Nary: Is that a motion? De Weerd: That would be a motion. If there isn't anymore discussion, I would move that we reopen the Public Hearing, specifically for response from the school district as far as placement of an elementary school in this area to service this square mile and, two, to get an update on the North Meridian Plan and what recommendations are coming forward with the traffic impacts in particular. McCandless: Second. Nary: Mr. Mayor? Corrie: Okay. We have a motion made and seconded. Mr. Nary. Nary: Councilwoman de Weerd, on the North Meridian Plan -- and I don't -- and I also don't know where we are at in that, but on the roadway issues would it be something for both of those things that if we were to set this matter over for a week or two weeks and then ask either the school district -- or both the school district and either a representative from the North Meridian Planning Group or ACHD to come to the Meridian City Council Meeting September 24, 2002 Page 52 of 53 Pre-Council before that meeting to give us that or have that scenario on either one of those -- I mean that's fine. De Weerd: I would like that at the hearing. Nary: That's fine. De Weerd: Where the public regularly comes and a representative of the school district -- Nary: Would the Highway District be okay, if that's -- I don't know where the north Meridian plan is, or the people that are involved with that, but the Highway District would have that same conversation as to road planning and they are part of that North Meridian Planning Group as well. De Weerd: And I think Becky has been involved with the North Meridian Plan more in depth. So what ACHD can't give us, Becky can, and the school district can be here to respond, too. Nary: Okay. Corrie: Just to clarify the motion, Mrs. de Weerd, is this a motion to reopen the Public Hearing and continue it to a limited input from the North Meridian group and the school, as well as ACHD? Is that-- De Weerd: Yes. Specifically to those issues only. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Is that opening all three? De Weerd: Yes. It would need to be, since it would be pretty much a part of all three applications, in particular zoning and annexation. You can't do much if you haven't approved zoning and annexation. Corrie: Any further discussion? Okay. Hearing none, Jet me restate that to make sure that we have got it on record here. The motion made by Ms. de Weerd is to have the three -- all three public hearings reopened and continued to have limited testimony from the north Meridian group, the school, and ACHD, all -- De Weerd: And probably need a date. Corrie: A date. Meridian City Council Meeling September 24, 2002 Page 53 of 53 De Weerd: Would one -- two weeks -- would need to be two weeks. Corrie: So October the 8th? De Weerd: So to October 8th. Corrie: All right. You have heard the motion as stated. Be October the 8th. Any further discussion? Hearing none, all those in favor of the motion say aye? Opposed no? Bird: Nay. Corrie: Okay. It's three to one. Then we will have the Public Hearing continued on October the 8th and for the input from the north Meridian area people and the school and ACHD. Okay. And with that, that does conclude the agenda for tonight. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we adjourn. Bird: Second. Corrie: Motion has been made and seconded to adjourn. All in favor? Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:02 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED /0 9 {JZ Il / . / DATE ATTEST: l J!d&~~./Je~ WILLIAM G. BERG, JR.', CI \\\\\1 i! 111111/ \\\\ C AJ!- /1/1 \\\' ! 0\ nnt:.RIJ'> 111/ ,\\ -\~ <...14 II"... .t 0 o?PO's>ri '" '1- ~ ~ ...0 I ^ ~ .2 ~ "() -::. ~ .... = ~ C8;ER Q "C, 0 :::~ ~ ~ U8/ 18\ . ~.; // ~ ~~ " // C ~:v' ,'" /1/ 01 " '-....,' \ ...\' II '-/ -: .". 1 J ....' I/I~, ......\'\ RESOLUTION NO. 02-- 3q I BY: /(eIf1L /1Jlrd- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO ALLOW, ON BEHALF OF SAID MUNICIPALITY, AN "ANNUAL CPI RATE ADJUSTMENT FOR SOLID WASTE COLLECTION SERVICES" WITH SANITARY SERVICE COMPANY, TO PROVIDE FOR THE SOLID WASTE DISPOSAL RATE CHANGES WITHIN THE CITY OF MERIDIAN, DATED THE 1 ST DAY OF OCTOBER, 2002, BY AND BETWEEN THE CITY OF MERIDIAN AND SANITARY SERVICES COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to provide for solid waste disposal rate changes within the City of Meridian with SANITARY SERVICE COMPANY, denoted as "ANNUAL CPI RATE ADJUSTMENT FOR SOLID WASTE COLLECTION SERVICES", to become effective on the 1st day of October, 2002, a copy of said memorandum is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said memorandum dated August 27,2002 from SANITARY SERVICES COMPANY. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and City Clerk are hereby authorized to allow, on behalf of the City of Meridian, that certain memorandum dated August 27, 2002 from Sanitary Services Company to provide for solid waste disposal rate changes within the City of Meridian with SANITARY SERVICE COMPANY, for ANNUAL CPI RATE ADJUSTMENT FOR SOLID WASTE COLLECTION SERVICES for rate changes, effective the 1st day of October, 2002, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. SOLID WASTE DISPOSAL RATE CHANGES RESOLUTION PAGEIOF2 'ff.. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 24 ?-dayof $epre In b er , 2002. , ~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21 day of .Jep fet1IJ/~../, 2002. ATTEST: ~ -- -- z:\ Work\M\Mcridian\Mcridiun I 5360MIS W AA CISolidWustcDisposulRalcAddiilion09 ] 602.doc SOLID WASTE DISPOSAL RATE CHANGES RESOLUTION PAGE 20F 2 .11.. -'--' 'oJ .",:. 1. 'V .Jt!J II fhV ~.~ ~%i?0\!fiiil AHA? 7 2002 I\fAYCS.~ CFFJCE ~.. San; tar y S e r v; c e lI~ir:' ~U;H1DL\.J.'l MEMORANDUM RECEI'lED AUG 2 7 2002 TO: Mayor Robert Corrie City Council Members: Ms. Tammy de Weerd, President Mr. Keith Bird Ms. Cherie McCandless Mr. Bill Nary City of Meridian. City Clerk OfficE- FROM: Steve Sedlacek, Business Manager, Sanitary Services, Inc. Bill Gregory, Operations Manager, Sanitary Services, Inc. DATE: August 27,2002 SUBJECT: Annual CPI Rate Adjustment for Solid Waste Collection Services This memorandum presents the solid waste collection rate adjustment based upon the Consumer Price Index (CP1) in accordance with Section 21 of our contract with the City of Meridian. This rate adjustment coincides with the beginning of the next fiscal year, October 1, 2002. We are hopeful that the council will complete their consideration of this issue so that the rates will be in effect on October 1, 2002. Adjustment Methodology Our contract requires that our costs be adjusted annually based upon the "net percentage of change in the Consumer Price Index for the Pacific Northwest." (The CPI is no longer published for the Pacific Northwest so we have used the CPI for th? Western Region of the United States.) Further, we reduce the calculated change in the CPI by ten percent to account for aspects of the CPJ that do not apply to our business. Attached to this memorandum is the CPI printout from the U.S. Bureau of Labor Statistics. The CPI for July one year ago was 182.0 and this year it is 184.7. The net percentage change between the two values is 1.5%. Then, reducing this number by 10 percent yields a CPI adjustment of 1.35% that is applied to our costs. One other requirement of our contract is that we exclude the landfill portion of our fees from the adjustment. We have completed calculations of what percentage of total costs are disposal and have escalated the remainder by our allowable adjustment. n. P.O. Box 626, Meridian, 10 83680 Phone 208/888.3999 Fax 208/888-5052 taJ Printed on Recycled Paper E xJ"~~J.,..t'-c. A . ?aro~ \ of 6 Results of Rate Change The current and proposed rates are presented in tabular form in an attachment to this memorandum. The residential rate will increase by $0.12 per month for unlimited weekly service with curbside recycling, The percentage of change by various categories of rates is shown in Table 1. The percentages vary with the different types of systems that we operate because each has a different percentage that is disposal. Table 1 Percentage of Rate Change by System Residential rates 1.22% Commercial can rates 1,18% - 0.26% Commercial container rates 1.11% Commercial compactor rates 0,83%-0.94% - Temporary container rates 1.10% -1.34% Miscellaneous services 1.35% Rolloff Services 1.35% A more detailed analysis is available to the Mayor, Council or City staff upon request. If further information is necessary we would appreciate treating the information as "business confidential." E ~ hA.,\r.;.t A <Vo~~ 2- of tV Public Data Query Page I of I u.s. Department of Labor Bureau of Labor Statistics Bureau of Labor Statistics Data www.bls.govlJ )_Jo+cr. I ft.... f...C.... BlS HonH~ I Pronr."ltl1::> PI SurvoP.:vs I GiP.'t O~~t.i1ilod ~~i~tt.~tics i Gros:s~rv I Wh;lt'::,; Nr~v'-! I Find It! In DOL Change Output Options: From:/1992 iI 10:12002.if 1$ r include graphs NfWl More Formatting Options 11IIII$> O.Jt;J extr;]ct~d O:--l: ;\Uryllc;t 2: 2002 -: I. ;_;:;G~21 AM; ConSlJml~r Pric~~ Index... ..:,!i I~r':)..-:~~ :""".G!1:..:;unlers Original Data Value Series Id: CUUR0400SAO Not Seasonally Adjusted Area: West urban Item: All items Ease period: 1962-84:100 Year Jan Feb Mar Apr May Jun Jul Aug S~p Oct Nov Dee Annual HALFl HALF2 1992 139.8 140.5 141.1 141.3 141.4 141.6 141.9 142.3 142.9 143.7 143.9 143.9 142.0 141.0 143.1 1993 144.7 145.2 145.2 145.7 146.0 146.0 146.0 146.2 146.6 147.1 147.5 147.8 146.2 145.5 146.9 1994 148.1 148.3 149.0 148.9 148.8 148.9 149.5 150.1 150.6 151.0 151.1 151.2 149.6 148.7 150.6 1995 152.0 152.4 152.8 153.2 153.5 153.6 153.5 153.7 154.1 154.6 154.4 154.3 153.5 152.9 154.1 1996 155.3 155.8 156.4 157.1 157.6 157.5 157.9 158.0 158.6 159.1 159.2 158.7 157.6 156.6 158.6 1997 159.6 160.1 160.8 161.1 161.1 161.0 161.1 161.5 162.1 162.8 162.8 162.8 161.4 160.6 162.2 1998 163.0 163.2 163.3 163.6 164.3 164.2 164.3 164.8 165.1 165.5 165.8 165.8 164.4 163.6 165.2 1999 166.4 166.9 167.3 169.0 168.7 168.3 168.9 169.5 170.0 170.4 170.4 170.5 168.9 167.8 170.0 2000 171.0 172.0 173.5 173.7 174.0 174.3 175.2 175.9 176.6 177.2 177.2 177.1 174.8 173.1 176.5 ::'001 178.3 179.3 180.1 180.4 181.3 182.0 182.0 181.9 182.5 182.5 182.3 181.6 181.2 180.2 182.1 2002 182.4 183.2 184.0 185.1 184.8 184.5 184.7 184.0 PI"~('ttJentry Asked Ouestlons I Preedom.ot Inform.1ltl-on Act f Cuzl;toml!r SiUrvflV PriYliCV &. Securltv Statt!m~rlt- I L1nkino to Our Site I ACCCi:'i$ibHi ty lnformaU..,n u.s. Bureau of Labor Statistics Postal Square Building 2 Massachusetts Ave., NE WashIngton, DC 20212-0001 Phone: (202) 691-5200 Fax-on-demand: (202) 691-6325 Data questions: blsdata staff<lllbls.aov 1echnlcal(web) questions: webmilster@lbJ:i.92.!l Other comments: ~ack@lbls.90v http://data. bls.gov/cgi-binlsurveymost E (cVk\-Xt it pOLct 3 0+ CO 8/22/02 Proposed Rate Structure Changes Fiscal Year 2003 Solid Waste Collection Services Sanitary Service Inc. Current Proposed Rate Rate Structure Structure Residential $ 9.80 $ 9.92 Toter Carts $ 2.45 $ 2.48 Habitual Late can fee $ 5.00 $ 5.00 Commercial Cans (Current) 1/wk 2/wk 3/wk 1 - 3 cans $ 15.25 $ 30.50 $ 45.75 4 - 6 cans $ 30.50 $ 61.00 $ 91.50 7 - 9 cans $ 38.13 $ 76.25 $ 114.38 Commercial Cans (Proposed) 1/wk 2/wk 3/wk 1 - 3 cans $ 15.43 $ 30.87 $ 46.30 4 - 6 cans $ 30.87 $ 61.73 $ 92.60 7 - 9 cans $ 38.15 $ 76.30 $ 114.45 Commercial Containers (Current) 1/wk 2/wk 3/wk 4x1wk 5/wk 6/wk 1 1/2 Yd $ 55.84 $ 79.63 $ 103.00 $ 138.17 $ 173.27 $ 208.38 3Yd $ 58.53 $ 94.80 $ 131.13 $ 172.75 $ 227.10 $ 275.11 4 Yd $ 70.22 $ 114.74 $ 159.21 $ 215.41 $ 271.57 $ 327.77 6Yd $ 91.31 $ 147.52 $ 203.67 $ 271.57 $ 339.50 $ 407.40 8Yd $ 108.39 $ 168.67 $ 224.83 $ 290.81 $ 361.13 $ 428.28 Commercial Containers (Proposed) 1/wk 2/wk 3/wk 4x1wk 5/wk J/wk 1 1/2 Yd $ 56.46 $ 80.51 $ 104.14 $ 139.70 $ 175.19 $ 210.68 3Yd $ 59.18 $ 95.85 $ 132.58 $ 174.66 $ 229.61 $ 278.15 4Yd $ 71.00 $ 116.01 $ 160.97 $ 217.79 $ 274.57 $ 331.40 6Yd $ 92.32 $ 149.15 $ 205.92 $ 274.57 $ 343.26 $ 411.91 8Yd $ 109.59 $ 170.54 $ 227.32 $ 294.03 $ 365.12 $ 433.02 Commercial Compactors Current Proposed 2yd $ 26.63 $ 26.88 3 yd $ 35.33 $ 35.64 4yd $ 44.04 $ 44.42 5yd $ 52.74 $ 53.18 6 yd $ 61.03 $ 61.53 8yd $ 83.27 $ 83.96 Temporary Container Service Current Proposed Delivery $ 17.12 $ 17.35 Daily Rental $ 0.64 $ 0.65 Monthly Rental $ 17.12 $ 17.35 Dump perm/temp cont $ 19.03 $ 19.24 Extra Dump 6 yd $ 29,61 $ 29.94 Extra dump 8 yd $ 38.07 $ 38.49 E >CV~~~t Pt fJ ~ Of- 4 () F 6 Miscellaneous Services Refrigerator pickup (Current) Refrigerator pickup (Proposed) Overflow Cleanup (Current) Overflow Cleanup (Proposed) $ 32.00 $ 32.45 $10.70 for 5 min, $1.07/min thereafter $10.85 for 5 min, $1.09/min thereafter Roll Off Services (Current) $96.25/haul + disposal + franchise fees (Weekdays) $144.421haul + disposal + franchise fees (Weekends) Container Rental 20Yd $ 2.28 per day $ 65.20 per month 30Yd $ 2.85 per day $ 79.69 per month 40Yd $ 3.10 per day $ 91.07 per month Extra services $ 79.85 per hour Roll Off Services (Proposed) $97.70/haul + disposal + franchise fee (Weekdays) $146.60/haul + disposal + franchise fees (Weekends) Container Rental 20Yd 30Yd 40Yd Extra services $ $ $ $ 2.31 per day 2.89 per day 3.14 per day 80.92 per hour $ $ $ 66.07 per month 80.76 per month 92.29 per month Landfill Rates (Current) Size 20Yd 30Yd 40Yd Demo Compact Wood SW Dump Dump Dump Waste $ 53.00 $ 116.60 $ 84.80 $ 26.50 $ 79.50 $ 174.90 $ 127.20 $ 39.75 $ 106.00 $ 233.20 $ 169.60 $ 53.00 $ 1.33 per yd $ 2.65 per yd $ 5.83 peryd $ 4.24 peryd $ 1.59 each $ 10.60 each Wood Noncompacted/loose Demolition Compacted Tires Refrigeration Units Voluntary Commercial Cardboard Collection. Tuesday collection onry. Rear load, 3-yard containers only First Container $ Second Container $ 48.51 per month 33.45 per month fiG~v~t A rCcb~ 6 of t5 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA TuesdaYJ September 24,2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ Tammy de Weerd k ~ Cherie McCandless X X- Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: w(7J ro .V'-G Discussion with Earth Tech: 2\a 11 / ~ 7h.(;JI~p'.r ~~ y Etr/'c. /j-av/:J' -l(eh-lA/ tJeSf . ref&-t....;fv47~ Ten Mile Interchange Update - Steve Siddoway: fJ 3. 4. 5. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: 'fa 6l.e /-t:? tPcl ~ I ~ pre -(; rf'vt-ncd /'h--? ' Tabled from September 17, 2002 City Council Regular Meeting: Transportat~on Task Force Committee Report: / .... .-1- 7?v~.f-<; ,pcf-, g 8- jJh/2 ..-Ctflvld'l.c.-vt. Yn.;T7- . Discussion of Sewer Service East Border - Gary Smith: fJrr.t2J~.eve...- 6. 7. Meridian City Council Agenda - September 24, 2002 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. November 8, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT November 12, 2002 ITEM NO. REQUEST Approve minutes of September 24,2002 Pre-Council Meeting: B~E AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: J?pmK- 3-0 Phone: Date: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, September 24,2002 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Discussion with Earth Tech: 4. Ten Mile Interchange Update - Steve Siddoway: 5. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: 6. Tabled from September 17, 2002 City Council Regular Meeting: Transportation Task Force Committee Report: 7. Discussion of Sewer Service East Border - Gary Smith: Meridian City Council Agenda - September 24, 2002 Page 1 of I All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents lmd/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meetinq September 24, 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 6:04 P.M. on Tuesday, September 24,2002, by Mayor Robert Corrie. Members Present Mayor Robert Corrie, Cherie McCandless, Bill Nary, Tammy de Weerd, and Keith Bird. Others Present: Bill Nichols, Mike Worley, Brad Watson, Ken Bowers, David McKinnon, Steve Siddoway and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: September the 24th at 6:04 P.M. at the Meridian City Council Chambers. This time I will have roll-call attendance Mr. Berg. All at present thank you. Item 2. Adoption of the Agenda: Corrie: Council Item Number 2 is adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move we approve the agenda for the Pre-Council Meeting as published. McCandless: Second. Corrie: Motion been made and second to adopt the agenda as published. Any further discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. Item 3. Discussion with Earth Tech: Item 4. Ten Mile Interchange Update - Steve Siddoway: Corrie: Item Number 3 and Number 4, discussion with Earth Tech and Ten Mile Interchange update. I believe are both very similar so we can do those at the same time. We will, Steve do you want to start and then or whoever you want to go. Meridian City Pre-Council Meeting September 24, 2002 Page 2 of 14 Siddoway: Thank you Mayor Corrie, Members of the Council. Mayor called me about a month ago and asked me to kind of represent the City's interest with this Ten Mile Interchange study. We've met probably three times and in those meetings discussion's just been very preliminary at this point. We've been talking about demographics in particular and trying to nail down the projections that we are trying to build to so that we don't under build it. We don't really over build it but Earth Tech has come up with a series of just initial thoughts of general options that are out there for interchange design. I know one thing that they were looking for was some feedback, if there was any that the Council likes particularly or doesn't like particularly that they think should be thrown out from the get go and not be considered. I'm going to turn some time over to Dan Thompson with Earth Tech, he's brought some graphics, and things, which we'll help, display so Dan. Thompson: Good evening I'm Dan Thompson I'm with the firm of Earth Tech. Our business address is 3071 East Franklin Road in Meridian. Again, I'd like to apologize, I've been to a couple of these Pre-Council Meetings at other jurisdictions, and they've been more of a sit around the table type discussion. I kind of planned it that way and didn't bring the proper graphics for this setting and I apologize for that. As Steve said we did have a couple meetings, we've had meetings with the Federal Highways Administration, ITD, Ada County Highway District and City of Meridian and other interested parties. COMPASS is also at these meetings. Probably the big concern we had was what's going to happen out there if we build an interchange. Everybody said we don't want to build another Eagle Road and have that occur again but there was a big concern that we get the proper demographics for that area around there and there has been a lot of discussion on the so far. A lot of the demographics for the COMPASS model were sort of initialized by a gentleman by the name of John Church and he's an economist here in Idaho he worked for Idaho Power did a lot of their demographics for many years. After a lot of discussion with COMPASS we thought it would be wise to, Mr. Davis thought it would be wise if we brought him on board here and bring in some demographics to see his expertise in predictions of the demographics. I don't want to go in to what he did and how he did it but we did bring sort of a map of (inaudible). Basically is what, if were looking at the highways here, Ten Mile is here and they are broken up into the traffic analysis zone, which is determined by COMPASS. The area were mainly concerned with is zones 277 and 278 that's immediately north of the highway on either side of Ten Mile. I guess one thing that concerned us is the prediction was for about 2.1 million square feet of retail another 1.2 million square feet df office as well as some industrial and housing by his projections. From our initial reaction seemed like that was kind of a high estimate there were kind of trying to look at and sport this on to FHW A and ITD and have them look at that and some of the other zones. South of the freeway I think we kind of recommended maybe a little more industrial development down there. There's a lot of low-density housing we've been comparing this to your Comprehensive Plan trying to see if this fits too. I guess we are looking for a feedback from the City to see if this Meridian City Pre-Council Meetiny September 24, 2002 Page 3 of 14 seems reasonable to the City also. This is, are probably our critical task at this point. We're trying to get everybody to agree on this, COMPASS says they don't want to proceed with any traffic modeling until ITO and Federal Highways are happy with what we've done here. The next step I think we're going to do is we're going to go to COMPASS and look at the demographics for other interchanges in the area. The Meridian interchange the Eagle Road interchange and probably the Gowen Road Interchange and compare that to what we have here. We believe by narrowing it down on that we can get a pretty good feel for what we think is going to be happening out there. At that point we'll start with the traffic studies. Steve mentioned we did kind of look for some alternatives just because we want to try to envision everything that we could possibly think of that's possible. Try to narrow it down so we don't have to study everything in here and we did these studies without the benefit of the traffic as you know without any environmental so at this point these are concepts we don't even know if they will work. The first thing you are going to notice is this is a typical diamond interchange that's very normal but if you compare that to both the Eagle Road and the Meridian Road Interchange, those interchanges have a looped on ramp and that's to handle the volume of traffic. We don't know if we are going to need that here or not, that's something may not make this one an option. This is a standard one, probably the biggest problem with this one is there is a lot of existing houses down there in the south west quadrant that would be severely impacted, which would probably have to be addressed. De Weerd: Steve can you show that? Thompson: Another option we looked at was basically taking the interchange and shifting Ten Mile to the east and that allows us to. This farm right here is apparently historical and allows us to miss that. It allows us to reduce the impact on the housing on there. Other than that it's still basically a standard interchange. One of the things that was talked about was the bridge crossing highway 16 extension on down south that if this was the terminal point this sort of gives it an angle to get back over to Black Cat or Ten Mile and creates that opportunity for it. It's basically a typical diamond interchange. One thing I mention here is that we did do what we call a comparative cost estimate on all these just so we get a feel of not budgeting numbers just which one is more expensive than the other. The first two were the most cost effective. De Weerd: The first two were the least expensive. Thompson: Least expensive, (Inaudible discussion amongst Council Members) Nary: Mr. Mayor. Corrie: Mr. Nary. Meridian City Pre-Council Meeting September 24, 2002 Page 4 of 14 Nary: Just so, we talk about the same kind of numbers. When you're saying least expensive. Your just talking about construction costs? Thompson: Construction costs. Nary: But your not talking about the land acquisition or any of that are you? Thompson: We included a right of way acquisition cost in our numbers there. Nary: Oh okay. Thompson: Again they are comparative. For example as in right of way we would just assume and I don't remember the numbers we used but it was 50,000 dollars an acre something like that. Matter what except for the housing assume differently. All of them will be 50,000 dollars an acre. De Weerd: Those were less then this option? Thompson: That's correct, as you notice this one is going to have a lot of land acquisition required on that one. Basically, its similar with just the one loop and that allows us to avoid the houses in there. It does, we should all these to FHWA and they said they pretty much meet with driver expectations and they don't see any problems and this one is actually kind of similar to the Overland off ramp down by the big movie theater down there. Bird: Spectrum. De Weerd: Edwards Theaters. Thompson: They are going to get a little more exotic though. These next two are called single point urban interchanges do you remember the diamond interchanges it had two points of connection to the roads. These ones have one point connection and that's why they are called a single point urban interchange. They are typically installed in urban areas because they require a lot of retaining walls and structure but they don't use much right of way. I n an area where right of way is very expensive these are very effective. In this one we kind of shifted it, typically they would be located right over the freeway or something like that but we shifted it so we could avoid the residents. One other benefit if th is is. elevated it would act as bit of a sound wall for that, for those residences there we'll probably end up building a little more sound walls on all of them. The one thing that might be a possibility, this option would be an option to construct it with basis. In other words we could construct the interchange and not have to replace Ten Mile Road. Again with out the benefit of the traffic study I don't know if that one happens. It might be possible instead of having to build a Ten Mile bridge to five lines it might only need to be three or four somewhere of that nature. Meridian City Pre-Council Meeting September 24, 2002 Page 5 of 14 Bird: Man that would be very expensive land wouldn't it? When you have two overpasses gorng up over. Thompson: They get to be very long spans. It is expensive and if you can actually build it without having to replace the Ten Mile overchange it actually is reasonably priced compared to the other two. It's very competitive to those two when you throw in the Ten Mile Road overpass and then it does go up quite a bit here. Nary: So this is the really expensive one? Thompson: Yes, these are Cadillac's. This is a classic single point urban interchange where we are actually having our single point right over the freeway. In this one we assume that the (inaudible) would go over the top of our intersection there and pull it down. I do require a lot of retaining walls and things like that, this one by our estimate was actually twice as expensive as the first one here. This one will probably not be considered (inaudible) then what we have right now. De Weerd: But it was fun to draw. Thompson: It was yes. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Is that similar to again the Edwards area. Where basically the freeway was lowered underneath the overpass. Is that kind of the concept here? Thompson: The one at Edwards is still more of a conventional type interchange. We got the off ramps and on ramps are on either side of the highway there. Where this one is just a single point here. I guess our next schedule is to finalize our demographics and we hope to do that in the next week or so. Then we get together with COMPASS and they'll give us some traffic numbers, we'll do an analysis to see what we need to do to accommodate the traffic and hopefully precede with the estimating of it all. Again our goal here is to get what we hope is a good firm handle on the cost of at least one of the alternatives we prefer. We'll probably end up with a good cost for three of them anyway maybe four and then the plan is to get in the budget for ITO and work on it from there. That's alii have but I'd be happy to answer any questions. Corrie: Any questions. Bird: Very nice presentation. Meridian City Pre-Council Meeting September 24, 2002 Page 6 of 14 Corrie: Very good, thank you. Siddoway: Mr. Mayor, members of the Council. I would just mention that I did meet with Charles Trainer with COMPASS last week and on the demographic projection numbers he is interested in revamping those to reflect our current Comprehensive Plan that shows mixed use and future transit station and take a look at what really those demographics in that area would have to be to support transit in the future and then run some scenarios based on that as well. Charles has agreed to take that on at least initially running the numbers for transit supportive design in the area and then we'll be including that as well. I suppose finally Eric Davis here he's the man behind it all. The developer that's looking at the feasibility of that and he had some issues related to the contract that he wanted to at least touch on with the Council. Davis: Thank you. Things are going along well. I kind of back check on these guys and I placed a call to ITD and back to Federal Highway and these are both outfits that will face through the approval process but they've set us on our path early on and just to see how are we doing what are you hearing through the grapevine and through your staff about our study and they both had very good reports and they said you're working with the right group and you know so I felt good because there was some pretty stiff warnings on the front end. You just don't assume you can put an interchange anywhere you want out there. That's all you get an A plus so far. The you know I felt like this dialog would be great I mean Steve set this up and were going to have hopefully when we come out here every month and have a report and I don't think it will be three or four more months we'll be done. We'll just go in step and the process and you know we need to have that same kind of feedback or at least monthly weekly however we can to get Federal Highway, ITD and COMPASS. I mean were having these meetings kind of on an as needed basis but its rolling right along. This is not a casual step these demographics became a huge issue and we all sat in a room up at Earth Tech and said whoa okay you know how many people are going to be out here in 25 years, how do you answer that question. We polled around and used the best resources we had. COMPASS was probably the leading resource. You know we were even asked as Developers slash brokers realtors, what do we see out there in five years and it got to be whose crystal ball should we use to give our sources the backbone that they needed to say this is. COMPASS has got to sit up and say yeah we buy off ITD we buy off. The base line that these groups have used in the past was pretty much developed by John Church, I mean he is an Economist and he's had a real hand in these numbers and updating the numbers to the 200 Census. It was almost a forgone conclusion after our first meeting that in order to make COMPASS happy and feel good about these things. We needed to update their baseline with John Church's input so we went to him. You know here's our dilemma, what should we do, and what can you do for us and a couple weeks worth of work. Our proposal was 5,000 dollars and this is taking in another dimension for Earth Tech they didn't expect to be going through all of this so they have given us a change Meridian City Pre-Council Meeting September 24, 2002 Page 7 of 14 order. I have its 8,500 dollars and I've got a copy of that plus it has an updated schedule in here and the schedule is enlightening cause it shows you all the steps we took to go through. (Inaudible) but were not, we have a reimbursement agreement at an 80,000 dollar limit were not there yet but were close to it were up to 78,500 dollars. It just felt like there might, I don't want to but maybe at the time j have to come to you again and say you know they put another pick up and we got an increase and I think this reimbursement will expect (inaudible). I'm just being I think conservative but keeping you informed of where things are going. What was it, access that we talked about, demographics we talked about, there was something that you brought up that I wanted to expand on, but if I think of it, I'll call you. Are there any questions? We had the Eastborn that was out here last week. Frank Eagan, I had him out on the site we met one of the neighbors Ralph Ross went out there and contacted him since he is probably a like full candidate for something to go across his property. We're trying to get ourselves engrained with the landowners and over the next two or three months I will be out meeting all of them again with a proposal that in essence is the basis of the deal which was Eastborn's willing to act as a bank on this for the private side at least a good portion of it, subject to the property owners reimbursing from their profits on the land after, you know that's to present that. I have a package of information for everybody that updates them on where we are with the study and where we've gone and it's a simple three page participation agreement that I think should be pretty easy to understand that Eastborn's approved for our use. We'll see, you may hear through the grapevine, the neighbors will start talking about, should I join in on this or not. It's pretty meaningful and we want to end up at the end of December with a finished study and the ability to walk into ITO and say here is the money that we have been able to raise on this (inaudible). I'll let you know in a month how things are going. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Do you need any comments on what you showed us tonight. Siddoway: Council Member De Weerd. I was just going to bring up the fact that I will get all of the Council members reduced versions of all of these options and would actually really like some feedback. Especially if you have any strong reactions to any of them. Any feedback would be helpful so that I can gauge the direction the Council would like to take this as I do my part. Do that and,so first of all I'll get those out right away and then any feedback you can get to me however you want to do by phone by email. Please do. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. Meridian City Pre-Council Meetiny September 24, 2002 Page 8 of 14 De Weerd: Steve I think one of the drawings that was pretty interesting that had Ten Mile kind of jogged to help with the alignment and not tearing down those houses. We really need to get ACHD's input and feedback on that as well. Cause they are the local roads that will be connecting to it so if we could also maybe get some participation and comments back from ACHO, that would be very helpful. Siddoway: I would be glad to send a copy over too. De Weerd: Okay, they are. Siddoway: I guess the final thing is this study that we are doing right now is on a fast timeline they plan to be done by the end of November if they stay on schedule and if - so I would propose to the Council that we bring Earth Tech back in a month for some additional dialog and feedback as to where they are at that point. If the Council would like that I'll coordinate with Mayor Corrie in getting that done. Okay that's all I have. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Steve would you mark those drawings so and when we reply to you we can say ABC drawings. Siddoway: You bet. They are also named, you know they got the. Bird: Okay they are named then I couldn't see. Siddoway: Right there is the typical diamond the Urban interchange the shifted, they all have names. So- Unidentified Speaker: (Inaudible) De Weerd: Yes. Siddoway: Yes if we could figure out. De Weerd: That would be very helpful. Siddoway: Prioritize, not prioritize but list them in order of cost, we can do that too. Corrie: I'm sure ITD would like that as well, (inaudible). Siddoway: Okay. Meridian City Pre-Council Meeling September 24, 2002 Page 9 of 14 Corrie: Very good thank you I appreciate it guys. Thank you very much. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess since Mr. Davis is dealing with the landowners too if there is a preference in that regard. I do know that the one that is on Ten Mile took up someone's land that currently doesn't have a road through it. That might be helpful to get input on that too. Davis: You're right, there is a whole other dynamic that's going to come to bear on this when these layouts are done. I mean we have to balance between what Earth Tech was hired to do which is the interchange and then the ACHD side of the things which is the roads that feed into this. The big element is access and you know some of the variables. I mean there is a new type four access that they call it, which restricts every half-mile to an access point. You know we have to be thinking globally about here's this interchange but how do people get to it. And how do I go out to landowners out there and say here's an interchange and then but you can't get a curb cut off the highway that feeds it so the solution is frontage roads and you know that becomes well you pays for those and then how do you et easements. I'm hoping that common sense and fairness will prevail such that if you know landowner A way down here a half mile away is a guy with the first access. He gets that condition upon providing frontage road access through his frontage that backs up to everybody else along the way. We're just touching on some of these things right now in fact that type four access is not cast in stone but its being talked about then I hear that I think well you know lets figure this out. Where that moves and all of that is huge variables and I would hope to diminish that to the greatest extent possible to keep that all private interests at bay until you can honestly say this is the one that makes the most sensible design and cost standpoint, which was our mission do be as objective as we can be. That solves the rest of those problems in a fair way with our local jurisdictions. [don't know that's what ['m thinking about. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: We kind of had that conversation with the north Meridian Planning and the Comprehensive Plan up on Chinden. Looked at frontage roads or I can't remember the term of it but where we have a road with just a single development strip so you could have just one side that would have the - or a local road on one side, Chinden then on the other side. That was one of the options that were talked about but some of that. Davis: Which side? Merldian City Pre-Council Meeting September 24, 2002 Page 10 of 14 De Weerd: Well you would have it - you would almost have a development strip in between what you would call your frontage road and the highway. Davis: Oh I see it would be on both sides of the road. It's an even level playing field for everybody. When this came up that was the first place they started to talk about was Chinden State Highway. It's a state regulation ITD was in the wrong talking about this. It's interesting as it evolves but you know. Corrie: Thank you. We have no more discussion on that. Item 5. Discussion of Waltman Lane and Corporate Drive Intersection - Mark Canfield: Corrie: We have Item Number 5 is the discussion of Waltman Lane and Corporate Drive intersection with Mike Canfield. De Weerd: Mr. Mayor. Corrie: Yes, Mrs. de Weerd. De Weerd: That was a miscommunication when Mr. Canfield called. It wasn't on the agenda so we put in on October 1 st and somehow it showed up on this agenda so this needs to be tabled to October 1st. Bird: Second. Corrie: Okay, so a motion and second. All those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Clerk if you would put that on the October 1 st agenda then. Item 6. Tabled from September 17,2002 City Council Regular Meeting: Transportation Task Force Committee Report: Corrie: We have tabled from September 17,2002 City Council Regular Meeting, Transportation Task Force Committee Report. I believe, who is doing that Dave. No. Is there anybody here that is doing that one? I didn't notice anybody. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I think last week we asked that we be provided it in a format similar to how it needs to be submitted to COMPASS in a chart form. That in addition at Meridian City Pre-Council Meeting September 24. 2002 Pa ge 11 of 14 the Ten Mile interchange be placed on there so Gary had noted at that time that he would work on that and it doesn't look like we've received it. Corrie: He's on vacation. Steve. Siddoway: [do remember that conversation from the last meeting and Gary Smith was going to be making sure that Ten Mile got shown but I haven't heard anything specific from him. I don't have anything to report tonight. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Can we just move that for a couple weeks, that way it gives Gary time to get back. I move that we table that to October 8th. McCandless: Second. Corrie: Okay. Move to hear that to be tabled to October the 8th meeting for Gary. Any further discussion? All those in favor say aye. Motion carried. MOTION CARRIED: ALL AYES Item 7. Discussion of Sewer Service East Border - Gary Smith Corrie: Discussion of Sewer Service East Border. I think that's, yeah he's here. I know he's here. Nary: We got maps. Corrie: So somebody's here. De Weerd: Yes Brad's doing that. (I naudible discussion amongst Council members) Corrie: Okay Brad. Watson: I apologize. Did we skip a couple? Corrie: Yes. Watson: Thank you Mr. Mayor, Council Members. I think the only discussion to have on this has to do with the handout that I put on the table around your counter there before the meeting. Gary and j met with Boise City Public Works last week and went from the north along the eastern boundary of the area of Meridian City Pre-Council Meeting September 24, 2002 Page 12 of 14 impact from Chinden to the southern end of the existing area of impact and actually we went even farther then that although it doesn't show it on the map you have. As you may recall our sewer planning area extends beyond the area of impact south of the city. We identified I believe nine potential areas that could be traded back and forth between Boise City and the City of Meridian based solely on sewer ability. Two of those nine we discussed at the previous Council meeting with the Commissioners tonight. There are a couple that are really, really small that are just sort of cleanup items. The first of those is between Ustick Road McMillan Roads it's identified as a B. This one, even this one is an ideal, the line is simply shifting to the back of an existing property line but then it still splits a flag lot or something that looks similar to a flag lot. One of the other clean up ones is on the second sheet its immediately, well it fronts Franklin Road east of Eagle Road, its identified as a B that means there is a small sliver that would be going into Boise City. We just simply shifted the proposed line to an existing property line instead of splitting the parcel. There are a couple others on sheet three that are fairly minor. In fact two of them simply reflect existing boundaries of some existing subdivisions. The two major ones are the one that's noted on sheet three as A and a little notation that says must be de-annexed by Boise City. It sounded like there was more to the story then Boise City Public Works was wanting to give us at the time. It can be sewered by Meridian City and in fact I think was had been there plan for quite awhile but for some reason it was annexed by Boise. Then the second major one, it can be you can see it on either sheet one or at the top of sheet two. It is it fronts Ustick Road, I think you've received some correspondence in the recent past from the developers or the proposed developers of those properties. I had another discussion with Boise City Public Works this afternoon and they have some concern about being able to sewer the southern half of what [ have included in this map. We agreed, I agreed with Boise City that both they and I need to look into that a little further make sure we can provide sewer service. The difficult part of that will be probably not the sewer issue but if it comes in as one project how to handle that. So that in my mind that seems to be the most difficult one to resolve. I would be happy to answer any questions if you have any. Bird: I have none. De Weerd: I have none. Corrie: Okay any other discussion? Bird: Nice job Brad. De Weerd: Thank you. Nary: Thank you Brad. Meridian City Pre-Council Meeting September 24, 2002 Page 13 of 14 Watson: Your welcome, thank you. I'm sorry I should've mentioned this the one thing that Boise City Public Works wanted to very strenuously point out is that they want to run this by their other departments. Fire, police because these may not make the most sense to those departments and I need to do the same with our respected chiefs as well. Corrie: Okay, any other thing. I guess that's the last on the agenda. We got about 20 minutes before the other meeting starts if the Council would like we could take item 12 off the regular agenda and do an executive session. It's not going to take a whole lot of time ['II tell you that. If you want to do that, I'll entertain a motion to do so. Bird: Mr. Mayor Corrie: Go ahead Mr. Bird. Bird: We'll take it off when we take it up but I move that we go into Executive Session per Idaho Code 67-2345 (1) (b). Corrie: Do I hear a second? McCandless: Second. Corrie: Roll-call vote Mr. Berg. Roll-call vote: Bird, aye; McCandless, aye; De Weerd, aye; Nary, aye. All ayes. MOTION CARRIED: ALL AYES. (Enter Executive Session) (Return Executive Session) Corrie: Come out of Executive Session. McCandless: So moved. Bird: Second. Corrie: All those in favor say aye. Let the record show that no decision was made in the executive session. Then I'll also entertain a motion to come out of the special Pre-Council Meeting. Bird: So moved. McCandless: Second. Meridian City Pre-Council Meeting September 24, 2002 Page 14 of 14 Corrie: Motion made and seconded to come out of the Pre-Council Meeting at 6:00 meeting. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:05 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~ · J RO ERT D. CORRIE, MAYOR // / /~ /02- DATE \\\\lllHU/UII ,,\1 Of !Ll"'~ 1111 ,\:-" "" 1Wt:f?g... 1'/" ..;:.". ~'\. 'VL, I"". ! 0- ,cp'iWOFidi)'; :.y'17 % ~ b Q .::- ~ ~ -:;. ~ f'... f A TfESTED: ' c-. /d--- , ~ ~ WILLIAM G. BERG, JR., CITY CLERK - -Pc, 6-'- ~ 1S <>'<> ;.,fD ~ '~" S, 'Sf lS\ . ..;.? .f ..:,.1(: <',,~ ...... /,,/ b' {\ .'''1'',,'' ,\V \.,.;-- fft., t" '''./;, ~. ,,,\ "i", .,\1\\\\ MAYOR Robert D. Corrie /<: J~~"1 '; "'c-rwi);..l cUerldl;~ \ ~ IDAHO l 1~ ~/' ['IO;~ Q-Y .p~'SI~C.E ~ 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288-2501 PARKS & RECREATION (208 888.3579 - Fax 898-550 I PUBLIC WORKS (208) 898-5500 -Fax 887- 1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887 - 1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd WilHam L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, September 24,2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Discussion with Earth Tech - Ten Mile Interchange Update - Discussion of Waltman Lane and Corporate Drive Intersection - Transportation Task Force Committee Report - Discussion of Sewer Service East Border The public is welcome to attend the meeting. DATED\Ui\i$!2A~h day of September, 2002. \\\\ //11 ...'\\\_1 Of MER/I'> II,,,, " ~'"' ~4. ".. :::.:;: (f ?opon Ii- ..~ ::: cP ~~ ~ 2 ~ 0 ~ ~ ~ ~ = - SEAJ.; - - _ 7" &!2 ~ (')I". ,OJ P :: ~ -c V[\ ~ ~...O ....r 1$\ ' ~ ~ =:.d ~ ~ '.. -1 a ~~- ~, "'''I,,, OU'{f'i. \\\,...... 'II' \\\ lIHJirll~in\\ 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888.4433 . Fax (208) 887.4813 - City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 8h<1rtJ'tldrruiA I ~().Gc*i f;v WILLIAM G. BERG, JR. - CITY CLERK 3071 E. Frnnklin Road, Suite 301, Meridian, Idaho S364~ (g@[F)W September 5, 2002 Eric Davis Retail West Properties Boise City National Park 805 West Idaho, Suite 302 Boise, ID 83702 RECE~D SEP 2 4 2002 CITY OF l\iillRIDIAi'I RE: Ten Mile Road Interchange Dear Eric, As you requested, we have obtained a proposal from John Church to review and update the demographics for the above referenced project. This work is necessary to estimate future traffic volumes anticipated on the proposed interchange. This work was not included in our original proposal and is an extra service. Telephone ~o8.S55,~OOO This proposal includes the fee from John Church and time for our efforts to complete this task. Our total fee for this work is $8,520.00, bringing our total contract to $78,520. Attached is a detailed estimate of our time. Fac~imile 208.855.2060, Also included is a revised project schedule. The demographics study will delay our traffic study by about two weeks. Since the traffic study is a critical task, this delay will have an impact on our schedule. We can make up some time by shortening our traffic study time and starting the alternatives analysis early. However, we expect our completion date will now be in mid November, with final review from ITD completed in early December. Jfthis proposal is acceptable, please sign the acceptance block below and return a copy of the letter to us for our records. Should you have any questions, please call. Sincerelx Earth Te81 f ~"L \ ( . :\. \ \ . l; r\ ('1-Y ~\ ,/. Daniel A. Thompson, P.E. Senior Project Manager ~) Eric Retail West Properties Enclosure 1.L7.>-07- Date AZ - # dio'171 CA - #64,639 EAR T H TEe H A fllCD INTERNATiONAL LTD. COMPANY 09/05/2002 00:43 2083235583 JOHN CHURCH PAGE 02 Idaho Economics Economic Consulting & Forecasting Mr. Gary Funkhauser Earth Tech 3071 E Franklin Meridian, Idaho 83642 September 2. 2002 Dear Gary: Thank you for the opportunity to present a proposal for the analysis of the potential future development of conunercial and/or population growth sUITounding the proposed 1-84 interchange at IO-Mile Road in Meridian, Idaho. In our discussions last week it was explained that objective of this project is an evaluation of the changes that may occur in the traffic analysis zones (T AZs) affected by the construction of the 10-Mile interchange. , I I The current Ada County forecasts of population, hduseholds and employment by T AZ do not anticipate the changes that may occur because ofth~se structural changes to the transportation infrastructure at IO-Mile Road and 1-84. Further, I tlave reviewed the proposal for the Treasure Valley Marketplace development to be sited in T AZ 278 ai the northeast comer of the intersection of 10-Mile Road and I~84. The increased population and empldyment that the proposed Treasure Valley Marketplace development will be incorporated into!the revised population, household, and employment estimates. i Initially it is anticipated that revisions to the existing COMPASS projections of population, households, and employment by T AZ shall be constructed so as to overlay or replace the current forecasts for the affected T AZs. Thereafter, a traftid analysis shall be performed to estimate the effects of the additional population, households, and empl6yment in the TAZs impacted most directly by construction of a lO-Mile Road interchange. I am prepared to make a reasonable number of itera~ions of this process in order to refiI)e the forecast so as to provide the client with a work product that ~as withstood the evaluation of many constituents. I In this effoI1 I propose the following methodology ~e utilized. (1) The existing COMPASS forecasts ofpopulatiorl in Ada and Canyon cOWlties would utilize as a baseline projection. . (2) Similar projects in the Ada and Canyon Counti~s will be examined in order to evaluate their impact upon population, households, and in their specific T AZ and surrounding T AZs. 09/05/2002 00:43 2083235583 JOHN CHURCH PAGE 03 Idaho Economics Economic Consulting & Forecasting (3) Consultant shall prepare a forecast of population, households and employment in the T AZs judged to immediately be affected by the construction of the 10~Mile Road interchange. It is anticipated that changes will be made to the following TAZs: 272, 273, 274,275,276,277,278,279,289, 290, 291, and 292. (4) It was agreed that completion of this project and evaluation shall be two weeks from our first meeting on August 23,2002. (5) It was further agreed that the consultants fee for this forecast and evaluation shall be $5,000 payable upon upon completion of this project. Again, I thank you for the opportunity to present this proposal. If you, or any of your staff, need anything further information, or if you have any questions or comments. please feel free to contact me, I look forward to hearing from you. With warmest regards, ~l ~..<<-L John Church 2 Idlllb!) :EcO\lOll)ics, r.o. Bos 45694, Babe, IdahD 837ll Telephone (208) 323 - 073:2, Fax (208) 323 - S583, E-Mail: Js~llllfch@mj~ron.net EARTH@T E C H A tqco 1WIfflN4.71OIIAt. 1m aJMJWU Ten Mile Interchange Man-Day Estimate Demographics Modifications 1. PREOPERATIONS AND ADMINISTRATION 1,1 General Administration 0.71 0.51 0.21 2. DEMOGRAPHICS UPDATE 2.1 Meetings 2.2 Review of Estimates 2.3 Conversion from Employees to TSF 2.4 Prepare Comparison Map 2.5 Coordination for Buy Off 1.0 0.5 0.5 l.0 0.5 0.5 0.5 0.5 0.7 0.5 0.2 TOTAL MAN-DAYS SUMMARY 3.41 0.01 2.01 0.51 1.51 O,O~ 0.41 L;\Group\BizDe~"PropID{/k()/{/.TeIIMile \Doc \SIt I demog 9//212002 EARTH@T" C H A tqco INmNAt/ON.AJ.lTll. COMfJWt' Ten Mile Interchange Fee Calculation Demographics Modifications I & II Earth Tech 1. SALARY COST A. Summary Estimatated Man-Day Time & Salary Costs 1 Principal 2 Sr. Engineer 3 Engineer A Designer 5 Draftsman 6 Field 7 Clerical 0.0 Man-Days 423.12 @ 2.0 Man-Days 302.95 @ 0.5 Man.Days 230.32 @ 1.5 Man-Days 172.26 @ 0.0 Man-Days 150.56 @ 0.0 Man.Days 144.00 @ 0.4 Man-Days 98.88 @ TOTAL SALARY COST = $ = $ = $ = $ = $ = $ ::: $ ::: $ 605.90 115.16 258.38 39.55 1.019.00 B. Payroll Burden, Fringe Benefits Cost & Overhead Payroll Burden $ 1.019.00 x 1.61 = $ 1.640.59 2. NET FEE Computed at 13.5% of Assigned Engineering Costs $ 2,659.59 ).135 = $ 359.04 3. OUT-OF-POCKET COSTS Plots (22x34) 60 @$7.80 Plots ( 11 x17) 120 @ $1.95 Printing (400 COPIES@ .12) Mileage ( 250 @ $0.365/MI) Computer usage@2.2609xman-hours Mise!. photographs, postage, delivery ete III Subconsultant Mark Up (John Church) $ = $ 1,019.00 = $ 1.640.59 = $ 359.04 = $ EARTH TECH - TOTAL I & II = $ 3,018.63 ::: $ 5,000.00 10% $ 500.00 SUMMARY OF COSTS 1 A EMPLOYEE PAYROLL B PAYROLL BURDEN AND FRINGE 8ENEFlTS 2 NET FEE 3 OUT.OF.POCKET TOTAL PROJECT =Is 8,518.63 I SA Jdemog ET,COSTS Page 1 of 1 9/12/2002 Earth Tech' ...:n Mile Interchange Man-Da~ ..:.stimate 1. PREOPERATIONS AND ADMINISTRATION 1.1 General Administration 0.71 0.5! 0.21 2. DEMOGRAPHICS UPDATE 2.1 Meetings 2.2 Review of Estimates 2.3 Conversion from Employees to TSF 2.4 Prepare Comparison Map 2.5 CoordInation for Buy Off 1.0 0.5 0.5 1.0 0,5 0.5 0.5 0.5 0.7 0.5 0.2 TOTAL MAN-DAYS SUMMARY 3.41 0.01 2.01 0.51 1.51 o.o~ 0.41 L:\GroClp\BizDev\PropIDllkora-TenMile \Doc \SA] demog ] 9/1212002 Ten Mile MANDAY ESTIMATE I & II Earth Tech 1. SALARY COST A. Summary Estimatated Man-Day Time & Salary Costs 1 Principal 2 Sr. Engineer 3 Engineer 4 Designer 5 Draftsman 6 Field 7 Clerical 0.0 Man-Days 423.12 @ 2.0 Man-Days 302.95 @ 0.5 Man-Days 230.32 @ 1.5 Man-Days 172.26 @ 0.0 Man-Days 150.56 @ 0.0 Man-Days 1 A4.00 @ 0.4 Man-Days 98.88 @ TOTAL SALARY COST = $ = $ = $ = $ = $ = $ = $ = $ 605,90 115,16 258.38 39.55 1,019.00 B. Payroll Burden. Fringe Benefits Cost & Overhead Payroll Burden $ 1.019.00 x 1.61 = $ 1.640.59 2. NET FEE Computed at 13.5% of Assigned Engineering Costs s 2.659.59 ).135 = s 359.04 3. OUT-OF-POCKET COSTS Plots (22x34) 60 @$7.80 Plots (llxI7) 120 @ $1.95 Printing (400 COPIES @ .12) Mileage ( 250 @ SO.365/MI) Computer usage@2.2609xman-hours Misc!. photographs. postage. delivery etc III Subconsultant Mark Up (John Church) = $ = S 1,019.00 = S 1.640.59 = $ 359.04 = $ EARTH TECH - TOTAL I & II = $ 3.018.63 = $ 5.000,00 10% $ 500.00 SUMMARY OF COSTS 1 A EMPLOYEE PAYROLL B PAYROLL BURDEN AND FRINGE BENEFITS 2 NET FEE 3 OUT-OF-POCKET TOTAL PROJECT =1$ 8,518.63 I fFilejlET.Cosrs Page / 9//212002 o "" 2- Z ~ <( ... 5 l2 w g :E iii '" CI OJ Z c( ~tQ :I: t- g I~ UJ r.%. a.J .... ~ o OJ <( g re UI -1 ~ ~ Z l~ wlg~ I- " o OJ '? g", lii- .., '" g ~ ~'" 11- o ~ o co> '" I I ~-- i : i \ , i i ! , i I I , I - I I , I i i I i I I I '" ~ [" ! Il' ~ t~ " E 0_ 1;- Z 0>- '" N 'T__-~---- \ , .. ~-~ . ,-- o iii '" ;;; 5 .. ~ " :E or . l'~ iF L ~j I "'r'~ I * in:: ~ I . r*J 11)-[00 '" ~ Ill; "'---- I ~ '" r./) UI u :> (J) 0:: IU Z rJ) 0 ;:5 " ~ ;i!: z w 0 <( 0:: Q 0 1i UI z t (!) I- IU 0. 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I:! . .... r_ I - 1- ~ J S .... j to- --' !}-,~-----"- - g . > i ~[ ~ " g ~ " ~ ~ ... ~ "' g 'ii ~ '0 "' w Ii:. ~ t I ~ 0 " l- e " % Q Q ;;; 3- '0 JJ U ~ c: - C. 0. Q. ::> ::> ::> -g '0 1\ '8 ~ '8 0: 0: n ;, {: ~ ... ~ ~~ N I ! .~_ s _~_.~_ .___~.______ li\ ~ ~ -$I ~ " - .' I 1ii rn 2 o i= <( (,) iI W t3~b: ~::?: 0 ~~~~ ~~rnt <:!Ot;ill ~i=O(,) w>fuo~ ~ w (,) ~ ~LU~WW ~ZZa:> wS2ffi~~ ~\~ ~\~ g ~ \~ \N \~ ~ .----..~.~~ g l- i i:' Q. i '" -g a ::E "' c;; z ill :::; ~' Cl 2 Z 0 <( ~ ~ I- " -l ex: ~ ~ Z Z ... ~ 0 w tQ ...J 'g ~ g- O ~ :E 0 & C::l\W 2 0: ... U a: 0. ~ t:l ~ ~ 0 \jj <( Cl " '<C ~ W Z <( 0 ~ f- ~ ~l:o! (,) ~ i: '" <( 0 01-0:: I ::E 0- :J (,J W :J g 5 u en III Z <( :2 :J :J ~ W :J ~ {J ro 0.. 0 (!) 0 1 g .. ::l a: ~ '" 0- 0- 2 i ~ \~ \~ \~ ~ ~ ;1; '" '" ~ ::; c< '" a. w u " September 20, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT September 24, 2002 ITEM NO. :~-H REQUEST Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project, Carollo Engineers AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo / Addendum -;V ~ Contacted: Date: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. ECElVED SEP t 9 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. dw CC: File, Gary Smith, PE, City Clerk Date: 9/19/2002 Re: Proposed Agenda Item for September 24 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the September 24 City Council agenda, on the Consent Agenda, for Council's consideration: .'it 1) Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project, Carollo Engineers. Please refer to enclosed September 12 letter from Tim T ekippe, Carollo Engineers, to me. The addendum will cover the cost of a geotechnical study for the DAFT facility to be built this fall and winter. The geotechnical study was an optional task not included in the original agreement with Carollo Engineers approved by Council December 18, 2001 because we did not know, prior to preliminary design, whether or not one would be needed. Because of hydraulic limitations at the plant, the DAFT facility will be partially submerged into the ground (approximately 5 feet). Consequently, we felt we needed proper geotechnical information in order to properly design the foundation. The addendum amount is $4,400.00 ($4000 by Strata and 10% mark-up by Carollo as provided for in the already approved agreement) bringing the total agreement amount to $100,300.00. Recommended Council Action: Approve the Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air F.lotation Thickener Project with Carollo Engineers in the lump sum amount of $4,400 and authorize the Mayor to sign and City Clerk to attest. 2) Reimbursement Agreement with Sundance Limited, LLC (G.L. Voigt) for Sewer Service - Sundance Subdivision / White Drain Sewer Trunk Proiect. This agreement provides for the City to install sewer services off of the White Trunk to future lots within Sundance Subdivision NO.2 and be reimbursed by the developer for the cost . Page 1 of those services. A similar agreement with Kevin Howell, Cedar Springs was approved by City Council on August 20, 2002. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayor to sign and City Clerk to attest. 3) Award of Contract - Well No. 10 Landscaping Proiect. See Len Grady memo dated September 19, 2002. 4) Change Order No.2 (final) - Waste Water Treatment Plant Laboratory Proiect. See Len Grady memo dated September 19, 2002. Thank you for your consideration. H e Page 2 carOLLO enGineers 1Jn!inl/n/ (0 ('ru/llfe. J"('s/J/'IIsi,ro 'lua/iIN s()la/unIX .lil/.II/fl....'(} /iT...;nTf September 12, 2002 6409A.10 City of Meridian Public Works Department 660 E. Watertower Lane Meridian, ID 83642 Attention: RECEIVED SEP 1 0 2002 MERlDlAN CITY ENGINEER Subject: Dear Brad: ", We are nearing completion of the DAFT design, and we have recently re-assessed our project budget. As you may remember, we included a description of an optional geotechnical report for the project in our original scope, but did not include the cost in the original budget. At the time, we thought that we may be able to absorb the cost of the geotechnical report within the rest of our project budget. Nearing the 90% completion point, it appears that we will likely use our entire design budget for the other tasks, excluding the geotechnical report. The cost of the report is $4,000, and includes the scope as described in our attached sub-contract with Strata. If acceptable, please review, sign and return the attached Task Order No.2, which will increase our contract not-to-exceed limit to cover the cost of the geotechnical engineering services. Please call me at your convenience, if you have any comments or questions on this or any other item. Sincerely, CAROLLO ENGINEERS, P.C. c-Y~ 11 . 7e~ Timothy R. Tekippe, P.E. TT:sjf H:\Client\Meridian 601\6409a1 O\Dlv\Gorrsp\Ltrs\L TR-002.doc 12592 WES T E-XPLOR ER DR IVE, SUI TE 200 . BOI SE, I DAH 0 83713' (208) 376-2288 . FAX (208) 376.2251 TASK ORDER NO.2 CITY OF MERIDIAN (OWNER) AND CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (ENGINEER) This Task Order is issued by the OWNER and accepted by the ENGINEER pursuant to the mutual promises, covenants and conditions in the Agreement between the above named parties dated the 18th day of September, 2001, in connection with: The Dissolved Air Flotation Thickener Project (Project). PURPOSE The ENGINEER's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as geotechnical engineering services for design of a dissolved air flotation thickener for the OWNER's wastewater treatment plant. ", ENGINEER'S SERVICES Refer to attached Carollo sub-contract with Strata Geotechnical Engineering and Material Testing. PROJECT DELlVERABLES The following deliverables will be prepared as part of the project: A. Draft and Final Geotechnical Report. COMPENSA rlON Subconsultants shall be invoiced at ENGINEER's cost plus ten (10) percent. All other direct costs shall be invoiced at the actual cost. ENGINEER's total compensation for the Scope of Services identified in this Task order shall not exceed the amount of four thousand, four hundred dollars ($4,400.00), without additional authorization from OWNER. The ENGINEER shall submit monthly statements to the OWNER.based on the ENGINEER's labor and expenses accrued at the time of billing. OWNER shall make monthly payments in response to ENGINEER's statement. EFFECTIVE DATE This Task Order NO.--L is effective as of the 2002. day of -1- IN WITNESS WHEREOF, duly authorized representatives of the ENGINEER and of the OWNER have executed this Task Order No. L evidencing its issuance by OWNER and acceptance by ENGINEER. OWNER By: Robert D. Corrie, Mayor Attest William G. Berg Jr., City Clerk -2- ._.~~ AGREEMENT FOR PROFESSIONAL SERVICES -' . Project No. 6409A.1 0 'jT This AGREEMENT made and entered into this ~\ day of ...............a...(c.~ , 2002 by and between Carollo Engineers, A Professional Corporation, (hereinafter "ENGINEER"), and STRATA, Inc. (hereinafter "SUBCONSUL TANT"). WITNESSETH: WHEREAS, the ENGINEER and the SUBCONSUL TANT wish to enter into an Agreement (hereinafter "Agreement") for the furnishing of services in connection with City of Meridian Dissolved Air Flotation Thickener Project (hereinafter "Project"), and WHEREAS, the SUBCONSUL TANT possesses the qualifications to perform the necessary services for the ENGINEER in connection with the Project, and ,-NOW THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, it is agreed as follows: SECTION 1 - GENERAL 1.1 The services herein required, shall be set forth in the attached Task Order. In performance of these services, the SUBCONSUL TANT shalf provide qualified, and where required, licensed personnel. The Task Order shall include designation of a Project Manager and, if required by ENGINEER, a list of proposed personnel. The SUBCONSUL TANT shall promptly notify the ENGINEER of any changes in his initial organization. 1.2 It is intended that each additional Task Order sequentially numbered setting forth the SUBCONSUL TANT's Services, Time of Performance, and Payment, or any other conditions, shall become a supplement to and a part of this Agreement. H \CllenlVvlendlan _ BOl\6409a 1 O\Conlracls \Geo T echlLongAg r. doc SECTION 2 - PAYMENT 2.1 Compensation for providing services referred to in Section 1 shall be detailed in the attached Task Order. 2.2 The SUBCONSUL TANT may submit invoices to the ENGINEER once per month. Invoices shall be prepared in such form and supported by documentation as the ENGINEER may reasonably require. All such invoices shall be reviewed and approved by the ENGINEER before submittal to the OWNER and shall contain the ENGINEER's Progress Billing statement, attached to this Agreement. 2.3 Following receipt of reimbursement from the OWNER, payment will be made to the SUBCONSUL TANT within 30 days for the value of the partially completed services, less any amounts previously paid on account, Page 1 of 7 less retainage, but only if required by the OWNER 2.4 Final payment of any balance will be made upon completion of the SUBCONSUL TANT's services and acceptance by the OWNER SECTION 3 - TIME OF PERFORMANCE 3.1 The Time of Performance under this Agreement shall be defined in the attached Task Order. 3.2 The SUBCONSUL TANT shall report from time to time as requested by the ENGINEER, its progress under this Agreement. The SUBCONSUL TANT shall plan its performance of services to accomplish its timely completion, and shall promptly notify the ENGINEER of any anticipated delay which may affect the SUBCONSUL TANT's Time of Performance. 3.3 In the event the SUBCONSUL TANT falls behind schedule for an unreasonable period of time for reasons within its control, the ENGINEER has the option to exercise any of the following: a. Extend the SUBCONSUL TANT's work day or work week. b. Require additional qualified staff to be assigned to the Project. c. Termination of Agreement. 3.4 The SUBCONSUL TANT shall remain on accelerated schedule (Paragraphs a and b above), until such time as the ENGINEER determines the SUBCONSUL TANT's progress conforms to Time of Performance requirements. All premium costs of the accelerated schedule shall be borne solely by the SUBCONSUL T ANT. H \ClienllMendlan _B01l6409a 1 O\ConlraCls\Geo Tech\LongAgr doc SECTION 4 ~ LEGAL RELATIONS 4.1 The SUBCONSUL T ANT is for all purposes an independent contractor. In no event shall the SUBCONSUL TANT or any personnel retained by the SUBCONSUL T ANT be deemed to be an agent or employee of the ENGINEER or engaged by the OWNER for the account of or on behalf of the ENGINEER. Full control of means and methods of work including provisions for required safety precautions shall be the responsibility of the SUBCONSUL TANT. 4.2 The SUBCONSULTANT shall be responsible to the level of competency presently maintained by other practicing professional consultants performing the same or similar work in the state where the project is located. 4.3 The SUBCONSUL TANT agrees to indemnify, hold harmless and defend the ENGINEER and the OWNER, their principals, partners, officers, agents, and employees from and against all claims, loss, damage, (ec-...)O"cHlClttorney's fees, charge or expense to which they or any of them may be put or subjected to arising out of or caused in whole or in part by any negligent act or omission of the SUBCONSUL TANT, or anyone directly or indirectly employed by the SUBCONSUL TANT, excepting any such injury or damage as may be caused by the sole negligence of the ENGINEER. 4.4 ENGINEER and SUBCONSUL TANT shall each defend, indemnify and hold harmless the other and their respective principals, directors, officers, employees and agents from and against claims, loss, liabiJitt suits and damages, includin~Tfo'r'jl~y s fees caused in whole or in part by the negligent acts, errors or omissions or Page 2 of 7 willful misconduct of the ENGINEER or SUBCONSUL TANT, respectively, anyone directly or indirectly employed by either of them or anyone for whose acts they may be liable regardless of whether or not such claim, loss, liability or damage is caused in part by the party indemnified hereunder. In the event that both ENGINEER and SUBCONSUL TANT are negligent and the negligence or willful misconduct is the proximate cause of any liability or damages, then in such event, each party shall be responsible for a portion of the liability or damages resulting therefrom equal to such party's comparative share of the total negligence or willful misconduct. 4.5 If the SUBCONSUL TANT shall fail to complete the services as detailed in the attached Task Order, to the detriment of the ENGINEER, the SUBCONSUL T ANT shall reimburse the ENGINEER for any costs incurred by ENGINEER because of such default of the SUBCONSUL TANT 4.6 In the event oflegal action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shalf pay the prevailing party such reasonable amount for fees, costs and expenses. including attorney's fees, as may be set by the court or the actual costs incurred by the prevailing party if the dispute does not reach final judgment. 4.7 The SUBCONSUL T ANT shall not make, sublet or assign any of the services covered by this Agreement, except with the prior written approval of the ENGINEER and in compliance with the terms, provisions and conditions of the Agreement The H IClientVvlend,an _ BOI\6409a 1 O\Contracts\Geo TechlLongAgr DOC SUBCONSUL TANT shall not separately solicit or accept any assignment from the OWNER related to the Project during the life of the Agreement without the ENGINEER's written approval or unless the ENGINEER is terminated by the OWNER under the provisions of the prime Agreement. 4.8 The SUBCONSUL TANT shall, upon request and without cost, provide ENGINEER and the OWNER all directly pertinent books, documents, papers and records including electronic data of the SUBCONSUL TANT involving transactions related to this Agreement. SECTION 5 - INSURANCE 5.1 Business Insurance. SUBCONSUL TANT shall maintain, at its own expense, 1) Workers' Compensation and Employer's Liability pursuant to state law, and 2) Commercial General Liability and Automobile Liability with limits at or above that which is reasonably required of other firms in the industry for their protection and management of business risks. If requested, SUBCONSUL T ANT shall promptly furnish to ENGINEER insurance certificates evidencing such policies to the following address: Carollo Engineers Risk Management Office 3100 S. Harbor Boulevard, Suite 200 Santa Ana, CA 92704 5.2 Professional Liability Insurance. A current Professional Liability insurance certificate providing minimum limits of $500,000 is required, SUBCONSULTANT shall attach the certificate to the signed Agreement before returning to ENGINEER. This Agreement is not Page 3 of 7 final and invoices cannot be paid until a Professional Liability insurance certificate is received. SECTION 6 - INDEPENDENT INVESTIGA TIONS 6.1 The SUBCONSUL T ANT has reviewed the services required under the Agreement and has made his own investigation concerning services. The SUBCONSUL TANT has determined that he has sufficient information to enter into the Agreement and perform the services called for herein. The SUBCONSUL TANT agrees and acknowledges that the ENGINEER has made no representations or warranties concerning the services provided and that the SUBCONSUL T ANT has relied solely upon his own review and investigation prior to entering into this Agreement. SECTION 7 - TERMINA TJON OF AGREEMENT 7.1 The ENGINEER may terminate this Agreement at any time by giving the SUBCONSUL T ANT written notice thereof. Upon said termination, the SUBCONSUL TANT will be reimbursed for that portion of the work H IClienlVvlend'an _ 80 1\6409a 1 D\Conlfacts\Geo T echlLongAgr doc completed prior to termination less expenses or costs incurred as a result of the SUBCONSUL T ANT's default. SECTION 8 - ENTIRE AGREEMENT 8.1 This Agreement including attachments incorporated herein by reference represents the entire Agreement and understanding between the parties and any negotiations, proposals or oral agreements are intended to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the parties. SECTION 9 - REQUIRED PROVISIONS 9.1 The SUBCONSUL TANT shall in the performance of this Agreement comply with all federal, state and local laws; and all regulations and orders issued under any applicable law. SECTION 10 - GOVERNING LAW 10.1 This Agreement is to be governed and construed in accordance with the laws of the State of Idaho. Page 4 of 7 IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement, with effective date the day and year first above written. CAROLLO ENGINEERS, A Professi rporation STRATA, INC. By: By: ~~~b~-L~ 8653 West Hackamore Drive Address By: BOise City Idaho State Principal Date 3-3 i -c 2. 83709 Zip Phone (208) 376-8200 Fax ( ) 376-8201 E-mail H. \ChentIMeridian_BOI\6409a 10\Conlracls\Geo T ech\LongAgr .doc Page 5 of 7 PROGRESS BILLING Carollo Engineers, A Professional Corporation STRATA, Inc. (SUBCONSUL TANT) 12592 West Explorer Drive, Suite 200 (Address) 8653 West Hackamore Drive (Address) Boise, 1083713 (City, State, Zip) Boise, 1083709 (City, State, Zip) (208) 376-8200 (Phone) Sent by: Date: Attn: Tim Tekippe '--'Subject: Meridian DAFT Project Carollo Project Number 6409A.10 Professional Services for the Period Ending Task Summary Current Period Job to Date Contract Limits % of Budget $ $ $ % Total Amounts Prior Billings Not Paid Progress Percent Complete (based on completed work) $4,000 $ % NOTE: Attach SUBCONSUL TANT's Current Period Invoice H.\ClienllMend,an _BOI\6409a 1 D\ConlraclslGeo TechlLongAgr.doc Page 6 of 7 SUBCONSUL TANT BILLING INSTRUCTIONS (Attach this Instruction Sheet to Agreement) SUBCONSUL TANT invoices come in a wide variety of formats. Very few offer job-to-date information that indicates progress of the job in relation to contract authorizations. The attached Progress Billing cover sheet has been designed to remedy the problem and provide the needed information in a consistent manner. The SUBCONSUL TANT's invoice should be prepared in the normal manner then attached to the Progress Billing cover sheet. When the Project is being started, the Project Manager needs to fill in some of the information on this form and provide it to the SUBCONSUL TANT for their use in preparing the monthly billing to Carollo Engineers. Address: Fill in Carollo mailing address and Attention: Subject: FiJI in the name of the Project Carollo Project Number: Fill in '--Description: This section is for recording the amounts and hours. Sometimes breakdowns of the consultant's charges will be needed. Usually it will be derived from the Scope of Services. The Project Manager should list the names of the items to be listed separately. The breakdown of the Contract limit should be completed in the "Contract Limits" column. If no breakdown is required, type in "total contract" in the description column and fill in the Contract Limit. H \Chenl\Merid1all_BOI\6409al0Iconlracls\GeoTechILongAgr doc Page 7 of 7 TASK ORDER NO.1 CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION AND STRATA, INCORPORATED This Task Order is issued by CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (ENGINEER) and accepted by STRATA, INCORPORTED (SUBCONSUL TANT) pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated the .::>\Oday of y--.----.a......c.\.._...... ,2002, in connection with improvements for Dissolved Air Flotation and Thickener Project at the Meridian, Idaho Wastewater Treatment Plant. PURPOSE The purpose of this Task Order is to define SUBCONSUL TANT's terms and conditions for furnishing geotechnical professional services as directed in the Agreement and as described below. "\ The project will consist of the following facilities: Anticipated Anticipated Plan Foundation Anticipated Foundation Loads Facility Dimensions Depth Preliminary Foundation Concept DAFT Building 50 feet x 30 feet 5 to 10 2 to 4 kips per linear foot at walls. 250 to 1000 pounds per square foot at DAFT tankage. Mat foundation below DAFT Tank. Mat foundation or strip footings below building. SUBCONSUL T ANT'S S ERVIC ES SUBCONSUL TANT's scope of services shall include the following: TASK 1 - FIELD INVESTIGATION AND INFORMATION GATHERING SUBCONSUL TANT shall perform a field investigation as follows: 1.1 Perform a site reconnaissance. 1 .2 Review available published geotechnical data applicable to the project. H\ClientlMendian_BO 116409a 1 O\ContractslGeo Tech\TOl . doc 3/21/02 91s 1 1.3 Conduct subsurface exploration. A. Arrange for permits, equipment and services required for exploration, B. Coordinate locations for drilling or test pits with City of Meridian Wastewater Treatment Plant staff to avoid existing underground utilities and minimize impacts to plant operations. Provide required traffic control. C. Notify ENGINEER of scheduled field activities at least three working days before commencing such operations. D. Provide technical observation of borings and test pits such that depth and location of borings and sampling methods can be varied to address the conditions encountered. E. Drill borings, dig test pits, obtain soil samples and do other field work and tests as required to obtain sufficient information to make recommendations in the geotechnical report. Soils shall be classified using the Unified Soil Classification System. ", F. If unusual of unanticipated subsurface conditions are encountered, immediately notify ENGINEER with a recommended course of action while the exploration crew is still in the field. G. At the conclusion of investigations and sampling, backfill and compact test pits and grout borings as required by governing statues. Remove spoil and cuttings from roadway areas and areas of present plant operations, and dispose of them as approved by the ENGINEER. Exploratory boring breakdown: Facility Explorations Anticipated Depth DAFT Building 1 Boring 25 feet DAFT Building 1 Test Pits 12 - 14 feet TASK 2 - FIELD AND LABORATORY TESTS SUBCONSUL TANT shall perform field and laboratory tests of the type and number as required to obtain sufficient information to prepare the geotechnical report. Indicate standards used for laboratory tests in the report. H. IClienl'Mendlan_BO 1\5409a 10lConlraclslGeo T echlT01.doc 3/21/02 gls 2 2.1 Laboratory tests shall include testing to provide information on the following: A Classification of soil materials in accordance with the Unified Soil Classification System (i.e., Atterberg limits and grain size). B. Grain size analysis. C. Strength. D. Moisture content and dry density. TASK 3 - GEOTECHNICAL REPORT SUBCONSUL TANT shall submit two copies of a draft and 3 copies of a final geotechnical report. A draft report shaU be submitted for the review and comment by the ENGINEER and OWNER. The final report shall incorporate changes as required by these comments. For all design values, indicate if they are allowable design values or ultimate values. This information is required to avoid use of double safety factors in the design. The report shall ,"'contain the following information: 3.1 General Information: A Provide a brief description of the site. B. Provide a list of existing geotechnical reports reviewed in preparation of the geotechnical report. C. Discuss the general and local site geology and seismicity. D. Discuss the potential for liquefaction or settlement during earthquakes. E. Provide the depth to groundwater, if encountered, whether the groundwater is perched, and the historical summary of annual groundwater fluctuations (if available). F. Provide a plan showing the locations of borings and/or test pits. On the site plan, indicate approximate distances from sampling locations to recognizable surface features at the site. G. Provide a log for each boring or test pit. Include identification number, date of sampling, depth and type of samples collected, soils identifications, results of standard penetration and cone penetrometer tests, and groundwater elevation at sampling and 24 hours thereafter. H\ClIentIMeridian _801\64 09a1 O\Contracts\Geo TechlTO 1 doc 3/21/02 gls 3 H. Provide a summary of all laboratory test data. Include test reports as an appendix to the geotechnical report. l. Discuss pertinent geotechnical factors (soil, rock, geology, and water) that could affect the design and construction of this facility. J. Describe type and location of any subsurface contamination encountered or measured during geotechnical investigation. K. Describe method of disposal of any contaminated or hazardous cuttings or excavated material encountered in subsurface exploration. L Include a statement in the body of the report and on the boring logs that the report was prepared to provide information to the ENGINEER for design purposes. 3.2 Conclusions and Recommendations: A. Recommend lateral soil pressures for backfill for use in the design of buried structures. Provide lateral pressures for soil located above and below the water tables to include the following lateral soil loads: ~, 1. Active soil pressure. 2. At rest soil pressures for stiff structures. 3. Passive soil pressures for resisting static and seismic load. 4. Soil pressures due to surcharge loadings at the surface. 5. Dynamic soil pressures due to earthquakes for the leading and lagging side of structures. If existing site soils or selected imported fill materials are designated as alternatives for backfill, provide lateral pressure information for each material discussed. 8. Recommend the type of foundation system(s) to be used. 1. If spread footings or mat foundations are recommended, recomrilend allowable spread foundation bearing pressures and minimum sizes and embedment depths for isolated, continuous, and mat foundations. It is preferred that this information should be presented in the form of a graph and consider allowable bearing pressure for different foundation dimensions and depths of embedment. For mat foundations, recommend Young's modulus, H\ClientlMeridian_BOI\6409a I DlConlracls\GeoTech\TO I.doc 3121102 gls 4 Poisson's ratio, vertical elastic modulus of subgrade reaction, and corrections required for size of the foundations. 2. Provide a coefficient of friction between the foundation and the soil or subbase for the resistance of lateral load for static and earthquake loads. C. If preloading is required, the following information shall be provided as a minimum: 1. Depth of fill required. 2. Stability of fill. 3. Time required for consolidation. 4. If necessary to reduce consolidation time, provide recommendation for wicks. 5. Effect of the fill used for preload on the adjoining structures. D. Provide information on the expected settlement and differential settlements for structures. .\ E. Recommend mitigation measures for expansive soils if applicable. F. Recommend design frost penetration depth and minimum foundation embedment below surrounding grades to protect foundations from frost heave. G. Recommend subbase requirements for foundations. H. Recommend maximum elevation of groundwater for evaluation of buoyancy effects on structures. I. Recommend maximum temporary excavation slopes and their effect on existing structures. (This information is for use by the ENGINEER during the design of the project to estimate construction costs. This information is not for use by the Contractor for the design of construction slopes.) J. Provide recommendations for stabilization or replacement of soft subgrade soils if applicable. K. Recommend 1997 Uniform Building Code seismic design coefficients and soil profile type for the project site for use in seismic design. L. Provide recommendations for excavation and site earthwork, including procedures for subgrade preparation and proper placement of fills and backfill. H\ClienllMendlan_BOI\6409a1 OIContracts\Geo Tech\ TO 1 doc 3121/02 gl5 5 M. Recommend suitable materials for site fills and for backfill around structures (I.e., native soil, imported soil, or other) and compaction requirements. TASK 4 - REVIEW OF PROJECT DRAWINGS AND SPECIFICATIONS 4.1 If so recommended in the geotechnical report, review the 90 percent complete project Drawings and Specifications on those aspects of the project related to the soil investigation and recommend changes that are required. TIME OF PERFORMANCE Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all the services required by this Agreement shall be completed within the following number of consecutive calendar days from the authorization to proceed. 1. Draft report - 21 days. 2. Final report - 7 days from receipt of comments on draft report from the ENGINEER and OWNER. "", 3. Review of Drawings and Specifications - 14 days from receipt of Drawings and Specifications. PAYMENT Payment to the SUBCONSUL TANT for services performed under this Task Order shall be based on the attached schedule of charges (Attachment A) on a time and materials basis. Equipment and miscellaneous charges shall be billed as noted on this schedule. The not-to- exceed cost limits of the SUBCONSUL TANT'S services shall be $4,000. The estimated budgets for each task are as follows: Task Budget Task No. Task Estimate Amount 1 Field Investigation and Information Gathering $1200 Field and Laboratory Tests " $0 2 3 Geotechnical Report $2400 4 Review of Project Drawings and Specifications $400 Total Not-to-Exceed Limit $4000 H\ClienlVvlendian _BOI\6409a1 O\Contracls\G eo Tech\ TO 1 doc 3/21/02 gls 6 Reasonable deviations from individual task budget estimates will be acceptable provided that the total cost does not exceed the total not-to-exceed cost limit. The total not-to-exceed cost limit will not be exceeded without prior written approval of the ENGINEER. EFFECTIVE DATE -;:E This Task Order NO.1 is effective as of the5 \ day of ~c.."""c.\--.. ,2002. IN WITNESS WHEREOF, duly authorized representatives of the ENGINEER and of the SUBCONSUL TANT have executed this Task Order NO.1 evidencing its issuance by the ENGINEER and acceptance by the SUBCONSUL TANT. CAROLLO ENGINEERS, P.C. A Professional Corporation "'BY~~ Pnnclpal STRATA, Incorporated By ~{J~ By Principal END OF SECTION HIClienllMeridlan _BOI\6409al O\ConlraclslGeoTechlTO 1 doc 3/21102 gls 7 Department Reports September 20, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Finance Department REQUEST Finance Report September 24, 2002 ITEM NO. ll-A -( AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS rt~vU Date: Phone: Materials presented ot public meetings shall become property of the City of Meridian. FINANCE REPORT Table of Contents Report Name Long Term Investment Status I nvestments and Cash WWTP - Budget to Actual Comparison Water - Budget to Actual Comparison General Fund - Budget to Actual Comparison General Fund Revenue - Budget to Actual Comparison Special Service Fund - Budget to Actual Comparison Overtime Report for FY2002 Police Dept Monthly Overtime Fire Dept Monthly Overtime Vacant Position Report Construction Project Report Capital Purchases Report - General Fund Capital Purchases Report - Enterprise Fund Police Dept capital outlay budget to actual MIP - Statement of Revenue & Expenditure Reports 1 of 1 Page # 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 CITY OF MERIDIAN LONG TERM INVESTMENT STATUS AS OF 8/31/2002 IINTEREST BEARING ACCOUNTS PORTFO DISTRIBUTION Ill!l Government Bonds liill Certificates of Deposit $18,186,206 o Advisor Money Market o Checking liill Money Market lillldaho state Pool CASH & INVESTMENT TYPE - NET YIELD 0.05 0.045 0.04 0.035 0.03 0.025 0.02 0.015 0.01 0.005 o ~.p J. 0'" " ~(Q,.., ,/00' ."ofOtfJ-'1P // G ~\~;o $991 ,540 $2,952,793 $691,790 Investment Account Balance by Fund III General Fund IIIlICap Improve Fund o Enterprise Fund o Fire Truck Fund III Latecomer Fund [!ill Park Impact Fees $30,747,591 101'1 '~>....,.. ...E;.~ . .'.".', Q) ....i... ... 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CD 0 o::t::ii: :"''''1& '"0"0 0 ',,!', '" ..."'''' '" '" ,,., 00 :.,..-: N ';',~ CD 0 CJ. ::(,0: 10 m "''''~.::! V) -ro ~ lilgg8~ .... ~. '" ~'" '" ",: ii :~ .~ .'w t: ,2 ~ Vi '2 (I) ,- 3l E 0'0 0..<( '- '- ::l 0 0."0 r:: c 0::;;1 UltL 'i: d) ru in a,,- E 0. o ..... y,S ..... c .ew '0 a) a):E u..... .:2J2 ~ <'J '-"0 Ul 0 ,- y :t= 0,1 d' E Et .- w 1:> g 0 o c ~c;j o 0 c_ ." t:;w ",,'0 ~ 0 ~;: -:::: 0 ,.. Cl- .- in E ~ 1;) :..- in <!J .- E >-'- ....t:: ro QJ ill > (1)0 ... -< b I- ...0 <(z 1-<( on: I-CI .... .- C) <.":1 QJ<::> E~ ..:!u. g,E will FI- 00 22 September 20, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT September 24,2002 ITEM NO. 5 - ( REQUEST Reimbursement Agreement to G.L. Voigt for Sewer Service - Sundance Subdivision I White Drain Sewer Trunk Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo I Agreement ~gP Contacted: Date: Phone: Materials presented oJ public meetings shall become property of the City of Meridian. M RECEIVED SEP 1 9 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. ;1w CC: File, Gary Smith, PE, City Clerk Date: 9/19/2002 Re: Proposed Agenda Item for September 24 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the September 24 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Aareement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Proiect, Carollo Enaineers. Please refer to enclosed September 12 letter from Tim Tekippe, Carollo Engineers, to me. The addendum will cover the cost of a geotechnical study for the DAFT facility to be built this fall and winter. The geotechnical study was an optional task not included in the original agreement with Carollo Engineers approved by Council December 18, 2001 because we did not know, prior to preliminary design, whether or not one would be needed. Because of hydraulic limitations at the plant, the DAFT facility will be partially submerged into the ground (approximately 5 feet). Consequently, we felt we needed proper geotechnical infonnation in order to properly design the foundation. The addendum amount is $4,400.00 ($4000 by Strata and 10% mark-up by Carollo as provided for in the already approved agreement) bringing the total agreement amount to $100,300.00. Recommended Council Action: Approve the Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project with Carollo Engineers in the lump sum amount of $4,400 and authorize the Mayor to sign and City Clerk to attest. ;Yf-- 2) Reimbursement Aareement with Sundance Limited, LLC (G.L Voiat) for Sewer Service - Sundance Subdivision / White Drain Sewer Trunk Proiect. This agreement provides for the City to install sewer services off of the White Trunk to future lots within Sundance Subdivision NO.2 and be reimbursed by the developer for the cost CD Page 1 of those services. A similar agreement with Kevin Howell, Cedar Springs was approved by City Council on August 20, 2002. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayor to sign and City Clerk to attest. 3) Award of Contract - Well No. 10 LandscapinQ Proiect. See Len Grady memo dated September 19,2002. 4) ChanQe Order NO.2 (final) - Waste Water Treatment Plant Laboratory Proiect. See Len Grady memo dated September 19,2002. Thank you for your consideration. H \9 Page 2 4I~ ~~1..1~~I1 Lel.ler of Transmittal Date: 9/18/02 Subjec . RECEIVED SEP 1 8 Z002 UERlDlAN CrrY ENGINEER To: Brad Watson, P.E. Enclosed are the following items: Date Copies No. r - Descrl~Jliull -..... 9/18/02 1 Contract for S~dance Limited, LLC)> reimburse the City for sewer servIce I '. Brad, Please review and execute this document for the referenced project. Thanks Donn These are transmitted: o For your files o For action 0 For review specified above and comment o For your use 0 As requested Sincerely, KELLER ASSOCIATES, INC. b.(5YV0 ()cq1'-tJ<VL-~ Donn Carnahan, P.E. Enclosure(s) cc: 131 SW 5TH A VENUE, SUITE A, MERIDIAN, IDAHO 83642 (208) 288-1992 If enclosures are not as noted, please notify us at once. G~L.."bIGmiQ~EUfiieMeNmG~d~/ Rh: ..2~~J1~!"~tfl~~9:;;...." ~, -. Memo To: Donn Carnahan From: Eric C. Guan CC: Date: 9-17-02 Re: White Drain Sewer Trunk "' , Donn: .1.-.....'"'..) f..{1;.'$~'.J. ,; ~ c..... ..'..~ _~_, ~~~::2:'1..~' . --'..~ ",' 1 r. . ...~...,':"oo Attached is the executed copy of the contract to install sewer services in the locations staked by our engineers for the portion of the above referenced sewer which runs through our property, to be known as Sundance Place Subdivision. If you have any questions, please call. ED Page 1 CITY OF MERIDIAN 660 E. Watertower, Suite 200 Meridian, Idaho 83642 CONTRACT PROJECT # & DESCRlPTION City of Meridian. White Drain Sanitat:y Sewer Trunk. Ten Mile Rd. to Locust Grove Rd. THIS CONTRACT, made this day of . 20~ between the City of Meridian, acting by its Mayor and Council, by the City Engineer or his authorized representative, herein called "CITY" and ,~/1k.e ~/#/~ !Le:. herein called "Developer". NOW THEREFORE, the parties hereto agree as follows: I. The City agrees to have the Contractor for the White Drain Sanitary Sewer Trunk Project construct 4" sewer services, according to City of Meridian standard sewer service connection detail 7.16(S), associated with the trunk line through the proposed Sundance Subdivision. The Developer, by signing this contract, authorizes the City to have the sewer service work constructed and the Developer agrees to reimburse the City for the cost of this work. The unit bid price established for this project is $17.50 per linear foot of 4" sewer service constructed. The Developer shall reimbursement the City within 30 days of sewer service work completion. 2. The Developer shall provide the City information on the horizontal and vertical location of the 4" sewer service stubs including noting locations were a sewer service will cross a future storm drain infiltration bed, so that sleeves can be installed at those locations. ", 3. The Developer shall provide construction staking for the 4" sewer service work. IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. CITY of Meridian Robert D. Corrie, Mayor DEVELOr-x By ;>c~~~ff Date: .1- /7-o~ By A TrEST: By: William G. Berg, Jr., City Clerk Title: Date: Date: Approved By Council: 09/16/02 BEFORE THE MERIDIAN CITY COUNCIL CIC 09-10-02 IN THE MATTER OF THE APPLICA TION OF LOMBARD ) CONRAD ARCHITECTS, THE ) APPLICA TION FOR ANNEXATION ) AND ZONING OF 40.48 ACRES ) FOR PROPOSED LINDER ROAD ) MIDDLE SCHOOL UNITL GIVEN ) ITS OFFICIAL NAME, LOCATED ) ON THE EAST SIDE OF N. LINDER ) ROAD, NORTH OF W. USTICK ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-02-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 10,2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, and Wendell Bigham, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT ] . There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page I 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 40.48 acres in size, is located on the east side ofN. Linder Road, north ofW. Ustick Road, all within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Joint School District No.2, 911 Meridian St, Meridian, Idaho 83642; and the applicant is Lombard Conrad Architects, 1221 Shoreline Ln., Boise, Idaho 83702. 5. The property is presently zoned RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as R-4, with the intent to develop and construct a middle school, presently to be known as Linder Road Middle School until given its official name, including parking and fields, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 7. The subject property is bordered to the north by Baldwin Park Subdivision, to the south and east by agricuIturalland with single-family dwellings, and to the west by agricultural land with single-family dwellings and the Bridgetower Subdivision. 8. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LA W - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 2 9. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Domestic water and sewer service to this site shall be via existing mains adjacent to the site. 2. Essential City services are available to the subject property. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance # 195). OR Dedicate 38 feet if right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) 2. Construct a 5~foot concrete sidewalk on Linder Road abutting the parcel. If the sidewalk is located within 48 feet of right-of-way from centerline, the sidewalk shall be located within the new right-of-way located 2 feet from the property line. In no case shall the sidewalk be constructed closer than 43 feet from centerline and the applicant shall provide an easement for the sidewalk. 3. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4. Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 5. Comply with all Standard Conditions of Approval. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III~A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. The facility shall be required to comply with the requirements of the 1997 Uniform Fire Code for educational facilities. Adopt the comments of the Meridian Water Department as follows: 1. The water department can provide adequate water supply for the new Middle School. Adopt the comments of Sanitary Service as follows: 1. Waste enclosures have not been provided for. 10. It is found that if the developer pays for the requested improvements and complies FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 4 with the conditions set forth in these Findings of Fact No.9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the requested zoning designation, R-4, and the requested land use, a public middle school, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map (1993), which designates the land to be "Single Family Residential". Public schools are permitted uses in the R-4 zone. 13. It is not anticipated that the land to be annexed will be rezoned in the future. 14. It is found that the property will be developed in a manner consistent with the new zonmg. Public school uses are permitted uses in the R-4 zone. 15. It is found that there have been a number oflarge subdivisions proposed (and approved) in the general area, and they will produce the need for a new middle school in this area. 16. It is found that the proposed R-4 zoning and the school use will not change the existing or intended character of the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLlCA TION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 5 17. It is not anticipated that the proposed public school use will be hazardous or disturbing to future or existing neighbors. 18. It is found that the propeliy to be annexed can be served adequately by all essential public facilities and services. 19. [t is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed middle school use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 21 . It is found that the annexation and development of the property will create interference with the existing traffic on Linder Road, however it is additionally found that the traffic will not be excessive. 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. 23. It is found that the annexation of this enclave property would be in the best interest of the City. 24. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real propeliy that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING/MlDDLE SCHOOL (AZ-02-013) Page 6 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A Goals 1 through 10, inclusive. 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at 9 11-7-2 C as follows: (R-4) Low Densitv Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and coi11ply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 7 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter il1to a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 40.48 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 40.48 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Domestic water and sewer service to this site shall be via existing mains adjacent to the site. 2. Essential City services are available to the subject propel1y. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape lITigation. FINDINGS OF FACT AND CONCLUSIONS OF LA W - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Adopt the Recommendations of the ACHD as follows: I. Dedicate 48-feet of right-of-way fi'om the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of~way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner wi H be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet if right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of~way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5- foot concrete sidewalk on Linder Road abutting the parcel. If the sidewalk is located within 48 feet ofright-of-way from centerline, the sidewalk shall be located within the new right-of-way located 2 feet "fi~om the propelty line. In no case shall the sidewalk be constructed closer than 43 feet from centerline and the applicant shall provide an easement for the sidewalk. 3. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4. Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 5. Comply with all Standard Conditions of ApprovaL Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-0] 3) Page 9 1. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 7. The facility shall be required to comply with the requirements of the 1997 Uniform Fire Code for educational facilities. Adopt the comments of the Meridian Water Department as follows: 1. The water department can provide adequate water supply for the new Middle School. Adopt the comments of Sanitary Service as follows: 1. Waste enclosures have not been provided for. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real propelty which is the subject oftlle application to (R-4) Low Density Residential District, and Meridian City Code S 11- 7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shaIl prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions ofthe annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-013) Page 10 Pursuant to Idaho Code g 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. 24"-1).. - day of By action of the City Council at its regular meeting held on the Jep~~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD COUNCIL WOMAN TAMMY de WEERD COUNCIL WOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1- 2-4-----0 Z- MOTION: APPROVED~~PROVED: VOTED _f/:!.fL..- VOTED~~ VOTED~ VOTED fie (71./ VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Bydi/&...:."t~, 9- Dated City Clerk ' ?j-"z(,--tJ2-- Z:\Work\M\Meridj~I1\Mcridiall I 5360M\Meridian Middle School AZ02-0 13\AZFfCI&OrdeLdoc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MIDDLE SCHOOL (AZ-02-0 13) Page 11 September 20, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Meridian Parks Department September 24, 2002 ITEM NO. ~ REQUEST Continued Public Hearing from September 10, 2002: Comprehensive Parks and Recreation System and Action Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: / See Previous Item Packet ~yV Contacted: Date: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. PUBLIC HEARING SIGN-UP SHEET September 24, 2002 DATE Proposed Comprehensive Parks PROJECT NAME & Recreation System and Action Plan NAME FOR AGAINST ..-..~ v~U 51: P l 't ZUlIZ CiTY orNIER1DlA1\1 /~ - Z- 4 ~ 02 C( ~ ; , ! 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"\. / ", / -..., ~/... l ~ 15'13 \ / / ~3N~08 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR SONIC DRIVE- IN RESTAURANT IN A C-G ZONE, LOCATED AT 2150 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO BOISE FOOD SERVICE, INC., APPLICANT C/C 09110/02 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CUP-02-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 10,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department, Skip Hofferber, and David Wolfe, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for September 10, 2002, before the City Council, the first publication appearing and written notice baving been mailed to property owners or purchasers of record within three hundred feet (300') oftbe external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 10,2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 2150 East Fairview Avenue, Meridian, Idaho 83642. 5. The owner of record of the subject property is James A. Kissler of 1125 West Amity, Boise, Idaho 83705. 6. Applicant is Boise Food Service, Inc. of PO Box 8986, Boise, Idaho 83707. 7. The subject property is currently zoned C-G. The zoning district of C-G is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for building a 1,406 square foot Sonic Drive-In restaurant with a drive-thru. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. The City Council recognizes the concerns of David M. Wolfe, David A. Mattson, and Doreen Mattson in their letters dated July 22, 2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 Adopt the Planning and Zoning Commission requirements that: 1. The hours of operation of said business shall not extend past 11 p.m. 2. Applicant shall place three (3) evergreen trees in the northeast corner of the lot on which the business shall be situated prior to initiation of operation by said business. The trees that are going to be placed on the comer of the lot, the three evergreen trees, shall be a minimum of not less than ten feet (10') in height. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Landscaping shall comply with the landscape ordinance. Three copies of a detailed site plan with landscaping plans shall be required prior to the issuance of a Certificate of Zoning Compliance. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code ll-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance l1-13-4C. 4. All signage shall be in accordance with the standards set f011h in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable sign age shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. As part of a conditional use permit, the City of Meridian may impose additional restricti ons/ condi ti ons. 7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality] 997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessmy applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight- obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Ce11ificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for tempormy occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 10. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 11. Provide a 5' wide pedestrian walkway along the east side of the building in accordance with City Ordinance Section 11-9-606B. Four (4) copies of a revised site plan shall be submitted with the Certificate of Zoning Compliance application. Additionally, per Council's action from their September 10, 2002 meeting the following shall be complied with: 12. The sound from the Sonic Drive-In shall not exceed a 55 decibel level at the northern property boundary, and/or the sound decibel shall be consistent with the standards in the City of Boise's noise ordinance. Adopt the recommendations of the Central District Health Department as follows: I. Central District Health Department shall require plans be submitted for a plan review for any food establishment. Adopt the recommendations of the Nampa and Meridian Irrigation District as follows: 1. The Nampa and Meridian Irrigation District requires that a Land Use Change/Site Development application shall be filed for review prior to final platting. 2. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa and Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code 931-3805. It is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 3. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, contact the District concerning the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 installation of the pressure system. Additionally, a questionnaire shall be filled out and returned in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. Adopt the comments of the Water Department as follows: 1. Locate Key Note 25 on the print. The water service location can be determined on the civil preliminary plat. 14. It is found that the subject property is large enough to accommodate the requested drive-through use and the required landscaping, parking, and other required site improvements. 15. It is found that the current Comprehensive Plan Land Use Map designates the property as "Mixed/Planned Use Development". It is also found that the development plan would be in harmony with the Meridian Zoning Ordinance and the Comprehensive Plan. 16. It is found that the proposed drive-through use wi II not change the essential character of the general vicinity, and that the use complies with the intended character of the general vicinity. 17. It is not anticipated that the proposed use will adversely affect the other property in the immediate vicinity. 18. It is found that the proposed development will be adequately served by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. It is found that no excessive smoke, fumes, glare or odors will result from the proposed use. It is not anticipated that noise from the speaker/menu board will be detrimental to adjacent properties. 21. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. 22. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter refelTed to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City COLlncilmay exercise all the powers required and authorized under the" Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the COi11l11unity; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the prope11y which shall be so designed as not to create interference with traffic on surrounding public streets; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code g 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 9 C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for building a 1,406 square foot Sonic Drive-In restaurant with a drive-thru in a C-G zone located at 2150 East Fairview, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Planning and Zoning Commission requirements that: I. The hours of operation of said business shall not extend past 11 p.m. 2. Applicant shall place three (3) evergreen trees in the northeast corner of the lot on which the business shall be situated prior to initiation of operation by said business. The trees that are going to be placed on the corner of the lot, the three evergreen trees, shall be a minimum of not less than ten feet (10') in height. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Landscaping shall comply with the landscape ordinance. Three copies of a detailed site plan with landscaping plans shall be required prior to the issuance of a Certificate of Zoning Compliance. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code ll-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-l3-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or pOliable signage shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. As part ofa conditional use permit, the City of Meridian may impose additional restri ctions/ cond i ti ons. 7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off- site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight- obscuring fence at least four feet in height in accordance with Ordinance 11":'12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 10. A Celiificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 11. Provide a 5' wide pedestrian walkway along the east side of the building in accordance with City Ordinance Section 11-9-606B. Four (4) copies of a revised site plan shall be submitted with the Certificate of Zoning Compliance application. Additionally, per Council's action from their September 10, 2002 meeting the following shall be complied with: 12. The sound from the Sonic Drive-In shall not exceed a 55 decibel level at the nOlihern property boundary, and/or the sound decibel shall be consistent with the standards in the City of Boise's noise ordinance. Adopt the recommendations of the Central District Health Department as follows: 1. Central District Health Depmiment shall require plans be submitted for a plan review for any food establishment. Adopt the recommendations of the Nampa and Meridian Irrigation District as follows: 1. The Nampa and Meridian Irrigation District requires that a Land Use Change/Site Development application shall be filed for review prior to final platting. 2. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa and Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code 931- 3805. It is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 3. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, contact the District concerning the installation ofthe pressure system. Additionally, a questionnaire shall be filled out and returned in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the I'ecommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. Adopt the comments of the Water Department as follows: I. Locate Key Note 25 on the print. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 911-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected patty requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional LIse permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 By action of the City Council at its regular meeting held on the Jep -Ie t'W~2002. , iJ:> 24 ~day of ROLL CALL: COUNCILMAN KEITH BIRD VOTED~ VOTED~ COUNCIL WOMAN TAMMY de WEERD COUNCIL WOMAN CHERIE Mc CANDLESS VOTED$'--' VOTED 1//-. COUNCILMAN WILLIAM L.M. NARY - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1-Z-4-o 2- VOTED MOTION: ~ APPROVED:~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and tbe City Attorney. By ~--:41J~ c;l City Clerk' f/ \\\11' III fIll/I \\\\\ C ~g 1111/ ,\\' -{ Or wil::IY/J'\ 1/// " 0 <-;.,' "... .{ (J c,OWOi'Vj h ''tt- ~ 1- 26-0'2-/ ~ <6 \ Dated: Z:\Work\M\Mcridian\Meridian 15360M\Sonic Drive 111 CUP02-018\FfClsCUP02-0] 8.doc - 7 - ~ (., f?:: s ~ Qv,", "Qi 0 ~ -;. () ~r1S\' .\:',:;- ..." :.d '<. ' ~ ..." ~ 70 ~>. .;:- ... 0 \0' " ,/;/ t !.'\~-:r-""( \ \,\' . /" 1.~~-,1:- t \,' , l!r;""..",j\\\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR SONIC DRIVE- IN RESTAURANT IN A C-G ZONE~ LOCATED AT 2150 EAST F AIRVIEW A VENUE, MERIDIAN~ IDAHO BOISE FOOD SERVICE, INC. APPLICANT C/C 09/10/02 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-018 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the September 10, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for building a 1,406 square foot Sonic Drive-In restaurant with a drive-thru in a C-G zone located at 2150 East Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-02-018) - 1 Adopt the Planning and Zoning Commission requirements that: 1. The hours of operation of said business shall not extend past 11 p.m. 2. Applicant shall place three (3) evergreen trees in the northeast comer of the lot on which the business shall be situated prior to initiation of operation by said business. The trees that are going to be placed on the corner of the lot, the three evergreen trees, shall be a minimum of not less than ten feet (10') in height. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Landscaping shall comply with the landscape ordinance. Three copies of a detailed site plan with landscaping plans shall be required prior to the issuance of a Certificate of Zoning Compliance. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code] 1-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance, All signage is subject to design review and shall require separate permits. Tempormy or portable signage shall be prohibited, and shall be removed upon 3 days notice to the applicant. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 6. As part of a conditional use permit, the City of Meridian may impose additional restricti onsl condi tions. 7. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-] -91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessmy ORDER CONDITIONAL USE PERMIT (CUP-02-018) -2 applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight- obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Celiificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 10. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 11. Provide a 5' wide pedestrian walkway along the east side of the building in accordance with City Ordinance Section] 1-9-606B. Four (4) copies ofa revised site plan shall be submitted with the Certificate of Zoning Compliance application. Additionally, per Council's action from their September 10, 2002 meeting the following shall be complied with: 12. The sound from the Sonic Drive-In shall not exceed a 55 decibel level at the northern property boundary, and/or the sound decibel shall be consistent with the standards in the City of Boise's noise ordinance. Adopt the recommendations of the Central District Health Department as follows: 1. Central District Health Department shall require plans be submitted for a plan review for any food establishment. Adopt the recommendations of the Nampa and Meridian Irrigation District as follows: 1. The Nampa and Meridian Irrigation District requires that a Land Use Change/Site Development application shall be filed for review prior to final platting. 2. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa and Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho ORDER CONDITIONAL USE PERMIT (CUP-02-018) -3 Code 931-3805. It is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 3. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, contact the District concerning the installation of the pressure system. Additionally, a questionnaire shall be filled out and returned in order to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. 5. Provide a 20' fire lane around the building. Adopt the comments of the Water Department as follows: 1. Locate Key Note 25 on the print. The water service location can be determined on the civil preliminary plat. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional LIse permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-02-018) -4 By action of the City Council at its regular meeting held on the 247b: day of ~~~ ,2002. Copy served upon Applicant; the Planning and Zoning Department, Public Works Department and City Attorney. ByJk~~~9- City Clerk Dated: 1--- 2b-tJ:L \,\1\\11111111/1} \\' . l>"~ III ,,\\, of iv'cRli" 1111 v"" /, "\ v~ "'l ....' c} "'po~" (4",? -> 0' ' . "'l )'; iT -;. .::- ~0 (:'''' -:;:. :::: ,... v-::. ~ ~ Z:\Work\M\Meridian\Meridian 15360M\Sonie Drive [n CUP02-018\OrderCUP.doe SEAL ;: 'Y'c, QJ- s n~~ Go ;....05 0 g <- 0 '.'3/1S\ . :t" ,;. ".<J ~ :::- rr...... . Col"..--..I '{V"," /1/1 ..1'''>\ ~ ,; \\\. II . < " . \\ fll:lil.,~ ::P~\;\\ ORDER CONDITIONAL USE PERMIT (CUP-02-018) -5 BEFORE THE MERIDIAN CITY COUNCIL C/C 09-10-02 IN THE MATTER OF THE ) APPLICATION OF TREASURE ) VALLEY BAPTIST CHURCH, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 4.39 ACRES FOR ) PROPOSED TREASURE VALLEY ) BAPTIST CHURCH, LOCATED AT) 1500 SOUTH TEARE AVE., NORTH ) OF OVERLAND ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-02-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 10,2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, and Bob Aldridge, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with aU notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 1 Ordinance No. 629, Janumy 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 4.39 acres in size, is located at 1500 South Teare Ave., north of Overland Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject propeliy is Treasure Valley Baptist Church; and the applicant is owner of record. 5. The property is presently zoned R-2, and contains a single-family residence. 6. The Applicant requests the property be zoned as L-O, with the intent to develop and construct a church on the property, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned-Use Development. 7. The subject property is bordered to the north by a Treasure Valley Baptist Church, to the south by Sportsman Pointe Subdivision, to the east by Treasure Valley Baptist Church, and to the west by industrial/warehouse buildings. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 2 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Domestic water and sewer service to this site shall be via existing mains adjacent to the site. 2. Essential City services are available to the subject property. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the ACHD as follows: ]. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance # 195). 2. Provide a $5,800.00 deposit to the Public Rights-of-Way trust fund at the District for the required street improvements of approximately 290 feet of 5 foot wide concrete sidewalk on Overland Road abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. Construct curb, gutter, 5 foot wide concrete sidewalk and match paving on Teare A venue abutting the parcel. Improvements shall be constructed to one-half of a 40 foot street section. 4. As required by District policy, restrictions on the width, number, and locations of driveways shall be placed on future development of this parcel. 5. Comply with all Standard Conditions of Approval. 6. Adopt the recommendation of ACHD: if the rezone is approved and the District receives a development proposal, the District intends to provide requirements, as listed above, in addition to any additional requirements that may apply upon ACHD's review of future development, to the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TrON AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 3 Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shaII be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. The facility shall be required to comply with the requirements of the 1997 UFC for Assembly Occupancies. Adopt the comments from the Meridian Police Department as follows: 1. The police department cautions a traffic problem with vehicles exiting from the church site on Sundays ClllTently exists. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No.9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, FINDINGS OF FACT AND CONCLUSIONS OF LA W - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-0 14) Page 4 or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the requested zoning designation (L~O) and land uses (church) are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map (1993), which designates the land to be "Mixed Planned Use Development". 13. It is not anticipated that the land to be annexed will be rezoned in the future. 14. It is found that the property will be developed in a manner consistent with the new zonmg. Church uses are permitted uses in the L-Q zone. 15. It is found that there have been no major changes in the area that would dictate how the area should be rezoned, however due to the fact that the surrounding L-Q zoned properties are used for church uses, it is also found that the L-O zoning is appropriate. 16. It is found that the proposed L-Q zoning will not change the existing or intended character of the area. 17. It is not anticipated that the proposed L-O zone will result in any future re- development that will be hazardous or disturbing to future or existing neighbors. 18. It is found that the property to be annexed can be served adequately by all essential public facilities and services. 19. It is found that there will not be additional requirements at public cost, and that the annexation and zoning will not be detrimental to the community's economic welfare. 20. It is found that the proposed church use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 21. It is found that the annexation and development of the property should not create FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 5 any additional interference with the existing traffic on Overland or Teare. All future development will require coordination with the Ada County Highway District to ensure no conflicts with nearby driveways/roadways exist or are created. 22. It is found no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. 23. It is additionally found that the annexation of this enclave property would be in the best interest of the City. 24. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex rea] property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, ]993, Ord. No. 629, January 4, 1994. 4. The following are found to be peliinent provisions of the City of Meridian FINDrNGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-0I4) Page 6 Comprehensive Plan and are applicable to this Application: 4.A Goals 1 through 10, inclusive. 5. The zoning of Limited Office District (L-O) is defined in the Zoning Ordinance at & 11-7 -2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose ofthis District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation.ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, wh ich pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance ofthe City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 7 1. The applicant's request for annexation and zoning of approximately 4.39 acres to Limited Office District (L-O) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 4.39 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Domestic water and sewer service to this site shall be via existing mains adjacent to the site. 2. Essential City services are available to the subject property. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever-.occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #] 95). FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 8 2. Provide a $5,800.00 deposit to the Public Rights-of-Way trust fund at the District for the required street improvements of approximately 290 feet of 5 foot wide concrete sidewalk on Overland Road abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required pennits), whichever occurs first. 3. Construct curb, gutter,S foot wide concrete sidewalk and match paving on Teare Avenue abutting the parcel. Improvements shall be constructed to one-half of a 40 foot street section. 4. As required by District policy, restrictions on the width, number, and locations of dri veways shall be placed 011 future development of this parcel. 5. Comply with all Standard Conditions of Approval. 6. Adopt the recommendation of ACHD: if the rezone is approved and the District receives a development proposal, the District intends to provide requirements, as listed above, in addition to any additional requirements that may apply upon ACHD's review of future development, to the City of Meridian. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Depmiment. 5. All radii shall be 28' inside and 48' outside radius. 6. The facility shall be required to comply with the requirements oft11e 1997 UFC for Assembly Occupancies. Adopt the comments from the Meridian Police Department as follows: 1. The police depmiment cautions a traffic problem with vehicles exiting from the church site on Sundays cunently exists. FINDINGS OF FACT AND CONCLUSIONS OF LA W - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 9 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real propelty which is the subject of the application to (L-O) Limited Office District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code S 67 -6521 an affected person is a person who has an interest in real propelty which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 .d-.f5-- f day of Jip~~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED2Ci..- COUNCIL WOMAN TAMMY de WEERD VOTED~?L COUNCILWOMAN CHERIE Mc CANDLESS VOTED2Pf...-- FrNDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 10 ( COUNCILMAN WILLIAM L.M. NARY VOTED ---f/!!..- t<- -- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9r-24--tJ2- VOTED MOTION: ~ APPROVE~ROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJl~ ~ ~ Cfoaled City Clerk f 9-26,-tJi- ~ -r'^ /--:,.. "-"";4 << . C' Z:\ WorklM\Mcrid i~ll\Mcri d ian 15360 M\ TrcasllJ'c Va Ilcy Baptist Ch urch AZ02.0 14 \AZFfC I&Ol'dcr.doc // // III ' , 01 r' ",-'( i i ~ . FINDINGS OF FACT AND CONCLUSIONS OF LA W . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-0 14) Page I] September 20,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT September 24, 2002 ITEM NO. 3- J REQUEST Award of Contract - Well No. 10 Landscaping Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: See Attached Memo f U~ Contacted: Date: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. RECEIVED SEP 1 9 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. ~ W- ee: File, Gary Smith, PE, City Clerk Date: 9/19/2002 Re: Proposed Agenda Item for September 24 City Council Meeting The Public Works Department respectfully requests that the following item be placed on the September 24 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Aoreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Proiect. Carollo Enoineers. Please refer to enclosed September 12 letter from Tim Tekippe, Carollo Engineers, to me. The addendum will cover the cost of a geotechnical study for the DAFT facility to be built this fall and winter. The geotechnical study was an optional task not included in the original agreement with Carollo Engineers approved by Council December 18, 2001 because we did not know, prior to preliminary design, whether or not one would be needed. Because of hydraulic limitations at the plant, the DAFT facility will be partially submerged into the ground (approximately 5 feet). Consequently, we felt we needed proper geotechnical information in order to properly design the foundation. The addendum amount is $4,400.00 ($4000 by Strata and 10% mark-up by Carollo as provided for in the already approved agreement) bringing the total agreement amount to $100,300.00. Recommended Council Action: Approve the Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project with Carollo Engineers in the lump sum amount of $4,400 and authorize the Mayor to sign and City Clerk to attest. 2) Reimbursement Aoreement with Sundance Limited, LLC (G.L. Voiot) for Sewer Service - Sundance Subdivision / White Drain Sewer Trunk Proiect. This agreement provides for the City to install sewer services off of the White Trunk to future lots within Sundance Subdivision NO.2 and be reimbursed by the developer for the cost flit Page 1 of those services. A similar agreement with Kevin Howell, Cedar Springs was approved by City Council on August 20, 2002. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayor to sign and City Clerk to attest. *' 3) Award of Contract - Well No. 10 Landscaping Project. See Len Grady memo dated September 19, 2002. 4) ChanQe Order NO.2 (final) - Waste Water Treatment Plant Laboratory Project. See Len Grady memo dated September 19, 2002. Thank you for your consideration. H ED Page 2 .RECEIV D SEP 1 9 2002 City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 9/19/2002 Re: Proposed Agenda Items for September 24, 2002 City Council Meeting lfii The Public Works Department respectfully requests the following items be placed on the September 24 City Council agenda, under Department Reports, for Council's consideration: ChanQe Order #2 (Final) for VVWTP Laboratory Proiect - Guho Corporation. The original contract for this project was $478,450. Attached is a summary of additional work required to complete this project totaling $2,579. In addition, change order#1 for $12,312 was approved 2/26/2002, which added conversion of the Old Laboratory into a lunchroom. Attached is a summary of additional work required to complete the remodel of the Old Laboratory totaling $2,382. Therefore, the total change order amount requested is for $4,961 bringing the total construction cost to $495,712 and completes this project. Recommended Council Action: The Public Works Department recommends that City Council approve the Change Order #2 for $4,961 to Guho Corporation, which will complete construction of the WVVTP Laboratory and remodeling of the old Laboratory. * Award of Contract - Well No. 10 LandscaoinQ Proiect. Three bids were solicited for this project as seen below: From the desk of... Hoffman's Landscaping Turn-Key Guho Corporation Non Responsive No Response Lenard Grady StalIF..Ilgineer Meridian l'ubIk: Wodc; Department 660 E. Watertowef, Suite 200 Meridian, Idaho 83642 $18,500 (208) 898-5500 Fax: (208) 887-1291 gmdyI@ci.meridian.idus After discussions with Hoffman's Landscaping it was determined that they had failed to include concrete and paving costs. Turn-key decided to not submit a bid. o Page 1 Recommended Council Action; The Public Works Department recommends that the City Council approve award of the contract for the Well No. "10 Landscaping Project to Guho Corporation for $18,500 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. Ell Page 2 September 20, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST September 24, 2002 ITEM NO. 3- fL, Change Order No.2 (final) - Waste Water Treatment Plan Laboratory Project: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: Contacted: COMMENTS See Attached Memo vV tz p r'fO Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. M RECEIVED SEP 1 9 2002 City Of Meridian City Clerk Office To: Mayor Corrie & City Council From: Brad Watson, P.E. ti w CC: File, Gary Smith, PE, City Clerk Date: 9/19/2002 Re: Proposed Agenda Item for September 24 City Council Meeting The Public Works Deparbnent respectfully requests that the following item be placed on the September 24 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Proiect, Carollo Engineers. Please refer to enclosed September 12 letter from 11m Tekippe, Carollo Engineers, to me. The addendum will cover the cost of a geotechnical study for the DAFT facility to be built this fall and winter. The geotechnical study was an optional task not included in the original agreement with Carollo Engineers approved by Council December 18,2001 because we did not know, prior to preliminary design, whether or not one would be needed. Because of hydraulic limitations at the plant, the DAFT facility will be partially submerged into the ground (approximately 5 feet). Consequently, we felt we needed proper geotechnical information in order to properly design the foundation. The addendum amount is $4,400.00 ($4000 by Strata and 10% mark-up by Carollo as provided for in the already approved agreement) bringing the total agreement amount to $100,300.00. Recommended Council Action: Approve the Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project with Carollo Engineers in the lump sum amount of $4,400 and authorize the Mayor to sign and City Clerk to attest 2) Reimbursement Agreement with Sundance Limited, LLC (G.L. Voigt) for Sewer Service - Sundance Subdivision / White Drain Sewer Trunk Proiect. This agreement provides for the City to install sewer services off of the White Trunk to future lots within Sundance Subdivision No. 2 and be reimbursed by the developer for the cost 49 Page 1 of those services. A similar agreement with Kevin Howell, Cedar Springs was approved by City Council on August 20, 2002. Recommended Council Action: Approve reimbursement agreement with Sundance Limited, LLC and authorize the Mayor to sign and City Clerk to attest. 3) Award of Contract- Well No. 10 Landscapinq Proiect. See Len Grady memo dated September 19,2002. 7ft ~ 4) Chanoe Order NO.2 (final) - Waste Water Treatment Plant Laboratory Project. See Len Grady memo dated September 19, 2002. Thank you for your consideration. M o Page 2 RECEIVED SEP 1 9 2002 City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 9/1912002 He: Proposed Agenda Items for September 24, 2002 City Council Meeting Ifill The Public Works Department respectfully requests the following items be placed on the September 24 City Council agenda, under Department Reports, for Council's consideration: :-.'t Chanae Order #2 (Final) for WWTP Laboratory Proiect - Guho Corporation. The original contract for this project was $478,450. Attached is a summary of additional work required to complete this project totaling $2,579. In addition, change order #1 for $12,312 was approved 2/26/2002, which added conversion of the Old Laboratory into a lunchroom. Attached is a summary of additional work required to complete the remodel of the Old Laboratory totaling $2,382. Therefore, the total change order amount requested is for $4,961 bringing the total construction cost to $495,712 and completes this project. Recommended Council Action; The Public Works Department recommends that City Council approve the Change Order #2 for $4J961 to Guho Corporation, which will complete construction of the WWTP Laboratory and remodeling of the old Laboratory. Award of Contract - Well No. 10 Landscaping Proiect. Three bids were solicited for this project as seen below: From the d1sk of. .. Hoffman's Landscaping Turn-Key Guho Corporation Non Responsive Lenard Grady Staff Engineer Meridian Public Wmks Dcpartrncnl 660 R'WalcrtowCl', Suite 200 Meridian, Idaho 83642 No Response $18,500 (208) 898--5500 Fax: (208)887-1297 grady1@cimeridian.idus After discussions with Hoffman's Landscaping it was detennined that they had failed to include concrete and paving costs. Turn-key decided to not submit a bid. e Page 1 Recommended Council Action: The Public Works Department recommends that the City Council approve award of the contract for the Well No. 10 Landscaping Project to Guho Corporation for $18,500 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. o Page 2 Change Order #2 - WWTP Laboratory Heat Weld Vinyl Floor Seams $ Install Check Valves Required by Water Dept. $ Install Bench Seat in Change Room $ Install Hand Rails Required on Steps $ Install Concreate Steps to Complete Landscaping $ Refrigerator Exchange $ Use Standard Lumber In Lieu of Treated Lumber in Rafters $ Additional Plumbing for Autoclave, DI water etc $ Total for New lab $ Substitute Vinyl for Carpet $ Install Additional Support Apparent After Removal of Wall $ Additional Electrical Outlets/Circuits $ Total for Old Lab $ Grand Total $ 435.00 1,247.00 509.00 688.00 506.00 (3,554.00) (510.00) 3,258.00 2,579.00 897.00 692.00 793.00 2,382.00 4,961.00 TASK ORDER NO.2 CITY OF MERIDIAN (OWNER) AND CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (EN~'NEER) This Task Order is issued by the OWNER and, ;z... to the mutual promises, covenants and conditionf. n ./ ~ ~ '" 0 named parties dated the 18th day of Septeml vl Dissolved Air Flotation Thickener Project {Project, ?ursuant e above h: The PURPOSE i J ! The ENGINEER's scope of services, time of complet _. i and compensation shall be as set forth herein. Services shall generally be described as geotechnical engineering services for design of a dissolved air flotation thickener for the OWNER's wastewater treatment plant. ENGINEER'S SERVICES Refer to attached Carollo sub-contract with Strata Geotechnical Engineering and Material Testing. PROJECT DELlVERABLES The following deliverables will be prepared as part of the project: A. Draft and Final Geotechnical Report. COMPENSA TION Subconsultants shall be invoiced at ENGINEER's cost plus ten (10) percent. All other direct costs shall be invoiced at the actual cost. ENGINEER's total compensation for the Scope of Services identified in this Task order shall not exceed the amount of four thousand, four hundred dollars ($4,400.00), without additional authorization from OWNER. The ENGINEER shall submit monthly statements to the OWNER. based on the ENGINEER's labor and expenses accrued at the time of billing. OWNER shall make monthly payments in response to ENGINEER's statement. EFFECTIVE DATE This Task Order No.2 is effective as of the 24tl1day of S'p-kW"\bQ.Y- , 2002. -1- IN WITNESS WHEREOF, duly authorized representatives of the ENGINEER and of the OWNER have executed this Task Order No.2 evidencing its issuance by OWNER and acceptance by ENGINEER. COL)Y\~ll: CJ - 24 - 0 '2. -2- '. -.ol.. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 6409A.1 0 ~T This AGREEMENT made and entered into this ~\ day of ~O-(c..\.-.-. , 2002 by and between Carollo Engineers, A Professional Corporation, (hereinafter "ENGINEER"), and STRATA, Inc. (hereinafter "SUBCONSUL TANT"). WITNESSETH: WHEREAS, the ENGINEER and the SUBCONSUL TANT wish to enter into an Agreement (hereinafter "Agreement") for the furnishing of services in connection with City of Meridian Dissolved Air Flotation Thickener Project (hereinafter "Project"), and WHEREAS, the SUBCONSUL TANT possesses the qualifications to perform the necessary services for the ENGINEER in connection with the Project, and NOW THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, it is agreed as follows: SECTION 1 - GENERAL 1.1 The services herein required, shall be set forth in the attached Task Order. In performance of these services, the SUBCONSUL TANT shall provide qualified, and where required, licensed personnel. The Task Order shall include designation of a Project Manager and, if required by ENGINEER, a list of proposed personneL The SUBCONSUL TANT shall promptly notify the ENGINEER of any changes in his initial organization. 1.2 Jt is intended that each additional Task Order sequentially numbered setting forth the SUBCONSUL TANT's Services, Time of Performance, and Payment, or any other conditions, shall become a supplement to and a part of this Agreement H:IClienllMelldian _BO 116409a1 OIContraclslGeo TechlLongAgr.doc SECTION 2 - PAYMENT 2.1 Compensation for providing services referred to in Section 1 shall be detailed in the attached Task Order. 2.2 The SUBCONSUL TANT may submit invoices to the ENGINEER once per month. Invoices shall be prepared in such form and supported by documentation as the ENGINEER may reasonably require. All such invoices shall be reviewed and approved by the ENGINEER before submittal to the OWNER and shall contain the ENGI N EER's Progress Billing statement, attached to this Agreement. 2.3 Following receipt of reimbursement from the OWNER, payment will be made to the SUBCONSUL TANT within 30 days for the value of the partially completed services, less any amounts previously paid on account, Page 1 of 7 less retainage, but only if required by the OWNER. 2.4 Final payment of any balance will be made upon completion of the SUBCONSUL TANT's services and acceptance by the OWNER SECTION 3 - TIME OF PERFORMANCE 3.1 The Time of Performance under this Agreement shall be defined in the attached Task Order. 3.2 The SUBCONSUL TANT shall report from time to time as requested by the ENGINEER, its progress under this Agreement. The SUBCONSUL TANT shall plan its performance of services to accomplish its timely completion, and shall promptly notify the ENGINEER of any anticipated delay which may affect the SUBCONSUL TANT's Time of Performance. 3.3 In the event the SUBCONSUL TANT falls behind schedule for an unreasonable period of time for reasons within its control, the ENGINEER has the option to exercise any of the following: a. Extend the SUBCONSUL TANT's work day or work week. b. Require additional qualified staff to be assigned to the Project. c. Termination of Agreement. 3.4 The SUBCONSUL TANT shall remain on accelerated schedule (Paragraphs a and b above), until such time as the ENGINEER determines the SUBCONSUL TANT's progress conforms to Time of Performance requirements. All premium costs of the accelerated schedule shall be borne solely by the SUBCONSUL TANT. ~I ;IClienllMendlan _ 801164 09a 1 OIContractslG eo T echlLongAgr doc SECTION 4 - LEGAL RELATIONS 4.1 The SUBCONSUL TANT is for all purposes an independent contractor. In no event shall the SUBCONSUL TANT or any personnel retained by the SUBCONSUL TANT be deemed to be an agent or employee of the ENGINEER or engaged by the OWNER for the account of or on behalf of the ENGINEER. Full control of means and methods of work including provisions for required safety precautions shall be the responsibility of the SUBCONSUL TANT. 4.2 The SUBCONSUL T ANT shall be responsible to the level of competency presently maintained by other practicing professional consultants performing the same or similar work in the state where the project is located. 4.3 The SUBCONSUL TANT agrees to indemnify, hold harmless and defend the ENGINEER and the OWNER, their principals, partners, officers, agents, and employees from and against all claims, loss, damage, (Qc-vo.""\eilJt.attorney's fees, charge or expense to which they or any of them may be put or subjected to arising out of or caused in whole or in part by any negligent act or omission of the SUBCONSUL TANT, or anyone directly or indirectly employed by the SUBCONSUL TANT, excepting any such injury or damage as may be caused by the sole negligence of the ENGINEER. 4.4 ENGINEER and SUBCONSUL TANT shall each defend, indemnify and hold harmless the other and their respective principals, directors, officers, employees and agents from and against claims, loss, liabilit~ suits and damages, includin~Wo'r'R~y s fees caused in whole or in part by the negligent acts, errors or omissions or Page 2 of 7 willful misconduct of the ENGINEER or SUBCONSUL TANT, respectively, anyone directly or indirectly employed by either of them or anyone for whose acts they may be liable regardless of whether or not such claim, loss, liability or damage is caused in part by the party indemnified hereunder. In the event that both ENGINEER and SUBCONSUL T ANT are negligent and the negligence or willful misconduct is the proximate cause of any liability or damages, then in such event, each party shall be responsible for a portion of the liability or damages resulting therefrom equal to such party's comparative share of the total negligence or willful misconduct. 4.5 If the SUBCONSUL TANT shall fail to complete the services as detailed in the attached Task Order, to the detriment of the ENGINEER, the SUBCONSUL TANT shall reimburse the ENGINEER for any costs incurred by ENGINEER because of such default of the SUBCONSUL TANT. 4.6 In the event of legal action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amount for fees, costs and expenses, including attorney's fees, as may be set by the court or the actual costs incurred by the prevailing party if the dispute does not reach final judgment. 4.7 The SUBCONSUL T ANT shall not make, sublet or assign any of the services covered by this Agreement, except with the prior written approval of the ENGINEER and in compliance with the terms, provisions and conditions of the Agreement. The H\ClientlMeridia n_BQI\6409al OIContractslGeoTechlLongAgr. doc SUBCONSUL TANT shall not separately solicit or accept any assignment from the OWNER related to the Project during the life of the Agreement without the ENGINEER's written approval or unless the ENGINEER is terminated by the OWNER under the provisions of the prime Agreement. 4.8 The SUBCONSUL TANT shall, upon request and without cost, provide ENGINEER and the OWNER all directly pertinent books, documents, papers and records including electronic data of the SUBCONSUL TANT involving transactions related to this Agreement. SECTION 5 - INSURANCE 5.1 Business Insurance. SUBCONSUL TANT shall maintain, at its own expense, 1) Workers' Compensation and Employer's Liability pursuant to state law, and 2) Commercial General Liability and Automobile Liability with limits at or above that which is reasonably required of other firms in the industry for their protection and management of business risks. If requested, SUBCONSUL T ANT shall promptly furnish to ENGINEER insurance certificates evidencing such policies to the following address: Carollo Engineers Risk Management Office 3100 S. Harbor Boulevard, Suite 200 Santa Ana, CA 92704 5.2 ProfessionalUabilitv Insurance. A current Professional Liability insurance certificate providing minimum limits of $500,000 is required. SUBcONSUL T ANT shall attach the certificate to the signed Agreement before returning to ENGINEER. This Agreement is not Page 3 of? final and invoices cannot be paid until a Professional Liability insurance certificate is received. SECTION 6 - INDEPENDENT INVESTIGA TIONS 6.1 The SUBCONSUL TANT has reviewed the services required under the Agreement and has made his own investigation concerning services. The SUBCONSUL TANT has determined that he has sufficient information to enter into the Agreement and perform the services called for herein. The SUBCONSUL TANT agrees and acknowledges that the ENGINEER has made no representations or warranties concerning the services provided and that the SUBCONSUL T ANT has relied solely upon his own review and investigation prior to entering into this Agreement. SECTION 7 - TERMINATION OF AGREEMENT 7.1 The ENGINEER may terminate this Agreement at any time by giving the SUBCONSUL TANT written notice thereof. Upon said termination, the SUBCONSUL TANT will be reimbursed for that portion of the work H:\Clien [1M endlan_8 0 116409a1 DlConlracls\Geo T echlLongAgr.doc completed prior to termination less expenses or costs incurred as a result of the SUBCONSUL TANT's default. SECTION 8 - ENTIRE AGREEMENT 8.1 This Agreement including attachments incorporated herein by reference represents the entire Agreement and understanding between the parties and any negotiations, proposals or oral agreements are intended to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shalf be in writing and signed by the parties. SECTION 9 - REQUIRED PROVISIONS 9.1 The SUBCONSUL TANT shall in the performance of this Agreement comply with all federal, state and local laws; and all regulations and orders issued under any applicable law. SECTION 10 - GOVERNING LAW 10.1 This Agreement is to be governed and construed in accordance with the laws of the State of Idaho. Page 4 of 7 IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement, with effective date the day and year first above written. CAROLLO ENGINEERS, A Profess! rporation STRATA, INC. By: By: ~~~f/~l.-- 8653 West Hackamore Drive Address By: Boise City Idaho State Principal Date 3-3 i -(; 2. 83709 Zip Phone (208) 376-8200 Fax ( ) 376-8201 E-mail H :IClientiMeridian_BOI\6409a1 O\ContraclslGeo Tech\LongAgr doc Page 5 of 7 PROGRESS BILLING Carollo Engineers, A Professional Corporation STRATA, Inc. (SUBCONSUL TANT) 12592 West Explorer Drive, Suite 200 (Address) 8653 West Hackamore Drive (Address) Boise, ID 83713 (City, State, Zip) Boise, ID 83709 (City, State, Zip) (208) 376-8200 (Phone) Sent by: Date: Attn: Tim Tekippe Subject: Meridian DAFT Project Carollo Project Number 6409A.10 Professional Services for the Period Ending Task Summary Current Period Job to Date Contract Limits %of Budget $ $ $ % Total Amounts Prior Billings Not Paid Progress Percent Complete (based on completed work) $4,000 $ % NOTE: Attach SUBCONSUL TANT's Current Period Invoice H:ICJienllM eridian _ BOI\640 9a 1 O\Contracts IGeo T echlLongAg r.doc Page 6 of 7 SUBCONSUL TANT BILLING INSTRUCTIONS (Attach this Instruction Sheet to Agreement) SUBCONSUL TANT invoices come in a wide variety of formats. Very few offer job-to-date information that indicates progress of the job in relation to contract authorizations. The attached Progress Billing cover sheet has been designed to remedy the problem and provide the needed information in a consistent manner. The SUBCONSUL TANT's invoice should be prepared in the normal manner then attached to the Progress Billing cover sheet. When the Project is being started, the Project Manager needs to fill in some of the information on this form and provide it to the SUBCONSUL TANT for their use in preparing the monthly billing to Carollo Engineers. Address: Fill in Carollo mailing address and Attention: Subject: FiJI in the name of the Project Carollo Project Number: Fill in Description: This section is for recording the amounts and hours. Sometimes breakdowns of the consultant's charges will be needed. Usually it will be derived from the Scope of Services. The Project Manager should list the names of the items to be listed separately. The breakdown of the Contract limit should be completed in the "Contract limits" column. If no breakdown is required, type in "total contract" in the description column and fill in the Contract limit. H:\ChentIMeridian_BO 116409a1 O\Contracts\Geo TechllongAgr.doc Page 7 of 7 TASK ORDER NO.1 CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION AND STRATA, INCORPORATED This Task Order is issued by CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (ENGINEER) and accepted by STRATA, INCORPORTED (SUBCONSUL TANT) pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated the J\ ::;'~ay of ~c..v"c.h..- , 2002, in connection with improvements for Dissolved Air Flotation and Thickener Project at the Meridian, Idaho Wastewater Treatment Plant. PURPOSE The purpose of this Task Order is to define SUBCONSUL TANT's terms and conditions for furnishing geotechnical professional services as directed in the Agreement and as described below. The project will consist of the following facilities: Anticipated Anticipated Plan Foundation Anticipated Foundation Loads Facility Dimensions Depth Preliminary Foundation Concept DAFT Building 50 feet x 30 feet 5 to 10 2 to 4 kips per linear foot at walls. 250 to 1000 pounds per square foot at DAFT tankage. Mat foundation below DAFT Tank. Mat foundation or strip footings below building. SUBcONSUL T ANT'S SERVICES SUBCONSUL T ANT's scope of services shall include the following: TASK 1 - FIELD INVESTIGATION AND INFORMATION GATHERING SUBCONSUL TANT shall perform a field investigation as follows: 1.1 Perform a site reconnaissance. 1.2 Review available published geotechnical data applicable to the project. H:\ClienllMeridian_BO 116409a 1 O\ContractsIGeoTech\TO 1.doc 3/21/029IS 1 1.3 Conduct subsurface exploration. A. Arrange for permits, equipment and services required for exploration. B. Coordinate locations for drilling or test pits with City of Meridian Wastewater Treatment Plant staff to avoid existing underground utilities and minimize impacts to plant operations. Provide required traffic control. C. Notify ENGINEER of scheduled field activities at least three working days before commencing such operations. D. Provide technical observation of borings and test pits such that depth and location of borings and sampling methods can be varied to address the conditions encountered. E. Drill borings, dig test pits, obtain soil samples and do other field work and tests as required to obtain sufficient information to make recommendations in the geotechnical report. Soils shall be classified using the Unified Soil Classification System. F. If unusual of unanticipated subsurface conditions are encountered, immediately notify ENGINEER with a recommended course of action while the exploration crew is still in the field. G. At the conclusion of investigations and sampling, backfill and compact test pits and grout borings as required by governing statues. Remove spoil and cuttings from roadway areas and areas of present plant operations, and dispose of them as approved by the ENGINEER. Exploratory boring breakdown: Facility Explorations Anticipated Depth DAFT Building 1 Boring 25 feet DAFT Building 1 Test Pits 12 -14 feet . , TASK 2 - FIELD AND LABORATORY TESTS SUBCONSUL TANT shall perform field and laboratory tests of the type and number as required to obtain sufficient information to prepare the geotechnical report. Indicate standards used for laboratory tests in the report. H :\ClienllMendian_BOI\6409al OIConlracls\GeoTech\TO 1 ,doc 3/21102 gls 2 2.1 Laboratory tests shall include testing to provide information on the following: A. Classification of soil materials in accordance with the Unified Soil Classification System (Le., Atterberg limits and grain size). S. Grain size analysis. C. Strength. D. Moisture content and dry density. TASK 3 - GEOTECHNICAL REPORT SUBCONSUL TANT shall submit two copies of a draft and 3 copies of a final geotechnical report. A draft report shall be submitted for the review and comment by the ENGINEER and OWNER. The final report shall incorporate changes as required by these comments. For all design values, indicate if they are allowable design values or ultimate values. This information is required to avoid use of double safety factors in the design. The report shall contain the following information: 3.1 General Information: A. Provide a brief description of the site. B. Provide a list of existing geotechnical reports reviewed in preparation of the geotechnical report. C. Discuss the general and local site geology and seismicity. D. Discuss the potential for liquefaction or settlement during earthquakes. E. Provide the depth to groundwater, if encountered, whether the groundwater is perched, and the historical summary of annual groundwater fluctuations (if available). F. Provide a plan showing the locations of borings and/or test pits. On the site plan, indicate approximate distances from sampling locations to recognizable surface features at the site. G. Provide a log for each boring or test pit. Include identification number, date of sampling, depth and type of samples collected, soils identifications, results of standard penetration and cone penetrometer tests, and groundwater elevation at sampling and 24 hours thereafter. H:ICfient'Mendian_BOI\6409a1 OIConlraclslGeoTechl TO i .doc 3/21/02 915 3 H. Provide a summary of all laboratory test data. Include test reports as an appendix to the geotechnical report. I. Discuss pertinent geotechnical factors (soil, rock, geology, and water) that could affect the design and construction of this facility. J. Describe type and location of any subsurface contamination encountered or measured during geotechnical investigation. K. Describe method of disposal of any contaminated or hazardous cuttings or excavated material encountered in subsurface exploration. L. Include a statement in the body of the report and on the boring logs that the report was prepared to provide information to the ENGINEER for design purposes. 3.2 Conclusions and Recommendations: A. Recommend lateral soil pressures for backfill for use in the design of buried structures. Provide lateral pressures for soil located above and below the water tables to include the following lateral soil loads: 1. Active soil pressure. 2. At rest soil pressures for stiff structures. 3. Passive soil pressures for resisting static and seismic load. 4. Soil pressures due to surcharge loadings at the surface. 5. Dynamic soil pressures due to earthquakes for the leading and lagging side of structures. If existing site soils or selected imported fill materials are designated as alternatives for backfill, provide lateral pressure information for each material discussed. B. Recommend the type of foundation system(s) to be used. 1. If spread footings or mat foundations are recommended, recommend allowable spread foundation bearing pressures and minimum sizes and embedment depths for isolated, continuous, and mat foundations. It is preferred that this information should be presented in the form of a graph and consider allowable bearing pressure for different foundation dimensions and depths of embedment. For mat foundations, recommend Young's modulus, H;\ClienllMendian_BOI\64 09al OIContracts\GeoTechlTO 1.doc 3/.21/02 gls 4 Poisson's ratio, vertical elastic modulus of subgrade reaction, and corrections required for size of the foundations. 2. Provide a coefficient of friction between the foundation and the soil or subbase for the resistance of lateral load for static and earthquake loads. C. If preloading is required, the following information shall be provided as a minimum: 1. Depth of fill required. 2. Stability of fill. 3. Time required for consolidation. 4. If necessary to reduce consolidation time, provide recommendation for wicks. 5. Effect of the fill used for preload on the adjoining structures. D. Provide information on the expected settlement and differential settlements for structures. E. Recommend mitigation measures for expansive soils if applicable. F. Recommend design frost penetration depth and minimum foundation embedment below surrounding grades to protect foundations from frost heave. G. Recommend subbase requirements for foundations. H. Recommend maximum elevation of groundwater for evaluation of buoyancy effects on structures. I. Recommend maximum temporary excavation slopes and their effect on existing structures. (This information is for use by the ENGINEER during the design of the project to estimate construction costs. This information is not for use by the Contractor for the design of construction slopes.) J. Provide recommendations for stabilization or replacement of soft subgrade soils if applicable. K. Recommend 1997 Uniform Building Code seismic design coefficients and soil profile type for the project site for use in seismic design. L. Provide recommendations for excavation and site earthwork, including procedures for subgrade preparation and proper placement of fills and backfill. H:IClienllMeridian_801\6409a1 OIConlractslGeo TechlT01 ,doc 3121/0291s 5 M. Recommend suitable materials for site fills and for backfill around structures (i.e., native soil, imported soil, or other) and compaction requirements. TASK 4 - REVIEW OF PROJECT DRAWINGS AND SPECIFICATIONS 4.1 If so recommended in the geotechnical report, review the 90 percent complete project Drawings and Specifications on those aspects of the project related to the soil investigation and recommend changes that are required. TIME OF PERFORMANCE Work shall be undertaken and completed in a sequence assuring expeditious completion, but in any event, all the services required by this Agreement shall be completed within the following number of consecutive calendar days from the authorization to proceed. 1 . Draft report - 21 days. 2. Final report - 7 days from receipt of comments on draft report from the ENGINEER and OWNER. 3. Review of Drawings and Specifications - 14 days from receipt of Drawings and Specifications. PAYMENT Payment to the SUBCONSUL TANT for services performed under this Task Order shall be based on the attached schedule of charges (Attachment A) on a time and materials basis. Equipment and miscellaneous charges shall be billed as noted on this schedule. The not-to- exceed cost limits of the SUBCONSUL TANT'S services shall be $4,000. The estimated budgets for each task are as follows: Task Budget Task No. Task Estimate Amount 1 Field Investigation and Information Gathering $1200 2 Field and Laboratory Tests '. $0 3 Geotechnical Report $2400 4 Review of Project Drawings and Specifications $400 Total Not-to-Exceed Limit $4000 H:\ClientlMeridian_BOI\6409a 1 mContracts\GeoTech\TO 1 .doc 3/21102 gls 6 Reasonable deviations from individual task budget estimates will be acceptable provided that the total cost does not exceed the total not-to-exceed cost limit. The total not-to-exceed cost limit will not be exceeded without prior written approval of the ENGINEER. EFFECTIVE DATE ;t This Task Order NO.1 is effective as of the5 \ day of ~c..."""'c\.-..... ,2002. IN WITNESS WHEREOF, duly authorized representatives of the ENGINEER and of the SUBCONSUL TANT have executed this Task Order NO.1 evidencing its issuance by the ENGINEER and acceptance by the SUBCONSUL TANT. CAROLLO ENGINEERS, P.C. A Professional Corporation BY~~ Principal STRATA, Incorporated By W~f~ By Principal END OF SECTION H:IClienllMeridian _B0116409al OIConlractslGeo Tech\ TO 1 .doc 3/21/02 gls 7 Meridian City Council Meetin~ September 24. 2002 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, September 24, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie McCandless and William Nary. Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Will Berg, Ken Bowers, Rita Cunningham, John Shawcroft, and Dean Willis. Item 1: RolI~call Attendance: Roll call. X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: At this time, then, I will open the regular City Council meeting on Tuesday, September 24th, 2002, at 7 :00 p.m. in t he City Council Chambers and have the city clerk give us the roll-call attendance, please. Item 2: Adoption of the Agenda:. Corrie: Council, you have seen the agenda, Item No.2, and the adoption of that agenda, we have changed Item 12 on the executive session, as we have already had that, so we can delete No. 12. Are there any other changes or additions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we adopt the agenda as published, with the exception of removing Item No. 12, which was the executive session, since it has already been taken care of. Nary: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as stated, with the exception of Item 12, which was already performed on the agend-a. If that is -- any other discussion? All those in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: Meridian City Council Meeting September 24, 2002 Page 2 of 53 A. Approve minutes of August 22, 2002 City Council Special Meeting: B. Approve minutes of August 27, 2002 City Council Regular Meeting: C. Approve minutes of September 10, 2002 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 02- 013 Request for annexation and zoning of 40.48 acres from RUT to R-4 zones for a Meridian Middle School for Joint School District NO.2 by Lombard Conrad Architects - east side 0 f North Linder Road, north of West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 02- 014 Request for annexation and zoning of 4.39 acres from R-2 to L-Q zones for Treasure Vallev Baptist Church by Treasure Valley Baptist Church - 1300 South Teare Avenue: F. Findings of Fact and Conclusions of Law for Approval: CUP 02-018 Request for a Conditional Use Permit for a 1 ,406 square foot Sonic Drive In restaurant with a drive-thru in a C-G zone in an existing shopping center by Boise Food Service, Inc. - 2150 East Fairview Avenue: G. Sewer Easement for Meridian Settlers Park - Howell-Murdoch Development Corporation: H. Addendum to Agreement for Professional Services - Waste Water Treatment Plant Dissolved Air Flotation Thickener Project, Carollo Engineers: I. Reimbursement Agreement to G.L. Voigt for Sewer Service - Sundance Subdivision I White Drain Sewer Trunk Project: J. Award of Contract - Well No.1 0 Landscaping Project: K. Change Order No. 2 (final) - Waste Water Treatment Plant Laboratory Project: L. Resolution No. 02-391 : Approving Annual CPI Rate Adjustment for Solid Waste Collection Services by Sanitary Services Company: Meridian City Council Meeting ! September 24, 2002 Page 3 of 53 Corrie: Item 3, the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move we approve the Consent Agenda as noted and for the Mayor -- to authorize the Mayor to sign and Clerk to attest on all ordinances and resolutions and change orders, contracts, and et cetera. Nary: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda as written. Any further discussion? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I just want to point out to the Council J had left a copy of a sound pressure decibel level that I was to secure off the internet. We have had that as part of the Findings of Fact and Conclusions of Law for approval of Sonic Drive-In and I wanted to simply have this for Council's example as to where we set that decibel level, that 55 decibels is reasonable in light of what it shows, what the range of different types of noises are. ] would also report we had set that at 55, because that had been the city of Boise's requirement for speaker systems such as that. At the time Sonic was approved in Boise that was the standard on their CUP. They no longer have such standard in Boise, they don't allow them at all within 300 feet of residences, so they wouldn't even be allowed in this particular circumstance, so I think, again, this is very reasonable that we set it and I just wanted to give you a copy of that so you could see that. Corrie: Thank you, Mr. Nary. Any other discussion? Hearing none, roll call, please, on the Consent Agenda. Roll-call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved. MOTION CARRIED: ALL AYES. Item 4: Department Reports: A. Finance Department: 1. Finance Report: September 20,2002 MERIDIAN CITY COUNCIL MEETING APPLICANT September 24,2002 ITEM NO. LP REQUEST Continued Public Hearing from August 27,2002: Wastewater Pretreament Program Fees and Adjustments AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Previous Item Packet toP /' V p/~~5 rY ,rII1?l~ f UI' JA r,;pJ LJ)~~ ~p lj}fU ' f~e Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. Proposed Pretreatment Fees July 2002 RECEIVED SEP 2 4 2002 CITY OF MERIDlAL~ Plan ReView & Final Inspection .. Pretreatment Applicatlon Fee- New Commercial Construction (other than shell construction) $150.00 .. Commercial Pre~reatment ApplicatIon Fee Tenant Improvement for Shell $150.00 .. Follow -up Inspection Fee $42.50 per inspection o After N.O.V. (Notice of Violation) of their preset scheduled pumping time has been issued, they have 5 working days to pump out grease interceptor Samplinq Fee: $85.00 Includes cost of labor, use of sampler, supplies, plus cost of independent lab analYSiS This includes 2 trips= 5 labor hours Surveillance: $42.50 per hour Monitoring of an entity found In ViolatIon with probable cause. PLUS: Laboratory (at actual billed cost of independent lab analysis) "Fees derived from hourly rate of personner Permits .. SIU - (Significant Industnal User) 5 years (unless otherwise specified) $500.00 and up depending on compleXity and time requirements. o Applicant must sign acknowledgement of permit during building application. All fees will be paid to the Building Department prior to Certificate of Occupancy is issued for the completed permit. · MIU - (Minor Industrial User) Review Need for Permit every 3 years. Fees are dependent upon investigational requirement. .. Septage Hauler Permit $50.00 per calendar year. Renewable with truck inspection and current Central District Health Permit. All costs are based on the followlnq charqes: Vehicle - Personnel - Misc. Equipment - $25.00/ hour 1117 34/ hour based on $3K1mnth $10,00/ day Samplers , I '~. I j: .l.1 ,() /.11" PUBLIC HEARING SIGN~UP SHEET September 24, 2002 DATE Wastewater Pretreatment Program PROJECT NAME Fees and Adjustments NAME FOR AGAINST CErv l"~ 1\ J. -- C C'D , l~ ?OO? ~ {'11f1T\V f1I~ itrn 'R TnT A 7%f ~~ ..:;., -M.~~'" ". DATE PROJECT NUMBER PROJECT NAME PUBLIC HEARING SIGN-UP SHEET Jk~gt 27 I 2-002- b(Cl8i:to~-fcr fre--t:r&:L--tf11eA-ui 7lr&?raJr7 fees j Ilolir, NAME FOR AGAINST AUG 21 2002