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
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September 24, 2002
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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
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September 24, 2002
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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
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September 24, 2002
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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)
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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
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~%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 $0.12 per month for unlimited weekly
service with curbside recycling,
The percentage of change by various categories of rates is shown in Table 1. The
percentages vary with the different types of systems that we operate because each has
a different percentage that is disposal.
Table 1
Percentage of Rate Change by System
Residential rates 1.22%
Commercial can rates 1,18% - 0.26%
Commercial container rates 1.11%
Commercial compactor rates 0,83%-0.94%
-
Temporary container rates 1.10% -1.34%
Miscellaneous services 1.35%
Rolloff Services 1.35%
A more detailed analysis is available to the Mayor, Council or City staff upon request. If
further information is necessary we would appreciate treating the information as
"business confidential."
E ~ hA.,\r.;.t A
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Public Data Query
Page I of I
u.s. Department of Labor
Bureau of Labor Statistics
Bureau of Labor Statistics Data
www.bls.govlJ
)_Jo+cr. I ft.... f...C....
BlS HonH~ I Pronr."ltl1::> PI SurvoP.:vs I GiP.'t O~~t.i1ilod ~~i~tt.~tics i Gros:s~rv I Wh;lt'::,; Nr~v'-! I Find It! In DOL
Change Output Options: From:/1992 iI 10:12002.if 1$
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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
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MAYOR
Robert D. Corrie
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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/
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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:
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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
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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
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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.
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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
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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
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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
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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
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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
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UI' JA r,;pJ
LJ)~~ ~p
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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