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2004-10-26 CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, October 26, 2004 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: X Shaun Wardle 0 Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Budget Related Items I Report: Approve COLA & Merit with no affect on STEP Program 4. Ordinance for City Attorney: Place on Regular Agenda November 3, 2004 5. Ordinance for City Council Meetinq Time and Dates: Ordinance 02~ 958 needs to be codified 6. Discussion of North Meridian Area Plan: Staff will meet with ACHD staff 7. Discussion of Storm Water Drainage Ponds: Staff will meet with ACHD Staff. * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - October 26, 2004 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 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday~ October 26, 2004 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: L Shaun Wardle () Christine Donnell ~ Charlie Rountree -X- Keith Bird --K...- Mayor Tammy de Weerd 2. Adoption of the Agenda: ~Vle.. 3. ~ Budget Related Items I Report: ~V".t:. Ct:;1(.,4- f ~ ';'" ~/}4v JrU> A Pk.c4'- tn-- .r1'""c fJ ro ya. n-J Ordinance for City Attorney: '4U~~ /?/eu:.e ~~a-r'-p- 11~'J/o4- Ordinance for City Council Meeting Time and Dates: -/>L tndil'lJ:V;vc,.(...r t?Z- - q~~ ~.r fa k Cf?c//' ;r Discussion of North Meridian Area Plan: r..,?,itH uN7( ~ J<,Jfrt..- ~ rlz-F? Discussion of Storm Water Drainage Ponds: J1'zH Mil fl-.U-.r /diJ1.-.- /JC.1f~ tf"ja#- 4. 5. 6. 7. * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - October 26, 2004 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 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, October 26, 2004 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Budget Related Items I Report: 4. Ordinance for City Attornev: 5. Ordinance for City Council Meetina Time and Dates: 6. Discussion of North Meridian Area Plan: 7. Discussion of Storm Water Drainage Ponds: * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - October 26,2004 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 888-4433 at least 48 hours prior to the public meeting. C<<;;;;diarl J~f MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Kei th Bird Charles M. Rountree Shaun Wardle NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 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, October 26,2004 at 6:00 P.M. The Parks & Recreation 11 E. Bower Street 888-3579/ fax 898-5501 Meridian City Council will be discussing agenda items which are on the Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533/ fax 888-6854 regular scheduled City Council meeting as well as the following issues; ~ Budget Related Items / Report: Police 1401 E. Watertower Lane 888-6678/ fax 846-7366 - Ordinance for City Attorney Ordinance for City Council Meeting Time and Dates Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 898-9551 ~ Discussion of North Meridian Area Plan ~ Discussion of Storm Water and Drainage Ponds - Building 660 E. WatertowN Lane Suite 150 887-2211/fax 887-1297 The public is welcome to attend the meeting. DATED this 22nd of October, 2004. \\\1\\11111111/ \\11 M II1I "~II d Of EIYI.^ 1;;/ ,,~, Vi // }", c} o~POF14):: ~1- ~~ .... ~G (:'A ... ~ ~ v:::: - ~ - . - . - . - . - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 , .... - Water 2235 N. W 8th Street 888-5242/ fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE NIERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-FAX 888-4218 HUL\N HESOURCES-Fi\X 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOH'S OFFICE- FAX 884.811 9 October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Budget Related Items I Report October 26, 2004 iTEM NO. 3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE OEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER; Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 26, 2004 ITEM NO. 4 REQUEST Ordinance for City Attorney 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance ~~ {#~rP"r ~ r Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meellngs shall become property of the City of Meridian. November 24, 2004 MERIDIAN CITY COUNCIL MEETING November 30, 2004 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of October 26, 2004 Pre-Council 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, October 26,2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle 0 Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Budget Related Items I Report: Approve COLA & Merit with no affect on STEP Program 4. Ordinance for City Attornev: Place on Regular Agenda November 3, 2004 5. Ordinance for City Council Meetin~ Time and Dates: Ordinance 02- 958 needs to be codified 6. Discussion of North Meridian Area Plan: Staff will meet with ACHD staff 7. Discussion of Storm Water Drainage Ponds: Staff will meet with ACHD Staff. 'I< Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - October 26, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. lJ.nvon,.:. .rf~irinn :::U'Y!':nmmnrl;:dinn fnr rliQ~hiliti,l:/llc;z rpl::lltpri tn rlnr-IJmAntc:. ~nrl/"r hQ;::IIrinnc. Meridian City Pre-Council MeetinQ October 26. 2004 The Meridian City Pre-Council meeting was called to order at 6:11 P.M. on Tuesday, October 26, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle and Charlie Rountree. Members Absent: Christine Donnell Others Present: Bill Nary, Brad Watson, Bill Musser, Kenny Bowers, Anna Canning, Doug Strong and Will Berg. Item 1. Roll-call Attendance; o Christine Donnell X Keith Bird X Shaun Wardle X Charlie Rountree X Mayor Tammy de Weerd Bird: Tuesday October 26, 2004 at 6:11. Would you please call roll Mr. Clerk. Item 2. Adoption of the Agenda: Bird: Council you see the agenda. I'd accept a motion to accept the agenda as published if no changes. Rountree: So moved. Wardle: Second. Bird: Okay it's been moved and seconded to adopt the published agenda. All in favor say aye. Opposed. MOTION CARRIED: ALL AYES Item 3. Budget Related Items I Report: Approve COLA & Merit with no affect on STEP Program: Bird: Number three is Budget Related Items Report and I believe that was asked to be tabled to November 16th. De Weerd: What's that? Bird: The budget items that they were going to do. De Weerd: No. Mr. President. Meridian City Pre-Council Meeting October 26, 2004 Page 2 of 13 Bird: Yeah. De Weerd: I believe that Mr. Nary has a report. Mr. Nary. Nary: Thank you Mr. President, members of the Council. This is a continuation item we had discussion last week. This is regarding the cost of living raise for general employees. We had a department directors meeting today and discussed this matter as well. The current policy, which we are looking at amending. The current policy mandates a 1.5 percent cost of living increase annually to all employees. What the particular language in the policy indicates is that it applies to all non-union employees and it says it's separate and apart from pay for performance and the police step program. The police step program was already approved by this Council back during the budget process and that was already factored into the budget. There is approximately a three percent increase for the different steps; it varies from about two and a half to three percent increase depending on the different steps. What the discussion today with the department of directors was the Councils interpretation, because of the way the language is there is probably two different ways of reading that particular provision. My reading of it and my interpretation of it was because that step program is funded separately from the general employees cost of living or merit raises that are imposed that that was the way that police increases were funded and maintained and that the application of the 1.5 percent went to all the other general employees, separate from the union, separate from police. Again because of the way the language reads it certainly can be read to be done in conjunction with the step program which would mean an increase of approximately 4.5 percent to the police and there would probably not be much money left for even the cost of living increase for the general employees, if that interpretation were adopted, but I think it's the Council's purview to review that and to make that decision, but my recommendation is that - and the Department Directors were in agreement with - that the police step program continue to be funded as it has been, that the 1.5 percent be an across the board increase for all the other general employees that are not in the step program and not in the union and then in conjunction with that there is money in there for a merit based for general employees along with that and what had been discussed previously was for - there used to be four categories in the evaluation process and I always get them mixed up as to which one was first competent, satisfactory or satisfactory, competent, I can't remember which one is first - De Weerd: -- satisfactory. Nary: -- satisfactory and then excels and outstanding and I can't remember which one is first, outstanding or excels - I am new. They grouped them in four different categories and the margins between them are fairly small and it wasn't much distinction that you could identify and separate between those categories, What we recommended and discussed at the Department Director's meeting today was to group the excels and outstanding as one category for merit and the Meridian City Pre~Counci1 Meeting October 26, 2004 Page 3 of 13 competence/satisfactory in a separate category grouped together so there wouldn't be four areas of merit, there would merely be two. We are as we have said before working on a different performance review process and a different form to use to improve it and to hopefully make it better than what's been there, I heard the message very loudly for the last four weeks that people are not happy with the program. I think I have said it a lot before that as well, so I know we need to get better, but there is money budgeted to be able to accomplish that, pay for performance and merit increases as well and we need your approval and we are also meeting with the benefits committee next Monday to also go over these different things with them as well. I think, I guess we would probably need a motion from the Council to approve that strategy and in bringing forth both the cost of living increases for general employees as well as the police step program being separate and apart from that as well as the merit pay. Did I forget something, Madame Mayor? De Weerd: No, Mr. President. Bird: Yes, Madame Mayor. De Weerd: Just to add one other thing to that and it's true we have emphasized, put in bold, underscored that the need to have a better plan for you during your budget discussions next summer and there will be a subcommittee that will be put together to dedicate to that. Not only fine tuning the pay for performance and how to deal best with that to improve our performance evaluation process, but also to take a look at the step program and make sure that - there are some loose ends in a lot of these different things, so it's just to have a real firm package in front of you next year, so every time these questions come up and interpretations have been solved before we have to go through this again. So, I that's really all I have to add to this portion of that discussion. Bird: Any discussion, Council? Rountree: I have none. Bird: I've got a question. Are the evaluations going to be the same as we have seen at the budget time? Are we still using those evaluation forms for this year? De Weerd: Mr. President. Yes, we have been working on behavior values catalysts and it has gone through a lot of participation from our staff. Will, Bill and Anna have been leading this effort and we have gotten a lot of feedback and participation from that. We just want to make sure that whatever is in there that is tied to the values that the Council earlier defined are measurable and that they are fair and consistent throughout. As far as the general areas and then each Department can get a little bit more specific, but now that we have someone in HR that can help pull all of that together as well, we should have something by the end of the year. Meridian City Pre-Council Meeting October 26, 2004 Page 4 of 13 Nary: Mr. President. Bird: Yes, Nary: In addition, one of the challenges is that we don't do evaluations once; we do them as the employee anniversary comes up. So, if you don't use the existing forms to this point until we get a new one, then all of those people who have already been evaluated can't get assessed properly and can't get those increases. So, we don't have an interim fix. We have to come up with a new program and institute it and go forward, but because we don't do it once, we do it constantly, that's the challenge. Bird: I understand that and I know we are going to get a new format real quick, which we really need. Okay, so, Council, we need to act upon what Mr. Nary suggested? Wardle: Mr. President. Bird: Mr. Wardle, Wardle: I just have a quick question. Certainly I agree with separating the step program from the COLA increase that we agreed upon, to save some left over for merit increases and to work towards fixing that system. I know that the last discussion we had Councilman Bird had some questions on whether things were retroactive or not and I am just wondering, Bill, if you found anything that would have suggested that that was so. Does that make sense? Nary: Mr. President, Councilman Wardle I went back - I don't have the minutes, I didn't have an opportunity to get the minutes. I did discuss it with the Finance staff and they had not in the past given retroactive raises. That had not been the norm. That hadn't been part of the discussion either in July as applying it retroactively, so - at least to this point without anything more than that I would stick with what was already approved last week, which was to make it going forward when employees have past their six month anniversary time or if they have completed their personal improvement plan program and then have that increase go forward. Wardle: Just another quick question. Would you like this in the form of a resolution? How do we need to make this -? Nary: I think a motion is adequate to simply approve - essentially, more than anything last week what the motion was, was to approve the 1.5 percent. This way - what I want to clarify is the separation of that police step program from the general 1.5 percent and that there is money and the Council is comfortable with that division for merit increases between separating - it's a two categories verses Meridian City Pre-Council Meeting October 26, 2004 Page 5 of 13 four categories and what we are looking at is a one percent increase for those in the satisfactory I competent range for merit and a two percent for those that are in the excels and outstanding. So, if those are all things that the Council is comfortable with you can do that in one motion or if you want to do it in pieces or parts because you don't want all of that, that's your choice. Bird: Mr. Wardle do you have a motion? Wardle: I was going to say so moved. Mr. President, I move that we accept th3e 1.5 percent cost of living raises for all of the employees, outside of the police step program, in addition to the comments, which were made towards working towards the levels of competency in an additional merit raise. Bird: And that's also one percent - doesn't that apply to the union, plus the police step, right? Nary: Right. Bird: Okay. That's what your motion stated? Wardle: That's my motion. Bird: Okay, do I hear a second? Rountree: Second. Bird: Any discussion? If not, we have a motion to approve the 1.5 percent COLA for all employees excluding the police step and the union and the merit will be one and two percent for superior and average or whatever it was - competent. All in favor? ALL AYES. MOTION CARRIED. Bird: Mr. Nary, you can go on with that. Nary: Thank you, Mr. President. The other thing to - just to make Council aware, I am as I said meeting with the benefits committee on Monday regarding our benefits that we did meet with the Department Directors today. I think I mentioned last week that we were able to through our consultant for our benefits through our Blue Cross and the like, we should have the - after the benefits committee reviews it on Monday, next Wednesday's Council meeting we will be able to bring that back to you as to what our increase is going to be. We got a good result with our increase through our consultant at a level that's within our budget. The program, I think, is going to be very acceptable to the employees, but we want to let the process work itself out, but I just wanted to give you a heads up about that. Meridian City Pre~Council Meeting October 26, 2004 Page 6 of 13 Item 4. Ordinance for City Attornev: Nary: I gave this to you a couple of weeks ago. As I indicated at the time what I did was I took the current duties and tried to enhance this to make it a little bit more - today when I look at this ordinance, some of this stuff hasn't been changed since 1955. I tried to bring it a little bit more up to this century and added in some other duties that I felt were important. Besides that - you have had a couple of weeks; if you are comfortable with it you can certainly move it to the agenda. If you have other questions about it, you are certainly welcome - you know, I am certainly welcomed for any feedback that you have or if you want to set this over to have more time. I was just trying to get this partly in place because we are looking to hire a deputy city attorney and this would add it to that ordinance as well, so it's clear that it's part of the duties of the deputy city attorney and again, most of the stuff I think is important philosophically as well as responsibility wise for the attorney to be in charge of and included the Human Resources function since that's now a part of the city attorney's responsibilities for the city. It's not a separate department any longer. If there was other questions, Council, like I said if you are comfortable with it you are welcome to move it to the agenda; if you want me to make further changes I can do that. Bird: Council, have you had a chance to look it over and have any suggestions or -? If we have worked on it since 1955 that speaks well of our Mayors and Council and employees since 1955, Nary: There were some in 1999. Bird: Well, we stayed up to date. Council, what's your desire? Rountree: Mr. President, I would suggest that we get this on the agenda for adoption. Wardle: If that's a motion, I second it. Nary: We can put it on next Wednesday. That would be fine? Rountree: That's fine, Bird: Is that the Council's desire? Works for me. Item 5. Ordinance for City Council Meetina Time and Dates: Nary: The last item, Item 5 was the City Council meeting times and dates and Mr. Berg was good enough to find - I must really like this ordinance because I was the one that moved to approve back in 2002. In 2002 we amended it to try to get current with it as well and the service doesn't have it updated. Because I Meridian City Pre-Council Meeting October 26, 2004 Page 7 of 13 took what was off the current service off the Intemet that shows that the old ordinance was still in place, You don't need to pass this (inaudible) some clarifications in the one I drafted and added a little bit, so it's really your pleasure on whether or not you want to put this on with some new - there is some new language regarding the altemate meetings on the Wednesday night after the election. There are some altemate language in regards to that most - the other conduct and procedure for the meetings is found in a different section of the code, but it's not necessary. So, it isn't necessary for you to add this unless you wish. It looks like it was amended. It probably meets most of the things, unless Mr. Berg thinks there is something else that we needed from a meeting standpoint, if he felt that was important, but otherwise, I just wanted to make sure it was updated and it looks like the code service hasn't updated it and it isn't us. Bird: Mr. Clerk have you got any suggestions or anything, you know, basically - ? Berg: Mr. President, members of the Council and Madame Mayor reviewing what we approved in 2002, I think it pretty much covered the intent of what we wanted to change, of course Bill has found some a little bit detailed, fine tuning, maybe if it's desired just to get it in our current codified code and if there is some things that come up, which I am sure we are going to have some things in this next year to update other things, that if you want something else changed, I think it does take the intent of what we wanted to do with it for our Tuesday Council meetings. I don't know if there is any real specific things other than Bill has worked out some details that explains some more things. In general, I think it's pretty much the same. Bird: We just need to get this to Sterlings, is that right Mr. Clerk? Berg: Yes, Mr. President, I am checking on a few other things to make sure things weren't - slipped through the cracks. I will find out, but I don't know why this one, for whatever reason was not codified. Bird: Council, what is your pleasure? Rountree: Mr. President, I have a question and comment first. I don't see any need to modify it at this point and time. It seems to have taken care of what we thought wasn't taken care of. If we do propose changes, do we need (inaudible - --) some ordinance, somewhere (inaudible --) appropriate ordinance or is that at the discretion of Council and (inaudible)? Nary: Mr. President, Councilman Rountree. I guess I missed your question. If you want to make changes to any other ordinance, do you need to do it at Pre- Council, is that what you are asking? Meridian City Pre-Council Meeting October 26, 2004 Page 8 of 13 Rountree: No, there is no mention of Pre-Council in this ordinance. Is there mention in some other ordinance that --? Nary: Now, the Pre-Council meeting, Councilman Rountree - the Pre-Council meeting is noticed up as a separate meeting of the Council. It isn't listed on here because it's not regular, it's not always at six, it's not required to have it. So, that's why it wasn't put in there. Rountree: All right that's fine. Without that I don't see any need to modify it at this point. So, let's just get it codified. Bird: Shaun do you --? Wardle: I agree. Bird: And I would agree. Mr. Clerk do you have something more to add? Berg: Yes, Mr. President, just a comment that the Pre-Council are special meetings, We notice them just like they are special meetings. Rountree: -- they follow the special meeting ordinance? Berg: Right. It would be nice maybe somewhere down the road if we are always going to have a Pre-Council that you could put it under ordinance, but right now, they are just a special meeting and we notice all the items on the agenda and then we, of course, post the agenda. Item 6. Discussion of North Meridian Area Plan: Bird: Madame Mayor did you head this up? De Weerd: Mr. President I guess I as we set the agenda last week it will be a topic of discussion. We thought November 1 st, but since that has been changed to a date yet to be determined. Berg: Madame Mayor you are looking at me for a comment. I am sorry; we might as well bring this up too as you were trying to get me to arrange with the Ada County Commissioners a meeting to discuss these next two items, specifically and have staff kind of have some things arranged for that discussion. It's been kind of a difficult time for a couple of the Commissioners because it is election time and then Sherry Hubert is out of town on the first and she is kind of an important one that we need to have on board with our discussion. So, if there are some dates that the Council may want me to try to get a commitment on, I can sure try, but it's been kind of one of those time periods that it is difficult to get every body together. Meridian City Pre-Council Meeting October 26, 2004 Page 9 of 13 De Weerd: Now, you suggested November 15th. Does that work for --? Bird: That doesn't work for us. Berg: It doesn't work with CharliR De Weerd: Eleven thirty we could all maybe meet. We thought that maybe we could just meet prior to COMPASS because 11 :30 we would be done. COMPASS doesn't start until 1 :30, but I know that probably won't- Rountree: Well, I am not sure I'm going to even be back in town for the COMPASS meeting, let alone that meeting on the fifteenth. I might be back by 1 :00 or 1 :30. De Weerd: Okay. Well, it just - Mr. President, I am sorry - it emphasized that we probably should have discussion on these two areas before we met with the Commissioners. I think most of us are aware of the issues on the storm water drainage ponds. I wanted to give staff an opportunity to update you as to where we are at with North Meridian since we last met with the Commissioners, but since the meeting is not next week, we could always give staff a little bit more time. I don't know. I know Doug is certainly prepared to talk about the storm water drainage ponds and ACHD's proposal that the city takes on the responsibility and maintenance for those because he was going to talk to it at the joint meeting. If you would like to have that conversation now or we can reset it to another date closer to whenever we meet jointly. Bird: What would you prefer Council? Rountree: Madame Mayor, just a point of clarification before we talk about that is I thought it was my understanding that when we met with ACHD last on the North Meridian area that we would set up a special meeting, but prior to that meeting staff would get together and has that occurred? De Weerd: I don't know. Canning: Mr. President, Council member Rountree it has not yet, but we scheduled one for next Tuesday to discuss that and just for clarification because I want to make sure that I understood you correctly. What I understood from that meeting was two things: city staff would work on a way to incorporate eventual right of way verses immediate right of way needs into their staff reports and basically securing the eventual right of way and that the other one was that ACHD would try and come up with some incentives for intersection improvements, a long list of developmental proposals, so was there any other issues that the Council thought that we needed to discuss at that meeting? Rountree: I think that those were the two big items. Meridian City Pre-Council Meeting October 26,2004 Page 10 of 13 De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess my statement to ACHD is we have these open-ended findings that either we need to fill in the blank or delete them. That was probably what you had just mentioned could be incorporated into those, but I guess staff needs to get together and really talk about that as our two entities and then the development community needs to be brought into that discussion as well. More as to what are we doing with those findings and the window of opportunity every time we issue a building permit is lost and so we either need to do something with that finding or we need to get it out of our development, just need to close it out. So, that was the essence of that and because we wanted to make this a priority they said let's meet again and then we can meet again on the item that we didn't have time to discuss. Canning: President Bird, Mayor De Weerd - okay this is one of those times where I am going to get myself into trouble here. I thought that ACHD closed that issue, Madame Mayor. I thought they had said no we can't do anything with that finding. That's what I came away with from that meeting and apparently he didn't and I don't know - Rountree: I don't remember hearing that. Canning: Well, staffs will talk about it. Item 7. Discussion of Storm Water Drainage Ponds: Bird: Council should we listen, we have got a few minutes to Doug's presentation on the storm drainage ponds or are we just going to have it closer when we meet with them? Rountree: They might change their mind between now and then, Bird: Well, I know that. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I guess there is a couple of issues and even one that has kind of presented itself with the same ponds, but right now we have a real ugly mess at the corner of Overland and Main Street or Highway 69, whatever it is right now and there needs to be some solution to that. I guess maybe I would like to encourage before we get together as well that our staffs could get together on that issue. So, whatever is brought in front of Council and the Commission, we Meridian City Pre~Council Meeting October 26,2004 Page 11 of 13 have good information to help set a direction for that, costs associated and those kinds of things. These drainage ponds are in entry corridors and they are extremely important to our community that they are visually pleasant and not a weed pile and those kinds of things. We also wanted to bring in the discussion on the storm water drainage ponds in Ashford Greens that the citizens brought to our attention and get an update on that. I guess I would just ask since this joint meeting is not next Monday, if staff can get together with ACHD staff and have more specifics and maybe even a proposal that Council and Commission can consider that would be very helpful. Wardle: Mr. President. Bird: Mr. Wardle. Wardle: And Doug, correct me if I am wrong, but I think one of the immediate issues for the storm water drainage is we had a request from ACHD for the City of Meridian to maintain the storm water drainage on the comer of Franklin and Locust Grove and at this point we had an opportunity to have some landscaping inputs. Was that correct, Doug? Strong: Mr. President, Councilman Wardle at this point that is correct. We have been requested to sign an agreement to maintain that particular drainage pond and there is a landscape plan for it that we have had the opportunity to review and looking at it, it looks like a low maintenance plan that would require periodic maintenance throughout the season. So, that's where we are with it right now and I think one of the questions to answer is potential cost of maintaining that that would impact a future budget. The contractor would maintain that area, I believe, up to one year and I would need to clarify that. I think I read in a contract during the time that it's being installed and is maintained for a period of time after that, I think it's a year, but that may not be accurate. Wardle: Okay. Strong: So, we have time in saying that to include some consideration for additional costs for maintenance if we decided to assume it in our 2006 budget cycle. Wardle: Mr, President. Bird: Go ahead, Mr. Wardle. Wardle: Thank you, Doug and I hadn't heard that they were going to - or the contractor was going to maintain it for a year thinking that we needed to make a decision on that fairly rapidly, but if we have a year, I think it would probably be a good discussion to have with the rest of the drainage ponds included. Meridian City Pre-Council Meeting October 26, 2004 Page 12 of 13 Strong: Thank you. Bird: Council any other - if not, we are done with our meeting. I would entertain a motion to adjourn. De Weerd: Mr. President. Bird: Madame Mayor. De Weerd: I just want to make sure you have a couple of dates in front of you, the destination 2030 limited plan update is they had an open house today at COMPASS and they will have another one- Bird: It's still going. De Weerd: And they have another one Thursday the 28th from four to seven over in Boise, This isn1t as - it's kind of a technicality at this point. But, where we really need the input is the November workshop for the communities in motion and this is the more extensive and the broader look on our long range planning for transportation. Also the one in Boise is going to be combined with Ada County Guide Plan so that's going to take on a little bit broader scope than the two dates in Nampa. Those dates are November 16th from nine to noon and Nampa as well is the 16th from six to nine and that's the nine to noon is at the Hispanic Center and the nine to or the six to nine is at the Hampton Inn. Wednesday it's in Boise. It has both the morning and the evening and that's at the Best Western Vista Inn at the airport and that's from nine to noon or six to nine. It's very important not only if you have the opportunity to attend, but to get our community involved because their input is absolutely crucial. So, there is my (inaudible). Rountree: Take all your friends and relatives. De Weerd: I just wanted to - at our Director's meetings we always have a section in there on applause to recognize the good things that are going on and the good deeds and Council was brought up today as very appreciative of your support of the K-9 training facility and the comments that were made at the Council meeting. It really opens up and encourages community participation and support and it was note worthy enough that you made it into the applause. I just wanted to let you know that. Rountree: Feels so good. Bird: Anything else, Council? Shaun you got anything? Wardle: I move we adjourn. Meridian City Pre-Council Meeting October 26, 2004 Page 13 of 13 Rountree: Second. Bird: All in favor? ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:00 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ( ** TX CONFIRMA1.uN REPORT ** /. I AS OF OCT 22 '04 17:44 PAGE. 101 CITY OF MERIDIAN -----------------~------------------------------~------~------~-----------~----------------- DATE TIME TO/FROM 32 10/22 17:43 PUBLIC WORKS MODE MIN/SEC PGS CMD~ STATUS EC--S 1010' 25" eel 209 OK YU/}...r\L V (Jest '-\O~ Y\JPII t;\Jcn Ll- JV\C.tVntJL.~ " MAYOR Tammy de Weerd Cln COUNCIL MEMBERS WiIIi"m L. M, N;\ty Keith Bird Charles M. RtltIlitree Shalln Wardle NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCil CITY DJ.:I'AKJMENTS Fire 54!} E. l'mnklln Road 888-12.31/ fax 895-0390 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, October 26. 2004 at 6:00 P.M. The I'Mk~ 8< Recreation 11 n. Bower Stwel IlSa-3579/fax 898-5501 Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: Planning, & Zor.ing 660 E. Watertower Lane Suite 2.02 864-.5533/ fax 888-6854 ]'olke 14U1 .13, Watertower Lane 88B-6678ffilX 8%-7366 - Budget Related Items I Report: - Ordinance for City Attorney - Ordinance for City Council Meeting Time and Dates l'llblic Work~ 6&0 1::. WloIt\!rtower Lane Suite 2.00 598-5500/ tax 898-9551 - Discussion of North Meridian Area Plan - Discussion of Storm Water and Drainage Ponds - ~uilding 660 E. WaLel'lowcr Lane Suite 150 88i-2211/fax 887-1297 The public is welcome to attend the meeting. DATED this 22nd of October, 2004. . Sewer (WWrr) 34tH N. Ten Mile Road 588-2191/ (ax 584-0744 - Water 2235 N. W, 8th Street 686-52421 fax 684-1159 CITY HALL 33 EAST lDAHO AVENUE MERID1AN, I!)AIIO 83642 (208} R8R-4433 (:II \ GI.I;H1\-I'ilX $884218 HU~IM~ Ht;:;OUHCIZS-F,IX BH4.8723 FJ~ANC!C 8< U'tlI.lTI' ~!I,UNv-I'AX 881.4813 ~),\\'()r(;; ()~'~'ICE-Il,;( 884.8110 ( ** TX CONF I k. ; ION REPORT ** ( AS OF OCT 22 '134 ~~;27 PAGE. 131 CITY OF MERIDIAN 131 02 03 134 05 136 07 08 139 113 DATE TIME TO~FROM 10/22 18:18 ALL AMERICAN INS 10/22 18:18 2138 895 03913 10~22 18'19 1283131313413 IB~22 18:213 2138 387 6393 10/22 18:21 AD~ CTY DEVELMT 113/22 18:22 8885052 1121/22 18: 23 CHERRY LANE 10~22 18:24 IDAHO ATHLETIC C 10/22 18:25 ID PRESS TRIBUNE 10~22 18'26 2088886701 MODE EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S MIWSEC PGS 00'213" 001 1313'213" 1301 130'25" 1301 00'20" eel 00'19" 0131 00' 19" Bel Ge'38" eGl 013'20" eel 00'21" 1301 eG'19" eel CMDI:! 2113 210 210 210 2113 2113 211:.\ 210 210 2113 STATUS OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- v ~ ~ost iO{ rUt}lrL tVOl'lLt -- ( V[tht!'-5~ CITY OF MERIDIAN PRE-COUNC'L MEETING AGENDA Tuesday, October 26) 2004 at 6:00 p.m. City Counci' Chambers i. Roll-cal/ Attendance: Shaun Wardle Christine Donnell _ Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Budget Related Items J Report: 4. Ordinance for City Attorney: 5. Ordinance for City Council Meetina Time and Dates: 6. Discussion of North Meridian Area Plan: 7. Discussion Of Storm Water Drainage Ponds; * Approximate allowable time set for agenda item may Change depending on discussion. Please use the designated minutes as a g~ideline only. Meridian City Pr&-CouncllAgenda -October 26, 2004 Page 1 of 1 AU materIals preoontedat publiemllfltlngsthall beeome property of the city of Meridian. Anylll1e desiJing accommodation (or d/nnbllltles related to dllCl,tl'llllnts;J11<jfor hearll195 please conlact 1M city Clet1('s Ollioe lit 8ll8-4433 at least 48 hours prior to the public meeting. ** TX cd !IAT ION REPORT ** DATE TIME TO/FROM 01 10/22 17'44 12084664405 03 Hl/22 17' 47 8841159 04 10/22 17'48 2088840744 es 10/22 17:49 POLICE DEPT 136 10/22 17:51 8985501 07 113/22 17:52 LIBRARY 08 10/22 17'53 92083776449 139 11:'1/22 17: 53 3886924 113 113/22 17'54 2088886854 11 1I:l/22 17' 56 ALL AMERICAN INS 12 10/22 17'57 2<18 895 0390 13 10/22 17:58 128300040 14 10/22 17'59 208 387 6393 15 10/22 17' 59 ADA CTY DEUELMT 16 10/22 18'01 8885052 17 10/22 18:02 CHERRY LANE 18 10/22 18'03 IDAHO ATHLETIC C 19 10/22 18' 04 to PRESS TRIBUNE 20 10/22 lS'05 2088886701 25 10/22 lS:le 38101613 ( AS OF OCT 22 '04 lc. . PAGE. 01 CITY OF MERIDIAN MODE M1N/SEC PGS CMDl:1 STl'lTUS EC--S 00'26" 001 209 OK EC--5 ee'27" <lel 2139 OK EC-S elEl'26" 001 209 OK EC--S 13El'2S" em 209 OK EC--5 oe'25" 001 209 OK EC--5 00'30" 001 209 OK EC-5 OEl'25" OBl 209 OK EC--5 00'26" 001 209 OK EC-5 00'26" e01 209 OK EC--5 00'25" 001 209 OK EC-S 130'25" 001 209 OK G3--5 eB'29" 001 209 OK EC--S 1210'26" 001 209 OK EC--S 00'26" 001 209 OK EC--S 00'25" 0131 209 OK G3--S I3B'42" 001 209 OK EC--S 00'25" 1301 209 OK EC--S 00' 26" 001 209 OK EC--S oa'25" 0131 209 OK EC--S 00'36" 001 209 OK Y II (I..r).L ~ tlst -\;a~ \,\101\ C 1IJc!\1 t.\.- - , V ~''YV H"--b " \ ."" :r'f' ~':, ~ I"""......P /t"JT'fC1F L/YL eridia';'-~~; MAYO~ Thmmy de Weed CI1Y COUNCIL MrMBERS w,nl.n> L M, N.ry Keilh Bi,e! Charles M, Ruuntr"" shou" W~rdle Crt\' D(;1'^I\'J'M~N1S fire 54ll E. f'rdnkHn Rood 688-12341 i~. 895.0390 Park. & Recreation II r.. Bow", Sttee! tlIlH.357~/fo. 898-5501 Planninll &; Zi>ninS 660 J;, Watertower Lane Suite 202 884-5533110, 868-6$S-I Polict! HUI E. Walertower tone 8~~-6675/1.. 84.6-7366 l'uolic Work. 660 1;, W"lerlower La.... Snit. 200 S98-5S00/f(IX 8YH-955I - Buildil\g 660 E. W.lerlowcr LOne Suite 150 887-2211/1..887-1297 - Sewer (WWrp) 34111 N. Ten Mile Rood 888.2191/ (ox 884-0744 .. Wat~f 2235 N, W. 8th Street ~88.5242{I.x 984-1159 NOTICE OF PRE-COUNClL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that fhe City Council of the City of Meridian will hold a Pre-Cauncll Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, October 26,2004 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: - Budget Related Items I Report: - Ordinance for City Attorney - Oldinance for City Council Meeting Time and Dates - Discussion of North MfJridian Area Plan - Discussion of Storm Water and Droinage Ponds The public is welcome to attend fhe meeting. DATED this 22"" of October, 2004. Cln' HALL 33 r.AST IDAHO AVENUE ME.RIDIAN, I[) A II 0 83642 (208) R811-4433 ~II \ ~";II'-I",X SSS-42IS ~U~I,\N >l"!iOl'Jl~~S-r.IX A~4'$n3 n"'\NC~ ;, L/TlI.l1\' A".IINU-I~X 887-48]3 M,\"or,'~ l\ff'lC.-"~x 8M'SII!) (\JUCv)L VffSt---\O( VJb\t1c /~on Ll-') V\t>VVl\9-D \. f""'"'- P r CITY OF '-/VLerldian~-.J;~( "'\ IDAHO l /1' MAYOR Tammy de Weerd CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888- 1234 / fax 895-0390 Parks & Recreation 11 E. Bower Street 888-3579 ! fax 898-5501 Planning & Zoning 660 E. Watertower Lane Suite 202 884-5533! fax 888-6854 Police 1401 E. Watertower Lane 888-6678! fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500! fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Sewer (WWTP) 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888-5242/ fax 884-1159 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, October 26,2004 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: - Budget Related Items / Report: - Ordinance for City Attorney Ordinance for City Council Meeting Time and Dates - Discussion of North Meridian Area Plan - Discussion of Storm Water and Drainage Ponds The public is welcome to attend the meeting. DA TED this 220d of October, 2004. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK-I"'-X 888-4218 HU~I'\N RESOURCES-FAX 884.8723 FINANCE & UTILITY B1LLlNG-FAX 887A813 ~IAYOR'S OFFICE-FAX 884.8119 i ** TX CONFt,. ,'[ON REPORT ** DRTE TIME TO/FROM 21 10/22 18:06 3810160 22 10/22 18:07 PUBLIC WORKS 23 10/22 18:08 12084664405 24 10/22 18:09 8841159 26 1€V22 18: 11 20888413744 27 10/22 18:12 POLICE DEPT 28 10/22 18:138985501 29 10/22 18:14 LIBRRRY 30 10/22 18:15 92083776449 31 10/22 18: 15 3885924 32 10/22 18:17 2088886854 ( RS OF OCT 22 'El4\...~.17 PAGE.eIl ClTY OF MERIDIAN MODE MIN/SEC PGS CMDj:j STFlTUS EC--S 00'27" 001 210 OK EC--S 00'20" 001 210 OK EC--S 00'20" 001 210 OK EC--S 0e'20" e01 210 OK EC--S 0e' 21" 001 210 OK EC--S 00'20" 001 210 OK EC--S 0e'19" 001 210 OK EC--S e6'22" e01 210 OK EC--S 00'19" 0131 2113 OK EC--S 06'20" 001 210 OK EC--S 0e'19" e01 210 OK -----------------------------------~--------------------------~----~------------------------ V LtOJ:l. ~ OSt-"1C>f Y UlJl (C- lVO J1l( -- I Vltiv~ I<-{S ~ CITY OF MERIDIAN PRE.coUNCIL MEETING AGENDA Tuesday, October 26, 2004 at 6:00 p.m. City Council Chambers 1. Roll-cafl Attendance: _ Shaun Wardle Christine Donnell _ Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. BUdget Related Items I Report: 4. Ordinance for City Attorney: 5. Ordinance for City Council Meetina Time and Dates: 6. Discussion of North Meridian Area Plan: 7. Discussion of Storm Water Drainage Ponds: · Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meddian City I'ra.Councll Ag~nda -Oclober 26, 2004 P~ga 1 011 All materials pre$eflle<l al public mlMlllngs shall beOIlme p10perty of ll'lfl City of Mllt'idjan. Anyone desiring aecommodation IOf dbabllllles rdMed 10 doc:llJrl/!nt!: <IlldIor hearil196 Please conhlct the Clly Clerk's 0Ilice at 88ll-<<33 at least 48 hoUI'G prior 10 !he public mfleling. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 26, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle 0 Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Led by Keith Bird 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: Approve as Revised 5. Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: Approve B. Approve Minutes of October 4, 2004 City Council/ACHD Commission Special Joint Workshop Meeting: Approve C. Approve Minutes of October 5, 2004 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villaqe Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 04- 029 Request for Preliminary Plat approval for 20 single family residential building lots on 4,91 acres in a proposed R-8 zone for Redfeather Villaqe Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: Approve Meridian City Council Agenda - October 26, 2004 Page 1 of 4 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. F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Proiect by Wrinkleneck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: Approve H. Findings of Fact and Conclusions of Law for Approval: AZ 04- 005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Approve I. Findings of Fact and Conclusions of Law for Approval: PP 04- 006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Approve J. Resolution No. 04448 VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberrv Crossin~ Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Approve K. Resolution No. 04449 VAC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No.2 by Brighton Corporation - east of North Black Cat Road and south of West Ustick Road: Approve L. Water Main Easement for Amberpoint I Onyx Buildin~ by Sundance Limited Partnership Investments: Approve M. Sanitary Sewer and Water Main Easement for Hunter Elementary School by Meridian School District: Approve N. Award Bid for 2004 Waterline Improvement Proiect, Franklin Road Waterline Extension to Masco, Inc. for $370,098.30: Approve Meridian City Council Agenda - October 26, 2004 Page 2 of 4 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. O. Design of Well #27 Pumping Facilities - Civil Survey: Approve P. Design of Primary Backup Power at the WWTP - DC Engineering: Approve Q. Ratify Change Order No. 1 to No Fault Industries. Inc. for Adventure Island Playground: Approve 6. Department Reports: A. Public Works Department - Brad Watson 1. Request to Connect to Boise City Sewer for Bradford and Camille Shaw: Staff from both cities meet to determine drainage 2. Wastewater Treatment Plant Expansion Proiect: Approve 3. Storm Water Drainage Easement for Lochsa Falls Subdivision No.9: Approve 4. Quenzer Commons Condominium Plat: Approve B. City Attorney - Bill Nary 1. Clarification of Decision for Alexandria Subdivision Project: Clarified - Prepare Order C. Planning and Zoning Department - Anna Canning 1. Representation on ACHD Committee November 8, 2004 11-2:00 P.M. Brad H-C and Keith Bird 7. (Items Moved from Consent Agenda) 8. MI 04-012 Request to allow a one-time lot division to separate an un-platted parcel into two parcels in an l-L zone for Tony Zanders by Tony Zanders - 199 North Linder Road: Approve 9. MI 04-013 Request to allow a one-time lot division to separate an un- platted parcel into two parcels in an C-G zone for Kevin Knighton by Kevin Knighton - 2200 East Overland Road: Approve Meridian City Council Agenda - October 26, 2004 Page 3 of 4 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. 10. Public Hearing: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service fanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - October 26,2004 Page 4 of 4 All materials presented at public meetings shall become propelty 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. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 26, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: )( Shaun Wardle 0 Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: / eatf. IPJ It:u"hvftlrv<...- 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: IA-jlj/tY)V< as ref/iJ<-N 5. Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: ~~~ B. Approve Minutes of October 4, 2004 City Council/ACHD Commission Special Joint Workshop Meeting: wrpr.r>...-c.- C. Approve Minutes of October 5, 2004 City Council Regular Meeting: 4f?1))^~v--e.-- D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather VillaQe Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: tIf pNlV<- E. Findings of Fact and Conclusions of Law for Approval: PP 04- 029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: ~Jh"""'- Melidian City Couneil Agenda - October 26, 2004 Page I of 3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring aecommodation 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. F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkle neck Proiect by Wrinkleneck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: ~VLL- G. Findings of Fact and Conclusions of Law for Approval: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: 7flNVLf.... H. Findings of Fact and Conclusions of Law for Approval: AZ 04- 005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: VfI/t"PV<- I. Findings of Fact and Concfusions of Law for Approval: PP 04- 006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: ~rV J. Resolution No. tJ4- - 4-1 fj : VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberry Crossina Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: ~V'.Jl.-. K. Resolution No. &4--- 4'"4-1 : VAC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No.2 by Brighton Corporation - east of North Black Cat Road and south of West Ustick Road: ~v-l-- L. Water Main Easement for Amberpoint I Onyx Building by Sundance Limited Partnership Investments: ~~v-<- M. Sanitary Sewer and Water Main Easement for Hunter Elementary School by Meridian School District: ~~ N. Award Bid for 2004 Waterline Improvement Proiect. Franklin Road Waterline Extension to Masco, Inc. for $370,098.30: ~v<Af-- Meridian City Council Agenda - October 26,2004 Page 2 on 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 plior to the public meeting. O. Desh:," of Well #27 Pumpina Facilities - Civil Survey: ~f/Y"?'I'</ P. Desian of Primary Backup Power at the WWTP - DC Engineering: ~1{l.J!-- Q. Ratify Chanae Order No. 1 to No Fault Industries, Inc. for Adventure Island Playground: 'PPN7~ 6. Department Reports: A. Public Works Department - Brad Watson 1. Reauest to Connect to Boise City Sewer for Bradford and Camille Shaw: J'##.ft-n- 94>111..- Clh'ef ~.f- /-P ae/(;,U'4;~ ~/~ Wastewater Treatment Plant Expansion 'Proiect: ptlrY;llt'<...- Storm Water Drainaae Easement for Lochsa Falls Subdivision No. 9: ~ ~ Quenzer Commons Condominium Plat: ~IP rov...<... 2. 3. 4. B. City Attorney - Bill Nary 1. Clarification of Decision for Alexand~ Subdivision Project: v!an'n"e.llL - jJnep~ o-r-. ~ d G (J(2-~/. - JJnnA-C. 1- /U-/JM~/vLr/~ (T)- J9cFl . 7. (Items Moved from Consent Agenda) C o~~~1 (7' ~'.f:'~;;{~ 8. MI 04-012 Request to allow a one-time lot division to separate an un-platted parcel into two parcels in an I-L zone for Tonv Zanders by Tony Zanders - 199 North Linder Road: ~vvc.- 9. MI 04-013 Request to allow a one-time lot division to separate an un- platted parcel into two parcels in an C-G zone for Kevin Kniahton by Kevin Knighton - 2200 East Overland Road: ~V'oC.- 10. Public Hearing: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: j1reptl/l.rC viii I cl...t hr ~~ 11. Public Hearing: CUP 04~035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: jJt'.e-p~ {iff c/...t .frr ~-prt'v~ Meridian City Council Agenda - October 26, 2004 Page 3 of 3 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. November 12,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT November 16, 2004 ITEM NO. 5~A REQUEST Approve Minutes of October 26, 2004 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 DE?T: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Matorials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 26,2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle 0 Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Led by Keith Bird 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: Approve as Revised 5. Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: Approve B. Approve Minutes of October 4, 2004 City Council/ACHD Commission Special Joint Workshop Meeting: Approve c. Approve Minutes of October 5, 2004 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-B zone for Redfeather Villaae Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: Approve E. Findings of Fact and Conclusions of Law for Approval: PP 04- 029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-B zone for Redfeather Viii a {:'I e Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: Approve Meridian City Council Agenda - October 26, 2004 Page] of 4 F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 012 Request for Annexation and Zoning of 1,82 acres from RT to C-C zone for proposed Wrinkleneck Proiect by Wrinkleneck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: Approve G. Findings of Fact and Conclusions of Law for Approval: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. -1495 South Locust Grove Road: Approve H. Findings of Fact and Conclusions of Law for Approval: AZ 04- 005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Approve I. Findings of Fact and Conclusions of Law for Approval: PP 04- 006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: Approve J. Resolution No. 04-448 : VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberrv Crossina Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: Approve K. Resolution No. 04-449 VAC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No.2 by Brighton Corporation - east of North Black Cat Road and south of West UstJck Road: Approve L. Water Main Easement for Amberpoint I Onyx Buildina by Sun dance Limited Partnership Investments: Approve M. Sanitary Sewer and Water Main Easement for Hunter Elementary School by Meridian School District: Approve N. Award Bid for 2004 Waterline Improvement Proiect. Franklin Road Waterline Extension to Masco, Inc. for $370,098.30: Approve Meridian City Council Agenda - October 26, 2004 Page 2 of 4 O. Desian of Well #27 Pumpina Facilities - Civil Survey: Approve P. Desion of Primary Backup Power at the WWTP - DC Engineering: Approve Q. Ratify ChanQe Order No. 1 to No Fault Industries. Inc. for Adventure Island Playground: Approve 6. Department Reports: A. Public Works Department - Brad Watson 1. Request to Connect to Boise City Sewer for Bradford and Camille Shaw: Staff from both cities meet to determine drainage 2. Wastewater Treatment Plant Expansion Proiect: Approve 3. Storm Water Drainaae Easement for Lochsa Falls Subdivision No.9: Approve 4. Quenzer Commons Condominium Plat: Approve B. City Attorney - Bill Nary 1. Clarification of Decision for Alexandria Subdivision Project: Clarified - Prepare Order C. Planning and Zoning Department - Anna Canning 1. Representation on ACHD Committee November 8, 2004 11-2:00 P.M. Brad H-C and Keith Bird 7. (Items Moved from Consent Agenda) 8. M104-012 Request to allow a one-time lot division to separate an un-platted parcel into two parcels in an I-L zone for Tonv Zanders by Tony Zanders - 199 North Linder Road: Approve 9. MI 04-013 Request to allow a one-time lot division to separate an un- platted parcel into two parcels in an C-G zone for Kevin KniQhton by Kevin Knighton - 2200 East Overland Road: Approve Meridian City COImcil Agenda - October 26, 2004 Page 3 of 4 10. Public Hearing: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - October 26, 2004 Page 4 of 4 Meridian City Council Reaular Meetina October 26. 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, October 26, 2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, and Shaun Wardle. Members Absent: Christine Donnell. Others Present: Bill Nary, Will Berg, Anna Canning, Brad Watson, Bill Musser, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X _Christine Donnell X Keith Bird Mayor Tammy de Weerd De Weerd: I will go ahead and call the regular City Council meeting to order. I'd like to welcome all of you here with us. It is Tuesday, October 26, at 7:00 a. -- or 7:00 a.m. It seems like it. 7:00 p.m. and we will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item NO.2 is the pledge of allegiance. Councilman Bird will lead us in the pledge. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: De Weerd: Okay. Item No. 3 is our community invocation. Please join us in the invocation or take this moment for a moment of silence. Ragan: Thank you, Madam Mayor, Members of the Council. Let us pray. Father, we come before you this evening, Lord, thankful for this day and we are thankful for the opportunity to gather here, Lord, as our leaders discuss the business of the city, Father, I just pray for your presence here this evening, Lord, just pray for your Holy Spirit to lead and guide this meeting. Father, give wisdom to the City Council and our Mayor in decisions they have to make in regards to the future of our city, Lord, future plans and the laws and just the various aspects and different things that they need to decide, Lord. I just pray for that wisdom for them. Lord, we just pray that you will just continue to bless them in their roles, Lord, bless them as they seek to lead our city, Lord. We just pray that you would bless them physically in their health, Lord, financially, Lord, emotionally and mentally and physically, Lord. So, Father, we just pray for their Meridian City Council October 26, 2004 Page 2 of 28 families, Lord, just pray for your blessing on their families as welL Lord, doing the work for the city, that can be a -- take up a lot of time and be exhausting, Lord, so we just pray that you will just refresh them and just renew them each day, Lord. Father, once again, we just pray for your presence here this evening and we just pray for wisdom in the decisions that are made, Lord, just give them just a sight into your plan for our city and, Lord, in the decisions that they make. We praise you and thank you in Jesus precious name, amen. Item 4: Adoption of the Agenda: De Weerd: Pastor Ragan, I would like to present you our new City of Meridian pin and thank you for joining us. Okay. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr, Bird. Bird: We have one additional request for our agenda and that would be under Department Reports, Item C, Planning and Zoning wants to discuss some ACHD policies. And with that I would move that we accept the agenda as revised. Rountree: Second. De Weerd: It's been moved and seconded to approve the Council agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: B. Approve Minutes of October 4, 2004 City Council/ACHD Commission Special Joint Workshop Meeting: C. Approve Minutes of October 5, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather VillaQe Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: PP 04- 029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather VillaQe Subdivision by Packard Estates Meridian City Council October 26, 2004 Page 3 of 28 Development, LLC - east of north Eagle Road and north of East Fairview Avenue: F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Proiect by Wrinkleneck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: H. Findings of Fact and Conclusions of Law for Approval: AZ 04- 005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: I. Findings of Fact and Conclusions of Law for Approval: PP 04- 006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: J. Resolution No. 04-448 : VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzberrv Crossing Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: K. Resolution No. 04-449 : VAC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No.2 by Brighton Corporation - east of North Black Cat Road and south of West Ustick Road: L. Water Main Easement for Amberpoint I Onyx Building by Sundance Limited Partnership Investments: M. Sanitary Sewer and Water Main Easement for Hunter Elementarv School by Meridian School District: N. Award Bid for 2004 Waterline Improvement Proiect. Franklin Road Waterline Extension to Masco, Inc. for $370,098.30: Meridian City Council October 26. 2004 Page 4 of 28 O. Design of Well #27 Pumping Facilities - Civil Survey: P. Design of Primary Backup Power at the WWTP - DC Engineering: Q. Ratify Change Order No. 1 to No Fault Industries. Inc. for Adventure Island Playground: De Weerd: Item 5. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On J, the resolution number is 04-448 and K is 04-449 and I move that we approve the Consent Agenda and for the Mayor to sign and the clerk to attest on all proper papers. Rountree: Second. De Weerd: It's been moved and seconded to approve the Consent Agenda. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department - Brad Watson 1. Reauest to Connect to Boise City Sewer for Bradford and Camille Shaw: De Weerd: Thank you. Okay. Item 6 under Department Reports, we will start with Brad Watson with Public Works. Watson: Thank you, Madam Mayor, Council Members. The first item is a request by Bradford and Camille Shaw for the city to I guess authorize them to pursue getting sewer service from Boise city. They are located in the referral area south of Lake Hazel Road between Eagle and Cloverdale Roads. I believe you have a letter that they wrote that's dated -- well, it's dated received by the Mayor's office October 3rd. They describe the situation that they have. It's an existing cattle operation, no longer qualify for an ag tax exemption, they are pursuing a more dense development than what would be allowed in the county with central sewer. There is a supplemental letter from an engineer that they hired, Earl, Mason, and Stanfield, written by Scott Stanfield, that indicates that sewer service is readily available from the Boise city system through -- I Meridian City Council October 26, 2004 Page 5 of 28 think it's the one directly east of them. I'm trying to find the name of that subdivision. Not that it particularly matters. The City of Meridian sewer is very far off from this and it is at the very uppermost southeast corner of our service area. I wouldn't estimate sewer service being available within the next five years. It depends on the Black Cat Trunk coming all the way from Black Cat and Cherry Lane, under the interstate, and traversing four or five miles to get to this point. Other than that -- I can provide more information if you'd like, but I guess what I'm seeking is direction from Council as to whether I should write that letter to Boise city saying that we have no opposition to them seeking sewer service with Boise city. De Weerd: Brad, have you been able to meet with the city staff and Boise and start looking at who can best serve what areas? I do know that the area that is in our reference area has been planned for long term sewer service and so I think at this point, because we have stalled or delayed the Black Cat extension until a Ten Mile interchange is in place, we need to really firm up what areas the two cities can serve and, really, let property owners know in those areas that sewer service, when it will be available and what the master plan states. Watson: Madam Mayor, Council Members, I haven't had any direct conversations with Boise city public works. Anna has talked with the planning director at Boise city and he has indicated that he would initiate a meeting with their public works and they would contact us. I believe she contacted them again just before she left a week and a half ago or so and hasn't heard back. This one would probably be one of these candidates, in my mind, that would more easily go to Boise city. It can be served by gravity sewer. I haven't looked at it in detail from our area of impact line down to the bottom of the referral area, but this one would probably be one of those prime candidates that would go eastward. De Weerd: Okay. Council, questions? Bird: I have none, Madam Mayor. De Weerd: Is the property owner here? No? Okay. Well, Council -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- I think Brad has basically stated that he thinks it flows into Boise's sewer as a natural, where I don't -- is it going to flow naturally, Brad, for us once we get it out there? Watson: Councilmember Bird, yes, it would -- if we had the sewer extended out there it would also flow by gravity into our system. De Weerd: I guess, Council, one thing I would add is we are getting a number of these phone calls and we are not really ready infra-structurally wise, to grow in that area and that is why I have encouraged the meeting with Boise so that we can firm that up, Meridian City Council October 26, 2004 Page 6 of 28 because if this goes to Boise, we will get other similar requests and where do you want to draw the line and since I get those phone calls I guess I would ask you to give good directions, so we know how best to respond to these requests. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Yeah. Just for some additional enlightenment for the Council's - Council- member Wardle and Council-member Rountree weren't on the Council when we had this prior discussion. I think -- I think to give you the best information that you could have in making a decision, I think that meeting with Boise city would be helpful, because we did this with the area of impact along the divider between Boise and Meridian to figure out which would be the best sections and when we did that we were able to decide on which areas probably should go to Boise city and I think the Council agreed to do that and which areas from Boise city belonged more in Meridian and I think we were able to do that as well. So, that could probably do that, because I think as the Mayor has just stated, long term, Council, you're going to want to have to make a decision as to what do we do. We had that one other request, Mr. Watson and I are working on an agreement to get that particular one done, but long term if you're looking more than five years out, you're looking at potentially two, three, four property owners, maybe, by the time we get sewer there and they are going to be required to hook to the Meridian sewer system, even though they will have a working sewer with Boise and even though we may have an agreement with the property owner that's recorded, I mean that may be a contentious issue to deal with in the future. So, it's something you want to factor in that discussion, but I think for your folks' benefit, I wanted you to know what we did previously and maybe as we get that done with Mr. Watson's people, that will give you better information long term as to what to do with this area, so -- De Weerd: And I guess just to add one more thing further to that, is we have tried to maintain a policy of not extending services out until we are contiguous, so we don't get into some of these annexation issues that we are seeing of county approved subs that are hooked up to city services in Boise and, then, they have the -- I guess the whole debate on the annexation and we do it differently, we don't look forward to those kind of things, but our line is drawn and so far Ada County has -- has upheld our policies and so I would also ask you to keep those things in mind, because if we allow it now, there will be urban densities, they will be asked to, then, hook onto ours and we will have the same mess they are inheriting in the south as well. But I don't have an opinion on this, so -- Rountree: I could tell. De Weerd: -- it's your choice. Bird: We understand. Nary: So whatever you want to do. Meridian City Council October 26, 2004 Page 7 of 28 Bird: We understand. De Weerd: But it is up to you. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: And I agree with you, we have seen more and more applications come into that and we are going to see more and more and we are -- I think Brad's being very nice saying five years out. I think we do need to sit down with Boise, Brad, public works, and planning and zoning and work out -- and it's like Mr. Nary said, we have always been able to work out situations and see what it is. We don't want to get ourselves into the situation -- or I don't want to ourselves -- myself into a situation like Boise is on now, where you furnish the sewer and water out there and, then, when you go to annex and they get amnesia. So, I think we need to sit down before we make a decision between the two staffs and, Mayor, you probably ought to be involved with this also, and let's discuss and see what they -- what their ideas is, too. They might be -- they might think along the same line we do. So, before I would take action I would like to hear something from the two staffs and see what they -- if they have got a solution for out there, because right now I'm not for putting sewer and water out there, nor letting them. De Weerd: Is that the consensus of Council? Rountree: I would agree with that. Wardle: Madam Mayor, I would agree that it would be a good idea to have a little more information before making a final decision on the issue. De Weerd: Okay. So, Brad, did you need anything further? Watson: Madam Mayor, no. I will -- instead of letting the planners try to schedule a meeting, I will contact the engineering staff directly. De Weerd: Thank you. 2. Wastewater Treatment Plant Expansion Project: Watson: The next item I have is a proposed engineering agreement for the design of the wastewater treatment plant expansion project. As you know, normally, these go on the Consent Agenda. This one is by far the biggest one the city has probably ever considered"so I thought maybe I should at least give a brief overview of it. This contact will provide the design of talking the wastewater plant from its current capacity of about five and a half million gallons per day up to 9.1, about a 65 percent increase. The estimated construction costs are 13.2 to 14.4 million. The contract amount is 1,324,000. The estimated plan set size is 280 sheets. The design percentage, depending on what the final construction cost is, of course, would be between nine and ten percent. This project would, essentially, build out the existing footprint of the Meridian City Council October 26. 2004 Page 8 of 28 wastewater plant. Anything beyond that nine MGD, million gallons per day, would be on the extra land to the west of the plant. And I can certainly go into more detail if you like, but that's all I have. I'd ask for your approval on this. De Weerd: Brad, was there a recommendation to add a clause in there about billing? Not to put you on the spot or anything. Watson: Madam Mayor, no, there wasn't, since that came up just this morning. Madam Mayor, if I could, this agreement has taken us approximately seven weeks to get to this point. Carollo Engineers has always been very responsive. I would -- I guess I would certainly recommend that our finance staff and their accounting people maybe get together to discuss those billing procedures. De Weerd: Yeah. I think that's a good method. Watson: Okay. De Weerd: Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brad, the nine to ten percent, is that on top of the 1.3 million? Watson: Yes. Bird: Okay. So, actually, what is it, nine or ten percent, if we are signing the contract? Watson: Councilmember Bird, I'm sorry, I didn't quite understand. Bird: Okay. The nine to ten percent construction cost, I think you put it -- you said -- or design fees or what is it? Watson: Right. The design fees would be between nine and ten percent of the total construction cost. Bird: Of the total construction. This 1.3 is just the design? Watson: Yes. Bird: Okay. And that's the nine to ten percent of what they estimate the construction costs are going to be? Watson: Correct. Bird: Okay. Now I understand. That's what I thought, but, then, I didn't-- Meridian City Council October 26, 2004 Page 9 of 28 Watson: Yes. That's right. Bird: Okay. De Weerd: Okay. Any further discussion? Bird: No. I think it's great. Let's go. De Weerd: Okay. I think we need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve and authorize the Public Works Department to move forward with an engineering agreement for 1.3 million dollars for the expansion of the treatment facility. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve. Any further discussion? Mr. Berg, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. 3. Storm Water DrainaQe Easement for Lochsa Falls Subdivision No.9: De Weerd: Thank you. Okay. Storm Water Drainage Easement. Watson: Thank you, Madam Mayor. The third item is -- before you is a storm water drainage easement for facilities that serve the right of way in Lochsa Falls Subdivision No.9, but that are located on the Lochsa Falls park site. The agreement that is in your packet is based very much on the storm water drainage easements that were executed between Ashford Greens Subdivision, Ada County Highway District, and Ashford Greens homeowners association some time ago. Given the current or recent issues that arose out of that, those easements -- I think this one has tightened up and it very explicitly describes light and heavy maintenance duties. There is -- as an exhibit to this agreement there is an O&M manual that explicitly lists those duties of light maintenance. There is a special note section on page six and this special note number six came out of the final plat item before City CounciL We went back and read those minutes and what we perceived to be the intent of Council was that the homeowners association would maintain those drainage ponds or drainage areas that are located on the park site, but that at some time in the future, if both the city and the HOA decided that it was in the best interest of both that the parks department could assume those Meridian City Council October 26, 2004 Page 10 of 28 maintenance duties. Note number six does need to be revised slightly to say that the Lochsa Falls homeowners association shall be responsibility for light maintenance of the storm drainage ponds in Lot 4 of Block 38 of Lochsa Falls No.9. And, then, the rest can remain the same. That just very specifically details where those ponds are. The rest of the paragraph says until such time as the park site is improved and both Meridian city and the homeowners association agree that light maintenance duties shall be transferred to the city, I think that protects the city's interest and I have ran this by Doug Strong and I think we are all on the same page at this point and he and I will entertain any questions if you have any. De Weerd: Council, any questions? Bird: Madam Mayor, I don't. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: And just for clarification, as I recall the discussion, the representative from Lochsa Falls -- we had a discussion about what type of pond and whether the parks department could easily maintain that and it was our choice that the homeowners would maintain that and if it were at a future time to become beneficial that the city could take it over, but not that it was an expectation that the city would ever incur the maintenance for that individual storm drain. So, just to clarify yet once again. De Weerd: That would only be light and not heavy. Wardle: Yes, De Weerd: Okay. Mr. Rountree. Rountree: No, I -- De Weerd: Okay. Okay. Do we have a motion? Rountree: Do we need a motion or just-- Bird: Yeah. We need a motion. Watson: Madam Mayor, Council-member Rountree, yes, there needs to be a motion to approve the easement and authorize the Mayor to sign. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the water drainage easement for Lochsa Falls Subdivision No. 9 and for the Mayor to sign and the Clerk to attest. Meridian City Council October 26, 2004 Page 11 of 28 Rountree: Second. De Weerd: Okay. The motion is to approve the storm water drainage easement for Lochsa Falls. Any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4: Quenzer Commons Condominium Plat: De Weerd: Thank you. Okay. Final topic. Watson: Number four. I'm not used to this many. The fourth item is a condominium plat that has come in for approval. This is one of those situations where it meets one of the six criteria that planning director -- the city attorney -- the previous city attorney and I agree could qualify for reduced subdivision requirements. This is located on North Locust Grove Road in previously platted Quenzer Commons Subdivision No.3. These are commercial lots, The buildings, as I have said in my little mickey mouse staff report here -- I'm not used to doing these, so I threw one together -- states that the buildings are substantially complete, all they are trying to do is -- and I'm not sure this is a word -- condominiumize those four structures. We are just bringing it up before Council for approval, so that I can sign the plat and Will can certify it. Anna or me can answer any questions if you'd like. De Weerd: Thank you, Brad. Any questions? Bird: I have none, Mayor. De Weerd: Okay. Brad, if there are no questions, do you need any form of action on this? Watson: Yes. There needs to be a motion of approval of the condominium plat. De Weerd: Okay. Nary: And Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I had also mentioned to Brad and Anna before the meeting tonight that in the future, if the Council would like, we could probably add these to the Consent Agenda and if you wanted to pull them off for a separate discussion you could do that, but this is just a different one that we have done, so I think that's why they wanted you to see it, but in the future the Consent Agenda would probably be adequate for it. De Weerd: Okay, Do I have a motion? Meridian City Council October 26, 2004 Page 12 of 28 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Before I make the motion, I would also agree that Consent Agenda in the future for these would be adequate. I move that we approve the Quenzer Commons condominium plats. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Quenzer plat. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. B. City Attorney - Bill Nary 1. Clarification of Decision for Alexandria Subdivision Project: De Weerd: Thank you. Item B is our city attorney. Nary: Are you sure you don't want this one, Mr. Watson? Okay. This one's actually a pretty simple matter, Madam Mayor, Members of the Council. This is the clarification on Alexandria. This is that subdivision that just won't go away. If you recall, this is one that was brought Mr. Wardle. The Council originally had denied it. Prior to the findings being prepared they had asked for reconsideration. The Council did reconsider it, but the minutes weren't reflective of what I think the Council's intention was. Mr. Hawkins- Clark had contacted me last week and they were in the process of preparing findings, but they believed -- but, again, the minutes weren't clear that the Council's intention was to remand this matter back to the Planning and Zoning Commission. They had given specific direction, which was in the minutes, Council-member Rountree was the one that had done that, but what the minutes reflected was that all they did was amend the denial, but never directed that it be remanded. My recollection was it was the Council's intention to remand it, not to just be more specific in the denial, but we needed to clarify that. I told Mr. Hawkins-Clark not to prepared findings for a denial, that I'd asked for your clarification, and if it was to remand, they would simply prepare a remand order that would, then, be on your agenda next week and, then, it would be sent back to Planning and Zoning. So, if you recall, again, the minutes weren't specific, but I think that was the nature of the discussion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 26, 2004 Page 13 of 28 Rountree: You're correct, Mr. Nary, that that was the intent. If it's not clear in the motion, I will make it so, and remand it back with the clarification on what it was we expected them to address. De Weerd: Okay. [s that-- Nary: I believe that's adequate. All we need is -- you will have an order before you, so you will approve -- have that on your Consent Agenda to approve. But as long as -- I just wanted to make sure that was your intent. When Council President Bird and I spoke about it, we both could not remember specifically exactly what -- what it was, but we thought that was the intent. So, we will have the -- we will have that remand order on next week and, then, it will go back to Planning and Zoning. So, that's all you need. Thank you. C: Planning Department - ACHD Meeting. De Weerd: Thank you. We did add an Item C for our planning department. Anna. Canning: Madam Mayor, Members of the Council, just a quick update. We had a request today from ACHD for Council representation at a meeting. That meeting is for - - to discuss the recently completed bicycle and pedestrian transition study, which we funded a portion of for the City of Meridian. They are holding a meeting on November 8th from 11 :00 until 2:00. They requested one staff member and one Council member. So, the staff member will be Steve Siddoway and just would like to know if there is a Council member available that day. An interested Council member. De Weerd: Council, don't jump all at once. Rountree: Well, ['m checking. Bird: I can do it, but I would prefer if Charlie can. De Weerd: Well, the Council liaison is Mr. Wardle. Bird: Yeah. That's what -- I was going to say that, too. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I will be returning from a trip in Montana on the 8th, so I am unavailable. Rountree: I have scheduled a meeting with ACHD on that day. De Weerd: At the same time? Rountree: At the same time, but it's a different matter. Meridian City Council October 26. 2004 Page 14 of 28 De Weerd: Mr. Bird, it sounds like you're the one. Bird: I get to go, Anna. Item 7: (Items Moved from Consent Agenda) De Weerd: I like this Democratic process. Okay. We had no items moved from the Consent Agenda, Item 8. MI 04-012 Request to allow a one-time lot division to separate an un- platted parcel into two parcels in an I-L zone for Tony Zanders by Tony Zanders - 199 North Linder Road: De Weerd: So, our next item is eight, for Ml 04-012. We will begin with staff comments. Canning: Madam Mayor, Members of the Council, this seems to be reduction in platting requirements night. This is another request for a lot split. It is an unsubdivided property. It is located on Linder Road north of Franklin Road, as indicated here. There is the aerial. You can see that there is a business on the front portion of the lot and they are proposing to divide the back portion into a separate lot and staff has recommended approval of this. There seems to be that one floating criteria of whether or not to require this to be part of a subdivision or not. We did not suggest that as a condition of approval of this application. With that, I will answer any questions you might have. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, go back to the site there. That 40 foot down the south side, that's part of Lot 2; right? Canning: Correct. Bird: So, they will always access into that? Canning: Yes. De Weerd: An easement or anything. Canning: They will have to -- and staff did require a joint access agreement as well. Bird: Oh. Okay. De Weerd: Okay. Any other questions? Bird: I have none, Mayor. Meridian City Council October 26, 2004 Page 15 of28 De Weerd: Is the representative here and have any comment? Okay. The applicant is available for questions if you have any. Rountree: I don't have any. Bird: I have none, Mayor. Rountree: We have a joint access. Bird: That's alii care. De Weerd: Okay. Okay. Council, I will need a motion on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No.8, MI 04-012. Bird: Second. De Weerd: Okay. The motion is to approve Item 8. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: MI 04-013 Request to allow a one-time lot division to separate an un- platted parcel into two parcels in an C-G zone for Kevin Knighton by Kevin Knighton - 2200 East Overland Road: De Weerd: Thank you. Item 9 is Ml 04-013. Canning: Madam Mayor, this is another reduction in platting requirements and this property is located between Locust Grove and Eagle Road, as shown with the hatch marked -- hatch mark there. It's directly across from the entrance to the high school. The new high school. The highlighting is obliterated in the aerial photo on this one. There is one existing house that's being -- no, actually, this one is vacant. I'm sorry. This is -- the proposed property is this one here. They will have a cross-access easement here that connects down and it will have an entrance directly across from the light for the highway school. This one they have agreed to include it as part of the subdivision. They have other plans for this property in subdividing out pads. The proposed use on the property is an 18 theater -- 18 screen theater, there we go, and it will sit along here towards -- Sysco is immediately to the west. So, the theater will sit in this location. The parking is generally out here. Circulation will come through and do a loop like that with a secondary private street that loops basically like that. Staff has recommended approval. And as I mentioned, we have included the requirement that Meridian City Council October 26, 2004 Page 16 of 28 this be part of the subdivision application prior to receiving occupancy. We anticipate we will see that subdivision application much sooner than that. They are moving forward quickly on this project. So, with that I end staffs presentation and answer any questions. De Weerd: Okay. Any questions for staff? Bird: I have none, Mayor. De Weerd: Okay. Is the representative here? Would you like to offer any comment on or -- you agree with all staff comments. Okay. You will need to come to the microphone if you would like to add to the public record. And state your name and address. Knighton: Kevin Knighton, 4751 Trotter Lane, Star, Idaho. De Weerd: Thank you. Knighton: I agree with the proposal and we are putting commercial pads around the theater and make this a subdivision that will service the whole area. De Weerd: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no discussion, I move we approve MI 04-013, with staff conditions. Rountree: Second. De Weerd: Okay. The motion is to approve Item No.9. Is there anything further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Public Hearing: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Item 11: Public Hearing: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Meridian City Council October 26, 2004 Page 17 of 28 De Weerd: Thank you. Okay. Item 9 -- or 10 and 11, we enter into our Public Hearing section of our agenda. We are required by our own city ordinance that anyone wishing to provide testimony be sworn in. So, we do it all at once, so I don't have to swear you all in individually. So, those who are wishing to provide testimony on either of these items, if you will, please, raise your right hand. Is the testimony that you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer yes. (Affirmative answers.) De Weerd: Thank you. I always change it. So, I will open the public hearings on Item 10 and 11 on AZ 04-026 and CUP 04-035 with staff comments. Canning: Madam Mayor, Members of the Council, this project is located on the north side of Fairview, just east of Venture Road. It's directly across from the Wal-Mart, to get you located. This is the area of city impact boundary. This purple line as shown here. And this -- I guess that's Wal-Mart right there. That would be the cemetery. Bird: cemetery. Canning: cemetery. Excuse me. The applicant -- there we go. Yeah. You can see the cemetery. Sorry. The applicant is proposing a 4,550 square foot full service commercial bank with three drive-thru lanes located here on the west side of the property. They are also proposing C-G zoning, which would allow this use. The conditional use is required for the drive-thru lanes. They have not proposed development on just a little -- about half of the property, .62 acres on the east side of the property. Staff has added a condition of approval that any development on that property would require a new conditional use approval. Just to point out some of the features -- or the applicant has provided a 35-foot landscape buffer on Fairview, ten-foot landscape buffer on Venture, and a 25-foot landscape buffer on the north property line. I wanted to give you a little bit of history. In 2002 the city denied an application for this site and the primary reason was there was no development plan accompanying the rezone and annexation request at that time. And there was potential impact for the commercial use to create traffic, noise, odor, liter to surrounding neighbors, so that the City Council found that the annexation and zoning of the site to C-G was not in the best interest of the city at that time. And, then, also I wanted to point out that earlier this year the property owner directly to the east -- I'm going to put that back up again -- where you can see the area of city impact boundary line, the property owner here, Mr. Fred Schuerman, had come into request that that property be allowed to go into the Boise area of city impact. We have not received anything from Boise city to indicate that that has been completed yet, so it's within the area of city impact boundary, but the issue becomes important, because ACHD has not allowed this driveway here. They have requested that this property share access with Mr. Schuerman to the east and you can see they already have a driveway cut right on their western boundary. So, it would facilitate a joint access with this property. Staff did not require a new site plan. It was pretty easy to visualize what needed to occur. They would still have the 35-foot buffer in the front. The driveway would just need to come over and connect with the shared easement for the Schuerman property. And I guess Thueson is an owner of this property as welL We have received two letters since the Planning and Zoning Meridian City Council October 26, 2004 Page 18 of 28 Commission hearing. You should have received those. One was from Don and Jeanine Moore, the other one was from William G. Hall. I did want to point out one thing that in the Moore letter, the applicant has provided the full landscape buffer on the north boundary. The neighbors were looking -- and as stated in that letter they are looking for a fence along that boundary also. Although it was raised in the staff report, it did not receive much discussion by the Commission. The Planning and Zoning Commission has recommended approval of this project to you. At the Public Hearing Mr. Andy Erstad testified in favor of it, as did Greg Thueson to the east. In opposition were Renn Earl, Bill Hall, Jeanine Moore, Scott Dykstra, and Don Moore. And the key issues of discussion were the hours of operation, the requirement for the CUP approval for all future use. As I mentioned, staff did make that a condition. It was through a development agreement. And another topic of discussion was the vehicular access to Fairview Avenue and the neighbors did request a block wall or other screening in addition to the landscaping. They primarily had concerns about traffic on Venture Avenue and the commercial zoning and lighting and noise. The Commission did not make any changes to staff's initial recommendation and there are no outstanding issues for City Council, although there are, obviously, public here to testify with concerns about the commercial in this area. And with that I will end staff's presentation. De Weerd: Thank you, Anna. Any questions for staff at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant -- if you will, please, state your name and address. Erstad: Thank you, Mayor. My name is Andy Erstad, Erstad Thornton Architects, 848 Fulton Street in Boise. De Weerd: Thank you. Erstad: We have a very few brief comments. We are in complete agreement with staff's Findings of Fact and recommended conditions of approval on this and the following application. They are uniquely tied together. And that sort of follows with Planning and Zoning's action on this, that we are, again, in agreement with the final outcome. While we did challenge a few of those items, we are comfortable where we are. We -- one thing that didn't get -- that we didn't see recognized in the staff report __ and I think we would like to have it as a part of the record, is that in our Planning and Zoning hearing we did have a discussion about a latecomers clause relative to the sewer. We are having to bring sewer from the south at the Wal-Mart parcel across Fairview at a pretty substantial cost in order to serve this parcel of ground, because the planned sewer, which would come, really, from the north down, won't happen until you see development on that -- on that parcel of ground to the west of -- to the west of us and west of Venture Road, all the way over to Eagle Road, probably. One of the things is that we -- I did want to, for the record, just make a comment relative to the two letters that were included in the package today. We think staff is absolutely accurate in their Meridian CIty Council October 26, 2004 Page 19 of28 finding, that we have recognized and we have met the intent of the Comprehensive Plan and the zoning requirements relative to the annexation with the buffering. We are creating 60 feet of buffering from Fairview to the north property line, with 35 feet of frontage, we are putting a building up that's further buffering in a rather significant fashion and, then, 25 feet of buffering from the edge of our developable area to the neighbor's property. So, we do feel that staff and Planning and Zoning's approval of the project recognizes that that is -- that does meet the requirements. The only other comment that I wanted to make was relative to the second letter, in which there was an insinuation that we are being sneaky associated with ACHD. This project was submitted to ACHD, as all annexations and rezones are, and ACHD basically approved it on consent agenda, so we challenged -- we challenged the Fairview entry. We felt that it was a very important entry and ACHD -- it was at that point that ACHD -- that it was made public, if you will, although all the ACHD actions are public and public material. So, it's not that we were hiding anything from anyone, it's that we challenged something that ACHD, then, put it -- pulled it off and notified the city and other parties were able to catch onto it. So, again, we are in complete agreement with staff's Findings of Fact and recommended conditions of approval and we would ask that you approve the project. De Weerd: Thank you. Any questions for the applicant? Bird: I have none. De Weerd: Thank you. Erstad: Thank you. De Weerd: Okay. I have several people signed up as neutral to this project and when I read your name, if you'd like to step forward and offer testimony. Jim Pearson. Neutral. Okay. Bill Hall. Would you like to provide testimony or -- okay. Please come forward. If you will, please, state your name and address. Hall: Yes. I'm Bill Hall, I live at 4225 Venture Place. I'm the guy that wrote the dastardly second letter, Madam Mayor. The reason I wrote that letter, Mr. Erstad, is that there was an Ada County Highway District meeting that none of us knew about. He's never once had a neighborhood meeting. Had he done that, we would have gone down there and fought with him to try to get his entry on Fairview, but didn't -- told us. He's never once come down to me -- I live right next door -- to talk to any of us about what he's going to do. That's the reason I wrote my letter and I told that I did. My main concern tonight -- I'm not opposed to annexation. I am definitely not opposed to Mountain State Bank. I think it's going to be a good project for our neighborhood. But I was really concerned about the second parcel. We had heard that Mr. Erstad was going to appeal that. Originally, the Planning and Zoning Commission -- I know Mr. Bird was on the first time -- said that they would like to know what their plan was. They denied it the first time. The second time they wanted to come like a cart blanche. That's what we heard. I don't know if that's true or not now -- of putting anything he wanted to put in that piece of property. And I'd like to ask is that the case or not? I don't know. Could you answer that for me on the zoning? Because what they wanted __ Meridian City Council October 26, 2004 Page 20 of 28 the Planning and Zoning wanted him to come back and say this is what I want to build on the second piece of property. De Weerd: And he will come back with a plan. Hall: He will come back with that. Okay. That's my main concern tonight was that. And we had some real concerns about the -- obviously, the traffic on Fairview, we can hardly get out now. I know when Mr. Bird was on the P&Z the first time, that was a major concern when the turned the application down and, like I said, if Mr. Erstad had helped us, we would have gone and helped him get his entrance on Fairview. And that's, really, alii have to say. De Weerd: Okay. Thank you. Mark Pearson also signed up as neutral. If you will, please, state your name and address. Pearson: My name is Mark Pearson. I live at 4347 Venture Place. De Weerd: Thank you. Pearson: I'd like to add that I'm quite okay with the project, as I understand it. Several things that I have a problem with is -- if I could point out here. One of the problems that I have is this entry out onto Venture. Right now we have got a lot of traffic that comes down Fairview and tried -- pulls into here to get back onto Fairview to go back to Wal- Mart, like they didn't notice that they had gone passed Wal-Mart. What we are going to end up having is people trying to pullout here and people turning out into here, plus everybody that lives back in these -- in the subdivision trying to get out here at once. If they were able to widen this, so the bank can use this as an alternate exit, this up here, it seems to me, that that also would be fine. I guess the problem that I have most with this project is the fact that It's not so much a noise buffer that we are after, it's also when people pull back here, their lIghts are shIning back in our houses. There really does need to be a fence, possibly, on a berm and I -- from my understand -- and we are just going to put some vegetation in there and call it good, but I think it does need a fence also. De Weerd: Thank you. Any questions for Mr. Pearson? Okay. Renn Earl. Please state your name and address. Earl: My name is Renn Earl. I live at 4302 Venture Circle. De Weerd: Mr. Earl, you can pull that up if you'd like. Thank you. Earl: For those of us height challenged. I was -- as testimony, I would wonder that it is being proposed to be changed from one zoning to another zoning. I was wondering if there was a permanent zoning, rather than commercial, since this is a bank and it would, obviously, be only open from the hours of approximately 8:00 in the morning until 5:00 o'clock in the afternoon, if, then, the zoning couldn't be changed to whatever you do for businesses, for dental -- I think they called it L-T in the Planning and Zoning meeting. If that's not correct, please, excuse me -- Meridian City Council October 26, 2004 Page 21 of 28 De Weerd: It's L-O. Banks are allowed in L-O. Earl: L-O. Light office. I guess that's what the anagram stands for. Such that it would never have to come back. If this bank doesn't stay here for the next ten years and it was changed to fully commercial, there is nothing to say that the next person who owns my house would not have to deal with a 24-hour convenience store. And so I'm fully in favor of the 7:00 to 7:00 now, that's a wonderful thing to protect our neighborhood. But would that go away? Since it says it's conditional, I wonder when the condition would run out. I'm just looking towards the future and insuring that the neighborhood stays such that it is, a wonderful place to raise family. And I don't know what you can do about it or what can be done to help us protect our neighborhood. De Weerd: Well, their Conditional Use Permit will be for the proposed use. If they wanted it as a convenience store, they would have to come back. Banks are usually not that exchangeable, so I would imagine it would stay a bank, but if they did not, they would have to come back in. Earl: Okay. I guess that's the end of my concern. There is not much we can do about the traffic. We all have to live with it, but whatever can be done for keeping the neighborhood the same is -- it would be wonderful. Thank you. De Weerd: Thank you. Jeanine Moore. Thank you. If you will, please, state your name and address. Moore: Yes. My name is Jeanine Moore and I live at 4292 Venture Place. De Weerd: Thank you. Moore: Madam Mayor and Members of the Council, over a year ago my family and I purchased a home in Venture Subdivision. It's a park-like acreage and we really enjoy living in this rural residential neighborhood and we think that the bank has a great potential to be a good neighbor and that it's a compatible use of the land in question. When we purchased our property, we, you know, examined the Comprehensive Plan and we were confident that that would be followed. In some of the -- the items in there that are of concern, that the bank could -- has a potential to jeopardize would be to not adversely impact existing neighborhoods in goal four, to protect residential properties from incompatible land use and development on adjacent parcels, but the big one I want to talk about tonight is goal four, number two, require screening and landscaping buffers on all development requests that are more intense than adjacent residential properties. And you look up the definition of this and it says an area established to protect one type of land use from possible undesirable characteristics of another. The bank's proposed north boundary landscaping, which is adjacent to our subdivision, is insufficient buffer. There are several categories of undesirable characteristics that would be generated by this bank that we need to be protected from and I'm not talking about impacts from Fairview, I mean that's a reality and you have Fairview fairly near our subdivision and that's not going away. I'm talking about impacts generated by the bank and the bank business. And these several categories are what we can see and what can see us and Meridian City Council October 26, 2004 Page 22 of 28 the other general category is what we can hear. And any landscaping plan would be intermittent as a visual barrier for many years as it fills in and in the winter -- that's in the summertime. In the wintertime with loss of leaves, it would be even more intermittent. I contacted a landscape architect and an acoustic engineer and their analysis was that the proposed landscaping would be zero protection. They said if you took a measurement with the trees, without the trees, you would hear the same amount of noise and that the trees offer -- a 25-foot barrier of trees offered zero sound protection. The integrity of our neighborhood would be unprotected from negative impacts and undesirable characteristics of bank business. The bank plans to operate a portion of their business outside with drive-up windows, there would be outside teller customer conversations, there would be sights, sounds, business traffic, parking, vehicle idling, exhaust, headlights, lack of security, homeowner's view of bank business activities, loss of homeowner privacy. With the current landscaping plan the bank would be able to see into our homes and yards. All of these impacts are incompatible with our park-like rural residential subdivision. The proposed landscaping on the north boundary does not provide the required screening and landscaping buffers to Ventura Subdivision as required by the plan. We respectfully request that you implement the following items to preserve the integrity of our neighborhood: A six foot acoustic sound, visual, privacy, safety, screening wall on the north boundary to buffer our neighbors from the undesirable bank characteristics. And I would like to mention at the P&Z -- De Weerd: Mrs. Moore, your time is up. Can you, please, summarize? We do have your letter. Moore: Okay. But on the P&Z, every single person in our neighborhood who got up said we would like a wall and it was not addressed at all. So, I called the gentleman, the planner, and he -- he was very nice, we had a nice conversation and he said it was simply an oversight that it was not addressed and as neighbors we felt totally ignored, that our views were not -- were not listened to by -- you know, by the P&Z and we were, actually, very hurt and very surprised at the process. Thank you very much. De Weerd: Okay. Thank you. Do you have questions, Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. That's who had signed up on the list. Are there more people? Please come forward. If you will, please, state your name and address. D.Moore: Don Moore, 4292 Venture Place, Meridian. De Weerd: Thank you. D.Moore: Mayor and Council, I think everything has been covered tonight in some detail. One area I would like to help define a little bit more is some comments from the planning group. I do believe that in the P&Z there was a discussion about specific Meridian City Councll October 26, 2004 Page 23 of 28 hours of operation for this parcel. I thought that came out as part of the final decision and that that also could not be changed without -- Canning: Go ahead with your testimony, sir. I will look up stuff. D.Moore: That's alii had. That was the only -- everything else has been covered. De Weerd: Okay. It might be something we could ask of the applicant. D.Moore: One reason I ask that is that was some part of the discussion around the zoning of L-O versus the C-G, was the fact that the timing of business would -- kind of take care of the difference in zoning, where -- we still feel L-O would be a much better application zone for that parcel, to keep it business, rather than having it open. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In the discussions by the Commission on the CUP, hours of operation of business on the site was discussed and also neighbors' request for a block wall or other screening in addition to landscaping was also discussed. Canning: Madam Mayor? De Weerd: Yes. Canning: Members of the Council, it is stated in the development agreement and, I'm sorry, sir, that I forgot to mention that. Thank you. Business hours from the property shall be limited from 7:00 a.m. to 7:00 p.m., including deliveries. D.Moore: Okay. Thank you. That's all. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, what about ATM? Canning: The ATM was not limited. Bird: Okay. Canning: To my knowledge. I think there was some discussion, as I recall, about the ATM, but I don't think the intent was to not allow the ATM during those times. Meridian City Council October 26, 2004 Page 24 of 28 Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Just for the purpose of clarity, if the Council wants to exclude the ATM from that hour, you probably might want to add that in the development agreement in your motion, just so that it isn't a discussion point later. That it would exclude the ATM from those hours. Because there was the discussion of the Commission dealing with the building operation, people in the building, and that's why the deliveries was included, but they didn't discuss the ATM. De Weerd: Okay. Is there any further testimony? Okay. Would the applicant like to come up for final comments? Erstad: Madam Mayor, Members of the Council, Andy Erstad, 848 Fulton Street. We are trying to be good neighbors and we appreciate the neighbors' concerns. I go back to staff. I think you have got a great staff and they have done a fantastic job in evaluating this. We, too, disagreed with some of their Findings of Fact and when it became apparent that Planning and Zoning was going to uphold their conditions, we felt that it didn't bode well for us to move forward and ask for an appeal on those up here either. The discussion about the wall is a challenging discussion and as my earlier comment, we are putting 60 feet of landscaped buffering from Fairview all the way back and 25 feet of that separates the building from the adjacent properties. I'm not sure that a six foot high wall is really going to do anymore, because most of the sound that is coming is really coming from a further distance and it's going to -- it's really going to actually be deflected down by some of the neighbors' existing trees. So, we still feel that the landscaping as indicated and as approved by Planning and Zoning meets the -- meets the requirements and the conditions of -- and the goals of the Comprehensive Plan, as well as the city's plan. So, I'd stand for questions. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's your sense of adding a fence into the landscaping? Not a block wall, but just something that would be a visual block? Erstad: Madam Mayor, Councilmember Rountree, adding a wall for the sense of adding a wall -- Rountree: A fence. Erstad: We would be willing to look at adding a fence, definitely. I think we are limited in height to the fence at six feet anyway. I'm not sure that we are going to achieve significant acoustic isolation, unless you do something that you really don't want there Meridian City Council October 26, 2004 Page 25 of 28 and that's 14 -- there is a great wall on Park Center Drive down by Morrison Knudsen and, believe me, I know some of the people that live on the other side of that wall and they are not happy about it now. They wanted it and it's destroyed their values. So, that's what you have to do to get acoustic isolation and protection. But in terms of a fence, I think my client would be willing to entertain a fence. Rountree: Thank you. Wardle: Madam Mayor, Thank you. I believe that addressed my concern. I heard you talk about the acoustical levels, but I didn't hear anything about lighting and vision. So, if you would be willing to entertain that, I -- Erstad: Madam Mayor, Councilmember -- or Commissioner Wardle. I'm sorry, I have been up here in front of the Council first, now it's the -- or not in the Council -- I have gotten this mixed up. Apologize. One of the things, just so that you have a comfort level -- and I think the neighbors heard this as well in the Commission meeting -- was that we will be required to direct lighting away from the neighbors, we will be very sensitive towards that. There is some great lighting fixtures with fantastic cutoffs now. And the fence would probably add a little bit of buffering from the street light -- or from car lights, but, yeah, we are going to -- this is going to be a good neighbor project and we are excited about it, so -- De Weerd: Any further questions, Council? Bird: I have none, Mayor. De Weerd: Okay. Rountree: Madam Mayor, I don't know if this is the appropriate time, but it seems like there was concerns from the public about what conditional use permits do for them, both for this application and/or the future potential use in the adjacent property and I think if staff or the attorney could offer an explanation to the public before they leave, either now or during our discussion on the decision, I think it would be appropriate. De Weerd: Okay. Canning: Madam Mayor, Council-member Rountree, the real protection from the Conditional Use Permit is there are some uses that are allowed in the C-G zone that may not be appropriate, given the large lot neighborhood that adjoins it to the north and by requiring the Conditional Use Permit, it does protect those residents to have the ability to come in and say this is not the right place for a convenience store. That one was raised earlier. Or like -- I can't think of another one just off the top of my head. But, you know, there are sensitive neighbors there that because of the site's size and location may not be appropriate, so that does give the Council the ability to listen to the neighbors again and make that decision as to whether that use is appropriate. And I do want to say staff was -- Mr. Hood -- when I first saw the condition, I was surprised it was in there, because it was fairly small. But he did go on back and research the Council's prior action on this piece of property and he did realize that it was a commitment from Meridian City Council October 26, 2004 Page 26 of 28 the City Council to require anything that went on that property to have conditional use permit approval and that's why the condition was originally placed on the project. Nary: Madam Mayor? De Weerd: Okay. Yes, Mr. Nary. Nary: And to supplement that, the development agreement does run with the land, that is an agreement that is recorded, so that for future homeowners or the current homeowners in that particular area down Venture, that development agreement for any development on that site is going to be limited by those conditions. All proposed uses of this site require a Conditional Use Permit, so all conditions -- or all uses are going to have to be brought back, as well as the limitation on the hours. I'm not aware of any convenience store that could operate only between 7:00 in the morning and 7:00 at night. That is a condition that would run with the land as well. So, I mean there are some safeguards for the neighbors as to the type of business that's going to be operated there and I think Madam Mayor said it as well, a bank isn't usually a very easy thing to change. If it's not this bank, it might be a different bank, but it wouldn't be anything different than a bank. It's not likely to change very much. So, these are the things I think in the development agreement that gives some assurance to the neighbors that it's not going to change very easily without their input, so -- De Weerd: And that would pertain to the vacant lot next to it. Nary: Yes. De Weerd: I don't think the bank probably wants to see a convenience store next to it either, so I would assume, as a good neighbor, they would be in your court on that one as well. So, any further questions? Discussion? Council? Bird: I have none, Mayor. Rountree: Hearing no further discussion, Madam Mayor, I move that we close the public hearings for Item 10 and 11. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 26, 2004 Page 27 of 28 Bird: Hearing nobody in discussion, I move we approve AZ 04-026, annexation and zoning of 1.71 acres for Mountain West Bank and to incorporate staff, applicant, and public -- Wardle: Second. De Weerd: It's been moved and seconded to approve Item 10. Mr. Nary, I guess I would ask you in regards to the request from Mountain West on the latecomers, is this where any comment would be added with the latecomers agreement? Nary: Madam Mayor, I think you would probably want it in the development agreement, so the annexation would probably be the -- this portion would be the probable place for that. Well, as the ATM comment, if you -- right. Because that's in the development agreement. Bird: Okay. The motion can state latecomers agreement on the sewer and also on the hours of operation and the A TM is excluded. De Weerd: Does the second agree? Rountree: The second agrees. De Weerd: Okay. Okay. So, the motion is to approve with the amendments to the findings. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 11. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 04-035, Mountain Bank and to include the north with landscaping with a buffer and a six foot fence. Rountree: Second. De Weerd: Okay. Canning: Madam Mayor? De Weerd: It's been moved and seconded to approve Item 11. Is that fence a solid fence? Bird: Yes. Meridian City Council October 26. 2004 Page 28 of 28 De Weerd: Okay. Yes, Anna. Canning: You already did it. Thank you. De Weerd: Okay. Any further discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: And thank you. Okay. We are at the end of our agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Seeing that we are at the end of our agenda, I move we adjourn. Bird: Second. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:14 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ,-<t;i/~~:'~~,ii_:.::~)" . <'-. ",,~.o.. '.:;_,,''''''.;.',. ' ;;.;.;i~:;,"~,,-:~::j III 16 I &4- DATE APPROVED MAYOR TAMMY DE WEERD October 22, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT October 26, 2004 ITEM NO. 5 REQUEST Ordinance for Meeting Dates AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATfORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See affached Ordinance ;fx1 - JJ oJ ./ '0 grv &1r/~/q~ ~6 o {,P dJ ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeflngs shall become properly of the City of Meridian. ORDINANCE NO. (l Z -- 9 S-fJ BY: mil /VtLf-j AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 1 CHAPTER 7 SECTION 5 A OF THE MERIDIAN CITY CODE, COUNCIL MEETINGS, TIME AND PLACE OF REGULAR MEETINGS; PROVIDING THAT THE TIME AND PLACE OF THE COUNCIL MEETINGS SHALL BE AT 7:00 P.M. ON THE NIGHT OF ANY REGULAR CITY COUNCIL MEETING AND REGULAR MEETINGS SHALL BE HELD ON THE FIRST, SECOND, THIRD AND FOURTH TUESDAYS, AND IN THE EVENT A CITY COUNCIL MEETING FALLS ON A HOLIDAY OR TUESDAY ON WHICH A CITY OR GENERAL ELECTION IS HELD, THE MEETING SHALL NOT BE HELD ON THAT TUESDAY BUT SHALL BE HELD ON THE FOLLOWING WEDNESDAY; ADOPTING ROBERT'S RULES OF ORDER (REVISED) FOR CONDUCTING COUNCIL MEETINGS; TO PROVIDE FOR A NEW SUBSECTION D PROVIDING FOR COUNCIL TO CANCEL AND RE-SCHEDULE MEETINGS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 1, Chapter 7, Section 5 A ofthe Meridian City Code of the City of Meridian is hereby amended and shall read as follows: 1-7-5 COUNCIL MEETINGS: A. Time And Place Of Regular Meetings: The regular meetings ofthe City Council shall be held at the Meridian City Hall at 33 East Idaho Street, by the Mayor and City Council on the first, second, third, and fourth Tuesdays of each month at six thirty ~ o'clock (6-49 7:00) P.M. of said days. If a Tuesday of any month is a holiday, City election, primary or general election, the meeting shall be held the Wednesday evening following at the same hour and place. SECTION 2: That Title 1, Chapter 7, Section 5 B of the Meridian City Code ofthe City of Meridian is hereby amended and shall read as follows: 1-7-5 COUNCIL MEETINGS: B. Manner Of Conducting Meetings: There is hereby adopted by the City for the purpose of establishing rules and regulations for the conduct of meetings, the Clerk's duties and the Mayor's duties in relation to Council meeting, that certain booklet entitled, "Ho'.'! to Conduct Municipal Council Meetings", published by the Idaho Municipal League, being the Amended Ordinance changing Time and Place of City Council Meetings 1 1953 Edition thereof, of which not less than three (3) copies are no'.'; on file in the office of the City Clerk and the same are hereby adopted and incorporated as fully as if set forth at length herein. (1955 Code ~ 1 805) Robert's Rules of Order (Revised), SECTION 3: That Title 1, Chapter 7, Section 5 of the Meridian City Code ofthe City of Meridian is hereby amended to allow for a new subsection D and shall read as foHows: 1-7-5 COUNCIL l\tIEETINGS: D. Cancelling And Re-Scheduling Of l\tIeetings: Upon the affirmative vote of one-half (112) plus one (1) of the members of the full council, a regularly scheduled meeting may be postponed to a different date and time, or may be cancelled. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 6: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 7: DATE OF EFFECT: This Ordinance shall be in full force and effect on the / >7 day of .Jepfeln beJ-, 2002. , PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2-f-r!: day of v::-7t.t. h.-tL-- , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 241.i. day of J~ ,2002. {];.e.~iD, ~~ \\\~,.~( Ifl/.tll(llll/ Mayor Robert D. Corrie Attest: ~'\'1'"", Of MEJ:iJ".'III/ ,...,~.:S '-'V-t "'-:;'. ~'v cpft,poFtir. ..." %" s ~ ~ ~. - - - - - - = ~ 2 First Reading: Adopted after first reading by ~l!.spension of the Rule as allowed pursuant to Idaho Code 50-902 Yes: X No: Second Reading: ....- Third Reading: 6- 21--02- STATE OF IDAHO,) : ss. County of Ada. ) 11~ ~ On this fl, '1 day of 1-l{;v'l"U , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ........... .~~9~M~~.. l:tI/;'o'I~t..~.. ..~ t '""F , . . t . : ! j, : . \ . . \ . ... J.';:.,,"faBL\Cp~4l · ....A'...::.--~1't"\~. +.__"<.i.lS(Jf! J.Y... .......... ~<<t~+tv NOTARY PUBUC FOR IDAHO RESIDING AT: AoLev ~A)uveb...,r.2 MY COMMISSION EXPIRES: 1- Z't-tY5 Z:\Work\M\Meridian\Meridian 15360M\Ordinances City Hall\2002 ORD\CCTimePlace7PMChangeOrd061402.doc Amended Ordinance changing Time and Place of City Council Meetings 3 CITY OF MERIDIAN ORDINANCE NO. By the City Council: Bird, Donnell, Rountree, Wardle AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTIONS 5 OF THE MERIDIAN CITY CODE REGARDING TIME AND PLACE AND MANNER OF CONDUCTING CITY COUNCIL MEETINGS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1) Chapter 7) Section 5, Meridian City Code) be, and the same is hereby amended to read as follows: 1-7-5: COUNCIL MEETINGS: A. Time And Place Of Regular Meetings: The regular meetings of the eCity eCouncil shall be held at the Meridian eCity hHall at 33 East Idaho Street, by the mMayor and eCity eCouncil on the first, second, third, and fourth Tuesdays of each month bemMing at approximately 7:00 p.m. unless notice indicates otherwise, as to time or location, in the manner provided by statute.) and that the fourth Tuesday shall be a general meeting with no hearings or action on land use applications, and the second Tuesday shall be the city council workshop) at six thirty o'clock (6:30) P.M. of said days. If a Tuesday of any month is a holiday, city election, primary" or general election, the meeting shall be held the Wednesday evening following at the same hour and place. There shall not be a regularly scheduled meeting on any "fifth" Tuesday, but the City Council may schedule a Special Meeting with appropriate notice as required by Idaho State Code. (Ord. 897, 12-5-2000; amd. 2004) B. Manner Of Conducting Meetings: Except as may be inconsistent with the provisions of the Idaho State Code or the Meridian City Code, the parliamentary rules and law for the conducting of regular! y scheduled City Council and Planning and Zoning Commission meetings shall be as set forth in most current published version of Robert's Rules of Order. The Mayor and the City Councilor Planning and Zonin~ Commission may vary from the strict interoperation of Robert's Rules with the consent of the body and at the discretion of the Chair of the meeting. There is hereby adopted by the city for the purpose of establishing rules and regulations for the conduct of meetings, the clerkts duties and the mayor's duties in relation to council meetings, that certain booklet entitled, \lHo"'l to Conduct Municipal Council Meetingstl) published by the Idaho Municipal League, being the 1953 edition thereof, ofv/hich not less thun three (3) copies arc novl on Ordinance - City Council Meeting Time / Place Page 1 of2 file in the office of the city elerk and the same are hereby adopted and incorporated as fully as if set forth at length herein. (1955 Code g 1-705; amd. 2004) C. Open Meetings: Meetings of the eCity eCouncil shall be open to the public pursuant to Idaho Code section 67-2341 et seq. (1999 Code; amd. 2004) D. All other Rules of Procedure for Public Meetings shall be as described in Meridian City Code 1-7-7. (2004 Code) Section 2. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2004. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2004. APPROVED: MAYOR ATTEST: CITY CLERK Ordinance - City Council Meeting Time / Place Page 2 of2 October 22, 2004 MERIDIAN CITY COUNCIL MEETING AZ 04-022 October 26, 2004 APPLICANT Packard Estates Development, LLC ITEM NO. 5-0 REQUEST Findings for Approval- Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zones for Redfeather Village Subdivision - east of North Eagle Road and north of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLlCE DE?T: CITY FIRE DE?T: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ ~~~ Dote: ~ Phone: Emailed: '- <. k. ..,t ~J . {\t,+ Staff Iniflals; AiR - Materials presented at public meetings shall become property of fue Clfy of Meridian. See attached Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW DECISION & ORDER In the Matter of Annexation and Zoning of 4.91 Acres from RUT to R-8 AND Preliminary Plat Approval for Twenty Building Lots in a Proposed R-8 Zone for Redfeather Estates Subdivision, by Packard Estates Development, LLC. Case Nos. AZ-04-022, PP-04-029 For the City Council Hearing Date of: October 12, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matters were duly considered by the City Council at the October 5, and October 12,2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509,6512, and Meridian City Code 9S 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. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-022 & PP-04-029 - PAGE I of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Packard Estates Development, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Preliminary Plat application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlaMing Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967- 6503). 2. The Meridian 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated June 21,2004 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-022 & PP-04-029 - PAGE 2 of 4 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 21,2004 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 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 use 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Annexation & Zoning Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Annexation and Zoning Findings Exhibit F: Preliminary Plat Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-022 & PP-04-029 - PAGE 3 of 4 BYation of the City Council at its regular meeting held on the t:'/o~ ~ 2004. 26 -I~ dayof COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED I!J~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED-P VOTED--P COUNCIL MEMBER KEITH BIRD MAYORTAMMYdeWEERD (TIE BREAKER) VOTED Attest: ~ "'&. -;. '-'Q ~"'P...... Usr is' . ," ";, v..,.' Copy served upon Applicant,:rhe Pla~i*~~J;2"~ihg''b:partment~ Public Works Department and City Attorney. By:.~I1-J.~ City Clerk Dated: \ \-2. --04 CITY OF MERIDlAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS, AZ-04-022 & PP-04-029 - PAGE 4 of 4 EXHIBIT A Legal Description IDAHO SURVEY GROUP 1450 Eutw"",,l>W<r,t S";<. ISO Morid""n.ld,hQ 81642 PhOM Q.OO) e.4..1l51Q f= Q.1lS} g84.Sm Project No, 04.108 June 23. 2004 DESCRIPTION FOR ANNEXATION PROPOSED REOFEATHER VILLAGE SUBDIVISION A parcel of land being Lot 8 of Georgianna Milk's First Subdivision as on llIe in Book 4 of Plats at Page 178, records of Ada county, Idaho located in the SW1l4 of the NE 1/4 of Section 4, T.3N., R 1E., 8.M., Ada County, Idaho more particularly described as follows; COMMENCING at a brass cap monument marking the East 1/4 corner of said Section 4 from which a brass cap monument marking the NE comer of said Section 4 bears North 00029'31" West, 2611.68 feet; thence along the East-West centerline of said Section 4 North 89'48'42" West, 1327.5Bfeet to the CE1f16 comarof said Section 4; thence continuing along said East-West centerline North 89'47'00" West, 998.72 feet to the SE comer of said lot 8, said point also being the REAL POINT OF BEGINNING; thence continuing along said East-West centerline North 89047'00" West, 328.76 feetlo the SW comer of said Lot 8; thence leaving said East-West centerline and along the West boundary line of said Lot 8 North OO~37'48" East, 642.57 feet to the NW corner of said lot 8; thence along the North boundary line of said Lot 8 South 89048'16" East, 328.56 feet to the NE corner of said Lot 8; thence along the East boundary tine of said lot 8 South 00036'46" West, 642.69 feet to the REAL POINT OF BEGINNING, containing 4.85 acres. more or less. !UN l 9 200!; .c. :rt!!d!?JOtt-- \. MERIDIAN PUBLIC WORKS DEPT. S;~SG PrQietlslReOf..lher Esb!f:'l f>n2 (~108l'DoC<1m.nl.lrOOr~.thetVjll'9"..ANEXd..o.doc 2"d lOSES -!taa I ao,o 5,>\01H aor deO:10 vO E2 unr EXHIBIT B Approved Preliminary Plat (File PP-04-029) ---..-- ..--.-....-.... -----.- .t.u~~~= ~-;.~- -:'t.;:~:- :=".:.::.:.~=. :m~%m;tI~ 7r1~~(. ~...- OOO:lJlHOSBJI/O ~ ...... 1:J'rJliOOlta~lild PI! f Ud~lll Hili uit \ \ ~ Ii .*1 Ii 1\ B! I III, ! allIl lu ~IHUIH it! f lit I i ~ t r I I I' I : I B ~.i ! I 'IJ 'II linilll I !.III i i f r I I' I' i I~ I : I ,. , . L I I \ \ -t- , \ I I !Vl.l_ : ; w ~ am:~VIt"""'''''"l''lC":l.~~ ! il.. 0: NOI8tlUIIll1B j , b a... lrnYTrn. DIU.1'tiIIlIi ~ f I f~ja]m oil ~I s.1 Ii- q eij !I=-~ml~i'i ~ii';n"'t f !ila 'i . iEl.~.IEIIl.. =-.- \ " - -'t to. \ I :.:J r\ r \\ ~ 1\ ~ 1" a r-- l'---t " I I 1 1/ J \ I _-r'"'-i-~ i -~rt- - fl': EXHIBIT C Annexation and Zoning Conditions of Approval Packard Estates Development, LLC (File AZ-04-022) The City Council of the City of Meridian hereby approves the Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application (dated 6-23-04, stamped by Gregory G. Carter) shows that the property will be contiguous to the corporate boundary of the City of Meridian once Redfeather Estates Subdivision No.2 is annexed. Until the zoning ordinance is recorded for Redfeather Estates Subdivision No.2, this parcel is not eligible for annexation. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural watelWays, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. As agreed between the applicant and the subdivision to the south, Cloverdale Meadows Subdivision, the southern ditch may remain untiled. The applicant shall construct a fence on their side of the ditch as proposed. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. EXHIBIT D Preliminary Plat Conditions of Approval Redfeather Village Subdivision (File PP-04-029) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All conditions of the Annexation and Zoning (AZ-04-022) application shall also be considered conditions of the Preliminary Plat (PP-04-029). 2. At least 10 days prior to the City Council meeting, provide Planning & Zoning staff with a sketch of how Lots 9 and 10, Block 1, may be built upon. Utilize a common driveway for Lots 9 and 10, Block 1. In accordance with MCC 11-9-1, the public street frontage for Lots 9 and 10, Block 1, may be reduced to IS-feet. Unless the Meridian Fire Department requires a 20-foot width, said common drive should be constructed a minimum of 16-feet wide, with crushed gravel and asphaltic concrete paving in accordance with Meridian City Code. Any portion of the flag for Lot 10 that is beyond the driveway surface shall be landscaped. A note shall be placed on the face of the final plat stating the purpose of the common driveway easement and who is to be responsible for maintenance thereof. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Coordinate the design, construction, and any signage requirements adjacent to the common driveway on Lots 9 and 10, Block 1 with the Meridian Fire Department. 3. Prior to signature of the final plat by the City Engineer, all existing structures on Lots 1 - 5, Block 1 shall be removed. 4. Prior to signature of the final plat by the City Engineer, an ACHD approved public street access shall be provided to this site. 5. After preliminary plat approval is granted by the City Council, the applicant shall have two years (rather than one) to submit a final plat application to the City. 6. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. As agreed between the applicant and the subdivision to the south, Cloverdale Meadows Subdivision, the southern ditch may remain unWed. The applicant shall construct a fence on their side of the ditch as proposed. 8. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided along the south property line, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 10. Sanitary sewer service to this site shall be via main line extensions from a main being installed as part of the Redfeather Estates Subdivision. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. Domestic water service to this site shall be via main line extensions from mains being installed as part of the Redfeather Estates Subdivision. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 12. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during IOO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 13. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. All minimum lot sizes, structure setbacks, street frontage, and house size requirements shall be maintained. B. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading ofthe site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Submit with the final plat application a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections aneIJor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. The applicant shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 11. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 13. Staffs failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate a total of2S-feet of right-of-way from the centerline of Granger Drive (an additional 5-feet) abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 not be compensated for this additional right-of-way because Granger Drive is classified as a local roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Construct Granger Drive from approximately 1,300-feet west of Clover dale Road to this site's east property line with a minimum of 24-feet of pavement. 3. Construct Granger Drive abutting the property as one-half of a 36-foot street section with a minimum of 24-feet of pavement with vertical curb, gutter and 5- foot concrete sidewalk on the south side of the street and a 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff on the north side of the street. 4. Construct North Betula Avenue to intersect Granger Drive approximately 140- feet west ofthe east property line, as proposed. 5. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend East Tahiti Drive from the west property line approximately lOS-feet north of the south property line, as proposed. 7. Construct a knuckle without an island in the southeast comer of East Tahiti Drive and North Betula Avenue, as proposed. Submit a design of the proposed knuckle to ACHD's Development staff for final review and approval. 8. Other than the access point that has been specifically approved with this application, direct lot access to Granger Drive is prohibited. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. 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. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. Provide a 20' wide Fire Lane for all internal & external roadways. 6. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roads shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with a 33' street width shall have parking only on one side. No Parking signs and red-painted curbs will be required. 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. The proposed 20-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 58 residents at build out. 11. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. No parking signs shall be installed on any common driveway that doubles as a fire lane. Coordinate the location of the required signage with the Meridian Fire Department. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department ofHeaIth & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Narnpa Meridian Irrigation District as follows: 1. Applicant shan apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the N amp a & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the N amp a & Meridian Irrigation District. G. Adopt the Recommendations ofthe Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. A land use change application must be on file prior to any approvals. 3. A license agreement must be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers lnigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the subdivision. EXHIBIT E Annexation & Zoning Findings (File AZ-04-022) The City Council hereby approves the following analysis of required findings by staff: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not~ has there been an application for a Comprehensive Plan amendment; Staff finds that the proposed zoning designation. R-8. is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map. which designates the land to be Medium Densitv Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Redfeather Village Subdivision is 4.07 dwelling units per acre. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example~ a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single-family residential subdivision would be allowed within the requested zoning district of R-8. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example~ have the streets been widened~ new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land directly north, west and east of the subject property has recently been approved for development similar to the proposed subdivision (Redfeather Estates Subdivision No.2). Dawson Meadows Subdivision and Redfeather Estates Subdivision No. 1 were also recently approved residential developments in the area (Boise City). Dawson Meadows Subdivision is located on the northwest corner of Cloverdale Road and Granger Drive and Redfeather Estates Subdivision No.1 is located on the southwest corner of Cloverdale Road and Granger Drive. Except for two small parcels along Ustick Road, this is the last parcel designated <Medium Density Residential' on the Future Land Use Map that has not been approved for development in Section 4, Township 3 North, Range 1 East. The arterial streets near this site, Fairview Avenue, Ustick Road (between Cloverdale Road and Eagle Road) and Eagle Road are currently not included within ACHD's Five Year Work Program for roadway improvements. Cloverdale Road, between Fairview Avenue and Ustick Road, is currently in the Five Year Work Program for roadway widening (5-lanes, curb, gutter, and sidewalk) but is unfunded. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. Staff finds that the proposed R-8 zoning and subsequent single-family residential uses proposed in the preliminary plat are consistent with the intended character of the vicinity, as depicted on the Future Land Use Map. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an impact of the subject development on the existing character of the area, staff finds that the impact is consistent with the intended character of the area; a mix of low and medium density residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer and water to serve this development is currently under development with Redfeather Estates Subdivision No.2. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. On August 24, 2004, ACHD staff approved this development with site-specific and standard conditions. Because vehicular access to this site is currently provided from a substandard street (Granger), the applicant may have to install off-site improvements if Granger Drive is not improved when the subject site is ready to develop. Please review the ACHD report and Preliminary Plat Special Consideration #3 below for additional information regarding this finding. On August 13,2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, 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; Staff finds that the proposed alU1exation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. ACHD projects this development will generate 190 additional vehicle trips per day. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed alU1exation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct a new public street to intersect with Granger Drive (Betula Avenue). ACHD has approved the intersection of Betula A venue and Granger Drive. Further, the applicant is proposing to extend a stub street (Tahiti Drive) from Redfeather Estates Subdivision No.2 to provide another access to the site. If the two proposed vehicular approaches (public streets) are constructed as approved by ACHD, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the alU1exation and rezone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan (medium density residential). The land east, west and north of the subject property has already been approved for annexation and development and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that the alU1exationlrezone of this property would be in the best interest of the City. EXHIBIT F Preliminary Plat Findings (File PP-04-029) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density, 4.07 dwelling units per acre (gross), 4.9 dwelling units per acre (net) is in compliance with the land use classification, medium density residential, noted on the map. B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail. ) c. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public rmancial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e. police, fire, ACHD, etc) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end ofthis report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision, with conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. October 22, 2004 MERIDIAN CITY COUNCIL MEETING PP 04-029 October 26, 2004 APPLICANT Packard Estates Development LLC ITEM NO. 5-E REQUEST Findings for Approval - Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision - east of North Eagle Road and north of East Fairview Avenue 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS; MERIDIAN POST OFFICE: OTHER: Contacted: ~ rite-x: ~ " Date: ~ phone: Emailed: -eS-bec.K'-{ {\'\ lOll QvJ '5+. C\e.-\- Staff Initials: De.... Materials presented at public meetings shall become property of the City of Meridian. See attached flndlng$ ~rr-" CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW. DECISION & ORDER In the Matter of Annexation and Zoning of 4.91 Acres from RUT to R-8 AND Preliminary Plat Approval for Twenty Building Lots in a Proposed R-8 Zone for Redfeather Estates Subdivision, by Packard Estates Development, LLC. Case Nos. AZ-04-022, PP-04-029 For the City Council Hearing Date of: October 12, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matters were duly considered by the City Council at the October 5, and October 12,2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 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. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-022 & PP-04-029 - PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Packard Estates Development, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Preliminary Plat application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. S67- 6503 ). 2. The Meridian 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated June 21,2004 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-022 & PP-04-029 - PAGE 2 of4 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 21,2004 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction ofthe public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 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 use 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Annexation & Zoning Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval (all agencies) Exhibit E: Annexation and Zoning Findings Exhibit F: Preliminary Plat Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-022 & PP-04-029 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the tJcftp.e I- ,2004. 2 f; -I(} day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED /J6J~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED -$-P.-- COUNCIL MEMBER KEITH BIRD VOTED-$- a- MAYOR TAMMY de WEERD (TIE BREAKER) - VOTED Attest: and City Attorney. BY:~ J1h. ~ 1 f\A.J City Clerk Dated: l \- 2.-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-022 & PP-04-029 - PAGE 4 of 4 EXHIBIT A Legal Description IDAHO SURVEY GROUP I ~50 Eu,w",u'C'W" So Su". 150 Morio<ln.ld.ho 81642 Phone (lOll) $-16-8570 ~ (llUlf ee~-5J99 Project No. 04-108 June 23. 2004 DESCRIPTION FOR ANNEXATION PROPOSED REDFEATHER VILLAGE SUBDIVISION A parcel of land being Lot 8 of Georgianna Milk's First Subdivision as on file in Book 4 of Plats al Page 178, records of Ada county. idaho located in the SW114 of the NE 1/4 of Seelion 4, T.3N.. R.1E.. 8.M., Ada Counly, Idaho more particularly described as follows: COMMENCING at a brass cap monument marking the East 1/4 corner of said Section 4 from which a brass cap monument marking the NE corner of said Seclion 4 bears North 00.29'31" West, 2611.68 feet; thence along the East-West centerline of said Section 4 North 89048'42" West, 1327.58 feet to the CE1/16 corner of said Section 4; thence continuing along said East-West centerline North 89047'00" West, 998.72 feet to the SE comer of said Lot 8, said point also being the REAL POINT OF BEGINNING; thence continuing along said East-West centerline North 8g047'OO" West, 328.76 feet to the SW comer of said Lot 8: thence leaving said East-West centerline and along the West boundary line of said Lot 8 North 00'37'48" East, 642.57 feet to the NW comer of said LoIS; thence alon9 the North boundary line of said Lol8 South 89.48'16" East, 328.56 feet to the NE comer of said Lot 8: thence along the East boundary line of said Lot 8 South 00.36'46" West, 642,69 feet to the REAL POINT OF BEGINNING, containing 4.85 acres, more or less. JUN 29 2001, REV~PROfflz--- I.- B'I /. . MERIDIAN PUSl..lC WORKS DE?. S,~SG Pcoj<><4\Re<lfealMr E.<lnl"" Pl1<! (1Vo-1IlU)\OOCumlln\s\ro<ll..111eIWlogeANEXdoocdoc c'd SB&S-v88 1802) ">\"'1'\ "0(' dBO:10 ;'0 EZ unr EXHIBIT B Approved Preliminary Plat (File PP-04-029) -......-...-....- ..-----...--- -----..- o"O"fIr,t"k'"E~~- -""'I'I'l'J:,--~-- ~~.:,,~IIol:I_ ...-.:.::~~==. ~"1lIl;._~"tw:t ~-..:I"""'_", II'__~"" .:m~QaZIlII~:r:1~IJ.IUiD(' """,,"Nf>>Il !IJC(.iS\lJOllieWO ~ .l:lY!NOO/lB>#l(k/ I I uB!' .. 111111. a .. tin. \\ ~ ( ! ~iH H \ \ .1 I illll I allll lu ~IIIIJIU I tl ~ Ill: f C I r I t I! I ( ~ ~$i I ~ 111 JinllaJ ! 1.1 II ! i j t 'I' I:: I " , . I 1 \ \ -i- , \ \ \ lVJ.Ii_.1I1fBtk! j ~ - OMJ~!p:Jt""Jr'm""1:l.,-..o."'~ ! i~ =~! KOfIllAI<<IIaS 1 . H a... lISYTIIA lIlIlI'l.lI.<<l all Ii ifi I. 11 Jill ~d~il! II'>; ! A ='Imi~'i II ii.s"'li ~ i~PJI5iI~ .; BPi. IIPP · 01 ~&dpll I !II . I J ! I "I t 'f Ii ~ j! I . . \ - -\ i-< \ 1 i;:)" l \ r ...; 1\ ~ 1 \ c:: \1"---4 [--- I \ I I I \ I \ VI "e.,. ,,:,"'"' i - J . i -., -., " . ,'\\ I ... j I F;i EXHIBIT C Annexation and Zoning Conditions of Approval Packard Estates Development, LLC (File AZ-04-022) The City Council of the City of Meridian hereby approves the Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application (dated 6-23-04, stamped by Gregory G. Carter) shows that the property will be contiguous to the corporate boundary of the City of Meridian once Redfeather Estates Subdivision No.2 is annexed. Until the zoning ordinance is recorded for Redfeather Estates Subdivision No.2, this parcel is not eligible for annexation. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. As agreed between the applicant and the subdivision to the south, Cloverdale Meadows Subdivision, the southern ditch may remain untiled. The applicant shall construct a fence on their side of the ditch as proposed. ' 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. EXHIBIT D Preliminary Plat Conditions of Approval Redfeather Village Subdivision (File PP-04-029) The City Council of the City of Meridian hereby approves the requested Preliminary Plat as requested by the Applicant for the property described in the application, subject to the following: A. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All conditions of the Annexation and Zoning (AZ-04-022) application shall also be considered conditions ofthe Preliminary Plat (PP-04-029). 2. At least 10 days prior to the City Council meeting, provide Planning & Zoning staff with a sketch of how Lots 9 and 10, Block 1, may be built upon. Utilize a common driveway for Lots 9 and 10, Block 1. In accordance with MCC 11-9-1, the public street frontage for Lots 9 and 10, Block 1, may be reduced to 15-feet. Unless the Meridian Fire Department requires a 20-foot width, said common drive should be constructed a minimum of 16-feet wide, with crushed gravel and asphaltic concrete paving in accordance with Meridian City Code. Any portion of the flag for Lot 10 that is beyond the driveway surface shall be landscaped. A note shall be placed on the face of the final plat stating the purpose of the common driveway easement and who is to be responsible for maintenance thereof. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. Coordinate the design, construction, and any signage requirements adjacent to the common driveway on Lots 9 and 10, Block 1 with the Meridian Fire Department. 3. Prior to signature of the final plat by the City Engineer, all existing structures on Lots 1 - 5, Block 1 shall be removed. 4. Prior to signature of the final plat by the City Engineer, an ACHD approved public street access shall be provided to this site. 5. After preliminary plat approval is granted by the City Council, the applicant shall have two years (rather than one) to submit a final plat application to the City. 6. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. As agreed between the applicant and the subdivision to the south, Cloverdale Meadows Subdivision, the southern ditch may remain untiled. The applicant shall construct a fence on their side of the ditch as proposed. 8. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided along the south property line, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 10. Sanitary sewer service to this site shall be via main line extensions from a main being installed as part of the Redfeather Estates Subdivision. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. Domestic water service to this site shall be via main line extensions from mains being installed as part of the Redfeather Estates Subdivision. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard foOTIs of easements, for any mains that are required to provide service. 12. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be (. required to certify that the street centerline elevations are set a minimum of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 13. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. AU minimum lot sizes, structure setbacks, street frontage, and house size requirements shall be maintained. B. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Submit with the final plat application a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. The applicant shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 11. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. All lot, parcel and tract sizes shall meet the minimum dimensional standards as established in the zoning ordinance. 13. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. C. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate a total of 25-feet of right-of-way from the centerline of Granger Drive (an additional 5-feet) abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed 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 not be compensated for this additional right-of-way because Granger Drive is classified as a local roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Construct Granger Drive from approximately 1,300-feet west of Clover dale Road to this site's east property line with a minimum of 24-feet of pavement. 3. Construct Granger Drive abutting the property as one-half of a 36-foot street section with a minimum of 24-feet of pavement with vertical curb, gutter and 5- foot concrete sidewalk on the south side of the street and a 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff on the north side of the street. 4. Construct North Betula Avenue to intersect Granger Drive approximately 140- feet west of the east property line, as proposed. 5. Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 6. Extend East Tahiti Drive from the west property line approximately 105-feet north of the south property line, as proposed. 7. Construct a knuckle without an island in the southeast corner of East Tahiti Drive and North Betula Avenue, as proposed. Submit a design ofthe proposed knuckle to ACHDrs Development staff for final review and approval. 8. Other than the access point that has been specifically approved with this application, direct lot access to Granger Drive is prohibited. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. 2. Acceptance ofthe 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. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. Provide a 20' wide Fire Lane for all internal & external roadways. 6. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roads shall be built to Ada County Highway Standards and shan have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with a 33' street width shall have parking only on one side. No Parking signs and red-painted curbs will be required. 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 10. The proposed 20-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 58 residents at build out. 11. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. No parking signs shall be installed on any common driveway that doubles as a fire lane. Coordinate the location of the required signage with the Meridian Fire Department. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations ofNampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. G. Adopt the Recommendations of the Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. A land use change application must be on file prior to any approvals. 3. A license agreement must be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the subdivision. EXHIBIT E Annexation & Zoning Findings (File AZ-04-022) The City Council hereby approves the following analysis of required findings by staff: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the proposed zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which desi gnates the land to be Medium Density Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Redfeather Village Subdivision is 4.07 dwelling units per acre. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single-family residential subdivision would be allowed within the requested zoning district of R-8. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land directly north, west and east of the subject property has recently been approved for development similar to the proposed subdivision (Redfeather Estates Subdivision No.2). Dawson Meadows Subdivision and Redfeather Estates Subdivision No. 1 were also recently approved residential developments in the area (Boise City). Dawson Meadows Subdivision is located on the northwest comer of Cloverdale Road and Granger Drive and Redfeather Estates Subdivision No.1 is located on the southwest corner of Cloverdale Road and Granger Drive. Except for two small parcels along Ustick Road, this is the last parcel designated 'Medium Density Residential' on the Future Land Use Map that has not been approved for development in Section 4, Township 3 North, Range 1 East. The arterial streets near this site, Fairview Avenue, Ustick Road (between Cloverdale Road and Eagle Road) and Eagle Road are currently not included within ACHD's Five Year Work Program for roadway improvements. Cloverdale Road, between Fairview Avenue and Ustick Road, is currently in the Five Year Work Program for roadway widening (5-lanes, curb, gutter, and sidewalk) but is unfunded. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use wUl not change the essential character of the same area; The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. Staff finds that the proposed R-8 zoning and subsequent single-family residential uses proposed in the preliminary plat are consistent with the intended character of the vicinity, as depicted on the Future Land Use Map. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an impact of the subject development on the existing character of the area, staff finds that the impact is consistent with the intended character of the area; a mix of low and medium density residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer and water to serve this development is currently under development with Redfeather Estates Subdivision No.2. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. On August 24, 2004, ACHD staff approved this development with site-specific and standard conditions. Because vehicular access to this site is currently provided from a substandard street (Granger), the applicant may have to install off-site improvements if Granger Drive is not improved when the subject site is ready to develop. Please review the ACHD report and Preliminary Plat Special Consideration #3 below for additional information regarding this finding. On August 13,2004, ajoint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, 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; Staff finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. ACHD projects this development will generate 190 additional vehicle trips per day. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct a new public street to intersect with Granger Drive (Betula Avenue). ACHD has approved the intersection of Betula A venue and Granger Drive. Further, the applicant is proposing to extend a stub street (Tahiti Drive) from Redfeather Estates Subdivision No.2 to provide another access to the site. If the two proposed vehicular approaches (public streets) are constructed as approved by ACHD, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan (medium density residential). The land east, west and north of the subject property has already been approved for annexation and development and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that the annexation/rezone of this property would be in the best interest of the City. EXHIBIT F Preliminary Plat Findings (File PP-04-029) The City Council hereby approves the following analysis of required findings by staff: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density, 4.07 dwelling units per acre (gross), 4.9 dwelling units per acre (net) is in compliance with the land use classification, medium density residential, noted on the map. B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "0" under Annexation and Zoning Analysis for more detail. ) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public {"mancial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e. police, fire, ACHD, etc) to determine this finding. (See finding "0" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision, with conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Wrinkleneck Partners, LLC AZ 04-012 October 26, 2004 ITEM NO. 5-F REQUEST Findings for Approval- Request for Annexation and Zoning of 1.82 acres from RT to C-C zones for proposed Wrinkleneck Project - northwest comer of East Overland Road and South Locust Grove Road 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~ rIi[Q~ Date: 1tJ/;}.S/O'I Phone: Emailed: bm~l\ec( ~ VlU}Ct~-er I) COf"1 Staff Initials: JJR_ Materials presented at public meetings shall become properfy of the Clly of Meridian. See attached Findings wrrvU ( 2004 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER () rfi c~ In the Matter of Annexation and Zoning of 1.82 Acres from RUT to C-C Zone for Wrinkleneck Partners, LLC AND Conditional Use Permit for Gas Station and Convenience Store in a Proposed C-C Zone for Maverik Country Store Case Nos. AZ-04-012, CUP-04-034 For the City Council Hearing Date of: October 12, 2004 A. Findings of Pact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matters were duly considered by the City Council at the October 12,2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 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. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-04-012 - PAGE I of5 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Wrinkleneck Partners, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. S67- 6503). 2. The Meridian 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated August 4, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ.04-012 - PAGE 2 of5 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated August 4, 2004 is hereby conditionally approved; and 2. The following modifications to site specific conditions were made at the City Council hearing: a. A site specific condition was added to File No. CUP-04-034 (Maverik Country Store) requiring the site to be plumbed for stage two vapor recovery and requiring the dispenser nozzles to include shields. 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion ofthe project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.8.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO, AZ-04-012 - PAGE 3 of5 an interest in real property which may be adversely affected by the issuance or denial of the conditional use 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. F. Exhibits Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Legal Description Approved CUP Site Plan (with conditions) Annexation & Zoning Comments CUP Site Specific Conditions of Approval (all agencies) Annexation and Zoning Findings Conditional Use Permit Findings By action of the City Council at its regular meeting held on the 26 f&. day of tJcIo.6tA- ,2004. COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED /j6.r-e;...,i- COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: jOJt.D...., ~1U..J./\.LJ City Clerk's Office Dated: \l- I - 04 crTY OF MERIDIAN FINDINGS OF FACT, CONCLusrONS OF LAW AND DECISION & ORDER CASE NO. AZ-04-0I2 -PAGE5 of5 EXHIBIT A Legal Description EXHlBn "/1," A parcel orland for the pUrp.:Jse of annexation, located in the SF 1/4 of the SEI/4 of Section 18, Township 3 North. Range 1 ~ast, Boise Meridian, Ada Counly. [daho and destribed as {"Haws: llEUlNNfNG at a brll:>:> cap mOllUIlt~nt marking the SE corner of said SEI/4 ofthl.: SI-.114, thence ~\long th.: South Iim~ of.~aid SEl!4 ofthe SEl/4 S89~44' 18"Wa disliU1cC nl' 42032 feet to a poim from which a brass cap mOTlUlnetlt marking the SWcorucr nfsaid ~E 1/4 bears S89"44 '18"W a dishmcc of 2228.73 teet; . thence leavmg: said South line NOooI5'42"W a distance of 26<1.00 feet (0 a 5/8 inch rcbilr; Thctu.;e parallel with said South line N89"44'18"E a distance of423.98 feellO (i pt\im (lll bast line of said SE 1/4 of the SEJ/4~. .. .. . . Thence along said East line SOO~J I 'SW'W fI di!>tance 01'264.03 ll:-et La the POINT OF BEGINNING. Said parcel contail1~ 2.56 acres more or less and is subject to all existing t:lIsemenls and rights-of-wnys of record or implied. . EXHIBIT B Approved CUP Site Plan (see attached) \ \ , \ '^ I g-----T--~%.: i} I -..._--~...'" - --..._- ---------_._--_._---+----~~.~ -, . --- ._- ~- I I I . I u_. nf" --- -~G'.~....,------.--. i '-\ " I O-~..J [, UiO:'ItLOFE' .\ Jr "\' .! j, ~i'! ~- / \ .' t /..,,: Jr.'''', l . ; ~~~.~...~~. I ,......'Y" i i('FL'Ii:~: '../ ; :l .: I """',~\ J J.... / </1, '..'1 f __n__.____ ..----. ----rt-_r:--~~#f~- jEf-.'fi; I ~17: tAl) ~.Iffi;r '~ . P" -, - ;,wr'I"-"1 r'-J.'B:-Wf;ifl1,L/n1%;~ @y r-I, !L ,<-',<Ht7' ' , w' 00,;&%'~dt,!Ji. ~ j;-i-'\- ,F, \~ I I '~""" MflP;1h1B';::%~-%rJb ! I .' i,~, n : , ~ w"#'''~''''f<.%tr:;-;;-:, r t74" 1; ".' I ~ ~1.~~,%}.tJJ.i1:a.FT-"'-(0@{;'%:~~ - ,~ II I ~ , ~I'W&/;;C'~'IY' .,%/1/11-. I ,. '. ,I " ~ 'f;0'''iV4r' ;~h ' . I f/h rJ0~1~::ft%%%,;P/X)t: - ' . ,. 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'.",0,[ _, "'t~T1::~~~~~.<=,~~~-Hhnn. ---.-~----' --~ \{ ~~w~~ - I 1 i- T ST;.~ ~.~/~~C"'13r L~l ~...,.........._1;....-_.ij-- ~~ ~-lAo;),! , ,__).~it ' I v! i r_._.___.+-, --..-. _._._.___..,...."" ---------)---.------- _._------._---_._~ O"l:~~\D ~O.lD . -" .-------~~-------@~,,=:':'C::f--:-::i-:-::;:: :::,:::::;-.--..--..--~::::..,:::~i:~:--~~~-:~i.~--- :~~~-~_~--_~ .--. .____n. -. - - -----_____ ~--'i--... -~-~---~ -.~.~......~."":i-~........,I , J , :m~ e,'.~, '. " " h '~ 'T " I, '. " 'I I. ~ ,\1 , '-' , 2 '1 t; " ,,--- t-f ~- , in-~ ""~ ,~ ~ l ! ~ 0.. :: ;! '.,:" > :C=::" !i, z. ~ ~ PJ do. ::;~ y~..:::' -=.~ ccg;~ ..dfg. >~~~ <:(";0 2~~~ I' I' " .I " 1 :1lJ ) .1 , ., .~ 'It 1 , , " , d H I I. n ., ~~ Ut ~- :'2, ...!: ~, ~~ \\l~ "'~ ~~ +-'l- .~2 u- o. ij)~ mj f\\ ' ~ ~: C~'. , zJ <C~ :!:~ .c:.::::~ wi L;~ :E:l ~f. i-~ fiN u! ;r!~: --....- .~ '~-'" CCl\~E:J-u~. 5'T: ::LJ~ _.l . C.J.1 ~-~ -......"....,__..~~..,'_t:;;.,.. I "~ EXIDBIT C Annexation and Zoning WrinkIeneck Partners, LLC (File AZ-04-012) The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application is accurate, places the property contiguous to existing city limits, and meets the requirements of the City of Meridian and Idaho State Tax Commission. 2. The subject property is within the Urban Services Planning Area. 3. At the time of annexation, the applicant is proposing to develop/improve approximately 1.01 acres of the 1.82 acre parcel described in the annexation legal description. Prior to developing the remaining 0.81 acres of the parcel, the applicant is hereby informed that a Conditional Use Permit application must be submitted and approved prior to applying for building permits on the western portion of the site. 4. A Development Agreement will not be necessary with this annexation. All conditions of approval will be made as part of the conditional use permit. EXIDBIT D Conditional Use Permit Maverik Country Stores (File CUP-04-034) The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: Site Specific Conditions of Approval 1. The building and site improvements shall be constructed per the approved plans with all modifications required by the City Council. 2. If a free-standing sign is located at the comer of the parcel (as shown on the approved CUP Site Plan), the 1.82 acre parcel is limited to only one (1) free- standing sign. If the signage is shifted to be clearly on both frontages and closer to the primary access drives, two (2) free-standing signs would be permitted on the site. 3. The applicant shall provide some type of additional architectural treatment to improve the street appeal of the east building elevation, such as a band of coloring to match the fayade or additional brick treatment. The additional treatment should be located at least twelve (12) feet above grade. 4. Prior to the issuance of a Certificate of Zoning Compliance on the site, a recorded, perpetual vehicular cross-access easement shall be submitted in favor of the parcel to the north (Ada Co. Parcel No. S1118449550), currently owned by Ronald W. Van Auker. Said easement shall cover the 32-foot wide driveway on S. Locust Grove Road and extend along the north property line approximately 60 feet into the site. 5. The applicant shall revise the Site Plan (Sheet C-l.l, by Timmerman Assoc.) to reflect the following changes: a. Widen the sidewalk abutting the east elevation to a minimum of five (5) feet b. Add one (1), two-inch caliper deciduous tree to the three (3) landscape planters on the south side ofthe building c. Ensure that the inside dimension of said planters is a minimum of five (5) feet 6. The Preliminary Landscape Plan (Sheet L-l.l, by Timmerman Assoc., dated 7-6- 04) is not approved as submitted. Revise the plan to match the Site Plan and make the corrections as noted in condition #4. Submit a detailed landscape plan with Certificate of Zoning Compliance application. 7. Sanitary sewer service to this site shall be via main line extensions from an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Domestic water service to this site shall be via main line and/or service line extensions from mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. The site shall be plumbed for stage two vapor recovery and the dispenser nozzles shall include shields. Standard Conditions of Approval 10. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.8. 11. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet wide. 12. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 13. 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. 14. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 15. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 16. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for aU off-street parking areas. Storm water treatment and disposal must 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. 17. Certificate of Occupancy: All required improvements must 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 must accompany any request for temporary occupancy. Fire Department Conditions 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yi" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Fire lanes and streets shall have a vertical clearance of 13'6". This includes the fuel dispensing island canopy and all landscaping. 4. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 5. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 6. Maintain a separation offive feet from the building to the dumpster enclosure. 7. All processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. 9. All Common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 10. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Sanitary Services Company Comment: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Police Department Comment: 1. The Police Department has no concerns related to the site design submitted with the application. Parks Department Comment: 1. The Parks Department has no concerns with the site design as submitted with the application. Ada County Hie:hway District Conditions: Site Specific Conditions of Approval Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with frle number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. AU design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Central District Health Department Conditions: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Plans must be submitted to Central District Health for plan review of any convenience store use. 5. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a storm water management system that prevents groundwater and surface water degradation. Nampa & Meridian Irri2ation District Conditions: 1. AU laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. 3. All laterals and wasteways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E The City Council hereby approves the following analysis of required findings by staff: ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; Staff finds that the requested Community Commercial (C-C) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Community". Meridian City Code (MCC) 11-7-2.L states the purpose of the C-C district is "to permit the establishment of general business uses that are of a larger scale than a neighborhood business. . .and to prohibit strip commercial development and encourage the clustering of commercial enterprises." The following Comprehensive Plan policies also support the annexation and proposed retaiVfuel service use: . "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the CUP application for this property shows internal planters, as required. . "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial use is located at the intersection of two minor arterial roadways. A 25-foot wide street buffer is shown along the streets, designed in part to mitigate potential negative impacts upon the residential subdivision on the south side of Overland Road. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) ACHD is requiring the applicant to locate the two curb cuts to the property at the future property boundaries so the cuts can be shared with adjacent development. In addition, the Overland Road curb cut is restricted to right-in/right-out/left- in only. B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed rezone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. The area designated as "Future Development" west of the Maverik site is anticipated to remain C-C zoning in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. Staff further finds that the proposed convenience store use will only be allowed with the approval of a Conditional Use Permit in this mixed use area. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the immediate vicinity is a mix of undeveloped county parcels that are designated for a mix of uses in the future, existing urban density residential uses (Sportsman Pointe), and property annexed and zoned as commercial property. The southeast comer of Locust Grove and Overland (approx. 14 acres) was annexed and zoned C-N (Neighborhood Commercial) in 2000 as part of the Resolution Subdivision planned development. Immediately south of that parcel is a church that was constructed in 2002. The widening of Overland Road to 5 lanes, the construction of Mt. View High School, the signalization of the intersection, and the Locust Grove/I-84 overpass construction in 2006 are all indicators of a need for commercial services south of the interstate. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. The proposed retail/fuel service use in harmony with the intended uses in the C-C district. The western edge of the proposed Maverik development (center of the Overland Road entrance driveway) is approximately 30 feet east of Sportsman Pointe Subdivision's nearest lot. The application does not indicate potential future uses on the west half of the 1.82 acre parcel. However, any future use will only be allowed through a public hearing/CUP process. The landscaped street buffers, lighting standards and building setbacks as required by the Zoning Ordinance are intended to ease impacts of these commercial uses on nearby residences. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested annexation and zoning to C-C should not be disturbing to existing or future neighboring uses. Any future change of use on the property that may have a significant impact on the surrounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. Staff anticipates that the proposed commercial use will not be hazardous or disturbing to the neighboring uses as long as lighting and noise ordinances are adhered to. The Commission and Council should consider all public testimony, oral and written, before making this finding. G. Will be served adequately by 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 establishnient of proposed conditional use shall be able to provide adequately any such service; Staff fmds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed annexation would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed C-C zoning ofthe property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-C zone include car wash facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require CUP applications which will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The accompanying CUP application shows vehicular access to the property via two (2) existing curb cuts that were installed as part of the 2003 Overland Road project. The property owner negotiated the locations and design of these ingress/egress points with ACHD. To help prevent interference with westbound Overland traffic and southbound Locust Grove traffic, left tums are prohibited out of the site. Please see the ACHD staff report for more information regarding vehicular approaches and traffic. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic features will be lost or damaged by the project. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed annexation would be in the best interest of the City by increasing the supply of land zoned for neighborhood and community-oriented commercial/retail uses south of 1-84. The proposed zoning complies with the Future Land Use Map, is not proposing any variances or exceptions to Meridian City Code and will allow for the improvement of land at a high visibility intersection in the Area of Impact. EXHIBIT F The City Council hereby approves the following analysis of required findings by staff: CONDITIONAL USE PERl\1IT STANDARDS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (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; Staff finds that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the ordinance for a convenience store and fuel service use. The minimum number of required off- street parking spaces are shown (19), along with the 25-foot wide street buffers and drive aisles. While the north half of the Locust Grove Road entrance driveway is actually outside the proposed annexed area, staff does not believe this is a problem since both parcels are owned by Van Auker. 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; The current Comprehensive Plan Land Use Map designates the property as Mixed Use-Community. Staff finds that if the modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. See items A and C under the Zoning Amendment Analysis. 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; Staff finds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this r ( .. finding. See item F under the Zoning Amendment Analysis. E. That the proposed use will be served adequately by 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; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed annexation would not be detrimental to the economic welfare of the community. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed C-C zoning of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-C zone include car wash facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require CUP applications which will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The accompanying CUP application shows vehicular access to the property via two (2) existing curb cuts that were installed as part of the 2003 Overland Road project. The property owner negotiated the locations and design of these ingress/egress points with ACHD. To help prevent interference with westbound Overland traffic and southbound Locust Grove traffic, left turns are prohibited out of the site. Please see the ACHD staff report for more information regarding vehicular approaches and traffic. 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. Staff finds that no natural or scenic features will be lost or damaged by the project. ( October 22, 2004 MERIDIAN CITY COUNCIL MEETING CUP 04-034 October 26,2004 APPLICANT Maverick Country Stores, Inc. ITEM NO. 5-G REQUEST Findings for Approval - Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country store - 1495 South Locust Grove Road 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT I-:IEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted:~ J )'Yl-~./ Date: J~( Jfi {lit Phone: Emailed: b M / flQ (" G2 VLtn o.......k,e! . C.Or(J Staff Initials: /.-R - Materials presented at public meetings shall become property of the City of Meridian. See attached Findings ~ifV CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AI' DECISION & ORDER In the Matter of Annexation and Zoning of 1.82 Acres from RUT to C-C Zone for Wrinkleneck Partners, LLC AND Conditional Use Permit for Gas Station and Convenience Store in a Proposed C-C Zone for Maverik Country Store Case Nos. AZ-04-012, CUP-04-034 For the City Council Hearing Date of: October 12, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code 967- 6509. The matters were duly considered by the City Council at the October 12,2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code S9 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. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-04-0 12 - PAGE ] of 5 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Wrinkleneck Partners, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. S67- 6503). 2. The Meridian 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated August 4, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-04-0 12 - PAGE 2 of 5 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated August 4,2004 is hereby conditionally approved; and 2. The following modifications to site specific conditions were made at the City Council hearing: a. A site specific condition was added to File No. CUP-04-034 (Maverik Country Store) requiring the site to be plumbed for stage two vapor recovery and requiring the dispenser nozzles to include shields. 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-04-012 - PAGE 3 of5 an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved CUP Site Plan (with conditions) Exhibit C: Annexation & Zoning Comments Exhibit D: CUP Site Specific Conditions of Approval (all agencies) Exhibit E: Annexation and Zoning Findings Exhibit F: Conditional Use Pennit Findings By action ofthe City Council at its regular meeting held on the tJc.-k~ ,2004. 2 b 1-6. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED /If;~1- COUNCIL MEMBER CHARLIE ROUNTREE VOTED$a.- VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: ... '\ - .... - .... Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. BY:~o. ~h. ~ 0 J\U City Clerk's Office Dated: ll-l- 04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO. AZ-04-012 - PAGE 5 of5 EXHIBIT A Legal Description EXHIBIT B Approved CUP Site Plan (see attached) I. 6 ~ :1 ,,' '\tii i _~ '~---";f)1JCl I _."" 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' . ---'-.-+ I ,--"",', ' ',' i ' 1--' : ~' ~~T-I4-t-/. I' ~, 'f" ,...;. Ii, )i,'Mlll~\ /~l ;~,;;~ ,'II ' "/'! ' _ "'" 'l,t ,i I I I , I, ,~ ' r""" ,,' " \ ' ,_~ ,_""","TJm_'" " ,I ,,_= ~ I-- -'-' ,," ,.J , ' ' ..m_L" '" : I ~~ '"" '][,];" .+- ' ___._ ",':iT "",,=. ",,' ,) I' AM " ,- ..~- 1'..!f!.n1J--'';~/--- ~__, J,~ '. ~ ~ G _____~_ ~'I<'I:! ., , _, ," m.m -,' y , " \~ I ,m.m._ ::",-~' , T ~f tr , i $F I ~1 I~ ; 1:\ i 2j m, ~~ :s~ ~2 'g" I: I\)i Ii) ; (\\, . ~ 'i fl t __ ~ ,'i,:~ ',(\; Z J .: ., --1- -.-. .~- "... '" "'=::f""c..m... < I " " G<C;;;;;;;"~'-----' :E:, , , ' '." "+''''':::~:":;',:C,;:::;::::~.:',~:::;;::,,,... ~ ...... -'--", :-' I\,!L i ~ ~ I +.-->---<'m._'um' __~ ------ ' ~~ I %: i I _ 'm ---;-'n..' U "< j:: ~ ! ('t'l..t~- ',-, ,,'" ...vl\ ~_ u' t-.-- . ,6., ' ..~~ ~_:J)::;)N.~Ci _^~~~_t;'.;''''; "1.1 \ \ \ --. -- ----...--- ---------....- ---..-- -~ ---- \ . \;-.. i -,._'" l ';/ I 'Bi ~-- i , , ' .'-'j ---_'~,.-~nn : I ' ... - r h.-. h----{l \ \ WOEiELCfED \ I On_.J i r C:'fi~~er l\ gi. I : }c, g __?~r- -- - ~~ __~........._"I".",a, [j] .. .-.-<;.-.-.1)- o )dJt! I~'H~ .. It; :' ,i 'f " i! i l ~ 'I i " j. ~ tl .~t iC i~ 'i '7 I I. =_ j! j ~ ~ Ul i ~ I I; I r~ ~ ~' I ~ IO-Pt; :: ;J; ~ l ~ 1 ~ >- i; i g: ~ :: I ~ i ~l .J 1 :' )SJ 'Ii) ~i ;, c y:;; ;: 1 [y~~~ i =~'~F ;. . ~.~~~ ~~_ ! 2~g~ : i I I !i I I 1 I ; ! i t j J ! ~ " I I ------.! EXHIBIT C Annexation and Zoning Wrinkleneck Partners, LLC (File AZ-04-012) The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application is accurate, places the property contiguous to existing city limits, and meets the requirements of the City of Meridian and Idaho State Tax Commission. 2. The subject property is within the Urban Services Planning Area. 3. At the time of annexation, the applicant is proposing to developlimprove approximately 1.01 acres of the 1.82 acre parcel described in the annexation legal description. Prior to developing the remaining 0.81 acres of the parcel, the applicant is hereby informed that a Conditional Use Permit application must be submitted and approved prior to applying for building permits on the western portion of the site. 4. A Development Agreement will not be necessary with this annexation. All conditions of approval will be made as part of the conditional use permit. EXHIBIT D Conditional Use Permit Maverik Country Stores (File CUP-04-034) The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: Site Specific Conditions of Approval I. The building and site improvements shall be constructed per the approved plans with all modifications required by the City Council. 2. If a free-standing sign is located at the corner of the parcel (as shown on the approved CUP Site Plan), the 1.82 acre parcel is limited to only one (1) free- standing sign. If the signage is shifted to be clearly on both frontages and closer to the primary access drives, two (2) free-standing signs would be permitted on the site. 3. The applicant shall provide some type of additional architectural treatment to improve the street appeal of the east building elevation, such as a band of coloring to match the fa9ade or additional brick treatment. The additional treatment should be located at least twelve (12) feet above grade. 4. Prior to the issuance of a Certificate of Zoning Compliance on the site, a recorded, perpetual vehicular cross-access easement shall be submitted in favor of the parcel to the north (Ada Co. Parcel No. SI118449550), currently owned by Ronald W. Van Auker. Said easement shall cover the 32-foot wide driveway on S. Locust Grove Road and extend along the north property line approximately 60 feet into the site. 5. The applicant shall revise the Site Plan (Sheet C-l.l, by Timmerman Assoc.) to reflect the following changes: a. Widen the sidewalk abutting the east elevation to a minimum of five (5) feet b. Add one (1), two-inch caliper deciduous tree to the three (3) landscape planters on the south side of the building c. Ensure that the inside dimension of said planters is a minimum of five (5) feet 6. The Preliminary Landscape Plan (Sheet L-l.l, by Timmerman Assoc., dated 7-6- 04) is not approved as submitted. Revise the plan to match the Site Plan and make the corrections as noted in condition #4. Submit a detailed landscape plan with Certificate of Zoning Compliance application. 7. Sanitary sewer service to this site shall be via main line extensions from an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Domestic water service to this site shall be via main line and/or service line extensions from mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. The site shall be plumbed for stage two vapor recovery and the dispenser nozzles shall include shields. Standard Conditions of Approval 10. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.8. 11. All 90-degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 11-13-4.F. All drive aisles adjacent to parking shall be at least 25 feet wide. 12. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 13. 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. 14. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 15. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 16. A drainage plan designed by a State of Idaho 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 must 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. 17. Certificate of Occupancy: All required improvements must 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 must accompany any request for temporary occupancy. Fire Department Conditions 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Fire lanes and streets shall have a vertical clearance of 13'6". This includes the fuel dispensing island canopy and all landscaping. 4. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 5. The proposed project lies outside the five-minute response zone goaL Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 6. Maintain a separation of five feet from the building to the dumpster enclosure. 7. All processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. 9. All Common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 10. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Sanitarv Services Companv Comment: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Police Department Comment: 1. The Police Department has no concerns related to the site design submitted with the application. Parks Department Comment: 1. The Parks Department has no concerns with the site design as submitted with the application. Ada County Hiehwav District Conditions: Site Specific Conditions of Approval Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Central District Health Department Conditions: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Plans must be submitted to Central District Health for plan review of any convenience store use. 5. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Namoa & Meridian Irrhmtion District Conditions: 1. All laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. 3. All laterals and wasteways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT E The City Council hereby approves the following analysis of required findings by staff: ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; Staff finds that the requested Community Commercial (C-C) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Community". Meridian City Code (MCC) 11-7-2.I. states the purpose of the C-C district is "to permit the establishment of general business uses that are of a larger scale than a neighborhood business. . .and to prohibit strip commercial development and encourage the clustering of commercial enterprises." The following Comprehensive Plan policies also support the annexation and proposed retail/fuel servIce use: · "Permit new. . . commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Sanitary sewer, municipal water, solid waste and other services exist to this area of Meridian. · "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the CUP application for this property shows internal planters, as required. · "Locate new community commercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) The proposed commercial use is located at the intersection of two minor arterial roadways. A 25-foot wide street buffer is shown along the streets, designed in part to mitigate potential negative impacts upon the residential subdivision on the south side of Overland Road. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2) ACHD is requiring the applicant to locate the two curb cuts to the property at the future property boundaries so the cuts can be shared with adjacent development. In addition, the Overland Road curb cut is restricted to right-in/right-out/left- in only. B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed rezone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned in the future. The area designated as "Future Development" west of the Maverik site is anticipated to remain C-C zoning in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. Staff further finds that the proposed convenience store use will only be allowed with the approval of a Conditional Use Permit in this mixed use area. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the immediate vicinity is a mix of undeveloped county parcels that are designated for a mix of uses in the future, existing urban density residential uses (Sportsman Pointe), and property annexed and zoned as commercial property. The southeast corner of Locust Grove and Overland (approx. 14 acres) was annexed and zoned C-N (Neighborhood Commercial) in 2000 as part of the Resolution Subdivision planned development. Immediately south of that parcel is a church that was constructed in 2002. The widening of Overland Road to 5 lanes, the construction of Mt. View High School, the signalization of the intersection, and the Locust Grove/I-84 overpass construction in 2006 are all indicators of a need for commercial services south of the interstate. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing neighborhood. f. The proposed retail/fuel service use in harmony with the intended uses in the C-C district. The western edge of the proposed Maverik development (center of the Overland Road entrance driveway) is approximately 30 feet east of Sportsman Pointe Subdivision's nearest lot. The application does not indicate potential future uses on the west half of the 1.82 acre parcel. However, any future use will only be allowed through a public hearing/CUP process. The landscaped street buffers, lighting standards and building setbacks as required by the Zoning Ordinance are intended to ease impacts of these commercial uses on nearby residences. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested annexation and zoning to C-C should not be disturbing to existing or future neighboring uses. Any future change of use on the property that may have a significant impact on the surrounding properties will require conditional use approval under current ordinances, and adjoining property owners will have an opportunity to comment. Staff anticipates that the proposed commercial use will not be hazardous or disturbing to the neighboring uses as long as lighting and noise ordinances are adhered to. The Commission and Council should consider all public testimony, oral and written, before making this finding. G. Will be served adequately by 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 service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed annexation would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed C-C zoning of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-C zone include car wash facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require CUP applications which will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The accompanying CUP application shows vehicular access to the property via two (2) existing curb cuts that were installed as part of the 2003 Overland Road project. The property owner negotiated the locations and design of these ingress/egress points with ACHD. To help prevent interference with westbound Overland traffic and southbound Locust Grove traffic, left turns are prohibited out of the site. Please see the ACHD staff report for more information regarding vehicular approaches and traffic. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that no natural or scenic features will be lost or damaged by the project. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed annexation would be in the best interest of the City by increasing the supply of land zoned for neighborhood and community-oriented commercial/retail uses south of 1-84. The proposed zoning complies with the Future Land Use Map, is not proposing any variances or exceptions to Meridian City Code and will allow for the improvement of land at a high visibility intersection in the Area of Impact. EXHIBIT F The City Council hereby approves the following analysis of required findings by staff: CONDITIONAL USE PERMIT STANDARDS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (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; Staff finds that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the ordinance for a convenience store and fuel service use. The minimum number of required off- street parking spaces are shown (19), along with the 25-foot wide street buffers and drive aisles. While the north half of the Locust Grove Road entrance driveway is actually outside the proposed annexed area, staff does not believe this is a problem since both parcels are owned by Van Auker. 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; The current Comprehensive Plan Land Use Map designates the property as Mixed Use-Community. Staff finds that ifthe modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. See items A and C under the Zoning Amendment Analysis. 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; Staff finds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. See item F under the Zoning Amendment Analysis. E. That the proposed use will be served adequately by 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; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Drainage will need to be retained on site. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed annexation would not be detrimental to the economic welfare of the community. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed C-C zoning of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. Permitted uses in the C-C zone include car wash facilities, banks, professional offices, clinics, dry cleaning, hotels, restaurants and retail stores. However, as noted above, all future uses will require CUP applications which will allow for public testimony and site specific conditions, if necessary, to mitigate uses that may be detrimental to any persons, property or the general welfare. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The accompanying CUP application shows vehicular access to the property via two (2) existing curb cuts that were installed as part of the 2003 Overland Road project. The property owner negotiated the locations and design of these ingress/egress points with ACHD. To help prevent interference with westbound Overland traffic and southbound Locust Grove traffic, left turns are prohibited out of the site. Please see the ACHD staff report for more information regarding vehicular approaches and traffic. 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. Staff finds that no natural or scenic features will be lost or damaged by the project. October 22, 2004 MERIDIAN CITY COUNCIL MEETING AZ 04-005 October 26, 2004 APPLICANT Packard Estates Development, LLC ITEM NO. 5-H REQUEST Findings for Approval - Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3 - east of North Locust Grove Road and south of East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: llt~ -r 04J. O~~ Date: loldS(D9 Phone: Emaifed: -1--(,o.../~q ~ 6J (Me i " f\-e..,+ Staff Initials: JJ<~ Materials presented at public meeflngs shall become property of the Clfy of Meridian. See attached Findings ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW. DECISION & ORDER In the Matter of the Annexation and Zoning of 5.27 Acres from RUT to R-4 Zones and a Request for Preliminary Plat Approval of Twenty (20) Building Lots and One (1) Other Lot on 5.27 Acres in a Proposed R-4 Zone for Packard Acres No.3 Subdivision, by Packard Estates Development, LLC Case No(s).: AZ-04-005, PP-04-006 For the City Council Hearing Date of: October 12, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the October 12,2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City CounciL On May 18, 2004, the City Council remanded both applications to the P&Z Commission. On September 16, 2004, the Commission made a second set of recommendations to the City Council. d. On October 12, 2004, the City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). AZ-04-00S, PP-04-006 - PAGE 1 of 4 evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staffreport and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Packard Estates Development, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit G and H for the findings required for each type of application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. S67- 6503). 2. The Meridian 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 07-22-04 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe applications. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-005, PP-04-006 - PAGE 2 of 4 Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval ofthe preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 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 use 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit c: Annexation and Zoning Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval Exhibit E: ACHD Conditions of Approval Exhibit F: Central District Health Department Conditions of Approval Exhibit G: Annexation and Zoning Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-005, PP-04-006 - PAGE 3 of 4 Exhibit H: Preliminary Plat Findings By action 0 the City Council at its regular meeting held on the .er- , 2004. /" .flo.. 20 - dayof COUNCIL MEMBER SHAUN WARDLE VOTED ~ /#J~ COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED fjecu COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) --.. VOTED \ SEAL ) ~ C? ~ ~ .-4;'..... ,\0 1,,0 _::: ~"?() ~.::tr 1S\ . '('-:;.' ~ :dt t'>-. ~ ? -7.r. '0" - ,'" ""/1 "-'CU" ,.,.v "i; ,,\. 1I11 .'Ii ~ . . .\,\\ Copy served upon Applicant, The Planning andJ.zgH1Hgl'D'~Partment, Public Works Department Attest: and City Attorney. By: ~ A I\. H J\'\....., ity Clerk Dated:-L\ .:J -04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-005, PP-04-006 - PAGE 4 of 4 EXHIBIT A Legal Description '~~~~~fJ~~~~~0i ;': .~; :~- ;:/;_~.(' ,;: ;",' .- ":di {1.,i;:~:~;&;:i:;.:::: ,-_. .-', .:<.-,> c ,ic ,. , 'J ..;'<>~~~'..;:;<: -- -. .. ..~ ... .....J .'.'h:lt"'r~. .2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 Project No.: 2427 Date: February 13, 2004 Revised: June.15, 2004 . DESCRIPTION OF PACKARD ACRES SUBDIVISION No.3 A parcel of land being a resubdivision of Lot lO of Block 5 of Packard Acres Subdivision No.2 as on file in Book 85 of Plats at Pages 9502 and 9503 in the Office of the Recorder for Ada County, Idaho and a portion of the SE 1/4 of the NW I/4 of Section 5, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, said parcel being more particularly described as follows: COMMENCING at an iron pin marki.ng the North l/4 comer of said Section 5, thence along the North-South center of section line of said Section 5 South 00027'32" West 1923.39 feet to a brass cap marking the Northeast comer of said Lot 10, said point also being the POINT OF BEGINNING; thence continuing South 00027'32" West 353.47 feet to an iron pin marking the SouthellSt corner of the North 112 of the South II2 of the SE 1/4 of the NW 1/4 of said Section 5; thence along the Southliri~ of said North 112 of the South 112 of tbeSE 1/4 of the NW I14 North89~?T08", West~70.82 feetto anir9" pinon the East line of Chateau Mead<!,'I'{s:E~tlq.8!lson file;}Ilthe .office oft.l1~Recorder forAda County, Idaho; th~~~.~longsai.<lEastlineof Chiteau Meadows E:a.o;t:N"0.8<~. ..' ....... '.;.iNohh00026' 46"EaSt 33(82 feet to an iron'pinon the South line of said Packard ;\2~g~'~ti&Iivjsi6i1No~..2;thence along said Southliii~i~S\}..;..... ;>i:;'>;;,;South 89035'39" EaSt 158.56 feet to an itonpirimarking the Southwest comer of .~Silld Lbit 0; thence along the NculherIy line of S1l.i~I,of1 0 along the arc of a curve to the right having a radius of20.00 feet, a central ;:mgI~gf:?0054>57", a length of24.75 feet l'nd a long chord that bears/~,' North 54058'55" East 23.20 feet to an iro~I>mmarking a point oftangent; thence continuing". South 89033'3T' East 395.37 feet to an ita continuing along the arc of curve to the left hav'. of 05041 '1l ", a length of12.41 feet and a longe North 87035'48" East 12.40 feet to an ir continuing ....... ,'. .....North 84045'12" East 78.65 feetto~) ithencccontinuing,a1ongthl{arcfpfa cUJ'\'e to . central angle of q5,~40'48'.\(forfJierIy 05~4J 'I that bciiis.. ........;..".."J>i.. . ......,;W!;.;;{;;i~;7':} . N6rt1i 8?~35'36';EaSt 7.43 f~et (foI POINTQFBEG.I:NNING:( ...",i . .. m~king a point of curve; thence \~~rof 125.00 feet, a cenlral angle s · g a point of tangent; thence . .... king a point of curvature; 'yingaradius of75.00 feet, a of7:44 feet,an~a}<!,ng chord ~.'.48" East 7.44 feet) to the 55.27 Acres, more or less. EXHIBIT B See Attached Preliminary Plat III"Yncml'~1 pACml) ESUlES tI\'f1.Cf/;PI1, llC WlHtIS\lJYEIllYAY S\/IE ~ Il(&, 0 allG i!~IDI D!l1!l:J, IM'A-/ltWlI ~Tll!I D!llRl:T ~!Wa <<STRICT: IlWHGWH~ tlSTRlCT ~,on fll\mlW( Y.lm..llm:!' Oil ({ WlW.~ Mlli2i'lV un ~ EillTII* Wl COIJITY t'il;tfOlro. R'~ .IJMU!IlCI SI1E moVill: 1,000 ~n IIlt\I.I>\ m SIlt t'il;CfM, 8.OZS SQfT. Illlii' I, JJ.L Sll'!!. om>\tt TO It ltTiIlG 11I/ $l!E, 1 s11ll"tllJPRm:/DlTS TO 8t !lilT TO l,ellO, $I~ 3. JJ.L lOtS~. rei! SI~E Will CKLlW OCT, ( ~ Ol'EUJl; 5IZE ~ l,leO mw: ril1. ;, lOI ~,KC<< 5 ~ TO IE Dml:11ID rOlIJ!i ~y JJ.L PllWi'I;TY OlllW \ITIIi TI! ~ ~ mllWll It A!.!ffAliEll ~y !l( IImQllm A5SOCI\MtI, 6, Wl~ lOOSE I1Il01\ 20 111, elCQ; 5 'ill Ii RtM'IEO, O/[Ij illl Cll:CllAIDI, lOT ~ . ',l~ WT . 5S rI rotAL mKill r" !\5.i,llGmMClSrClll-4, filii/I, lotAL SOOTS' !ii' IJI ItAII, 5' 1JIi, lU Ii'IER>:4l.S' Mt SIX ~I STilIEjI lOCJJ.smilS'!<)' ~ !il6Ul.Ol/l.EtoIS ~ lOIn. 'lllOTS I ., jl " ~J Y' ~~t .s, tg~ t f e~t~ 'J.Jl.(Jl1: ~ r-~~~~[\ ~os o ~e\ ~~t. ~(l. r~e ell~ E~:n c~f.; o~, ..(;1'.,,~ ,itl r" ell" PRELIMINARY PLAT OF PACKARD ACR~S SUBDIVISION NO.3 IRt~ eflO! n,!I.({l,j tf PID'JiJlI.iliSSEfI&ll>>1.2 00 I PWOOl Cf 1fE IN V4, S1Clr.!l5. 13(,U"BA, :I!lI~, IDA C<<liTY.~!JI) 2004 N t " 21 , " oJ "' "- i fWOIIII r~~' , wmJI_. '-" !l:IlllIIt .EU~.mc' mm .-.....- ~LK --............ a:N'Uu[ -"'U< -rt:I'U3~~LJC ----- XCll>tlll! SlHl'iII1ntlK IJInUE """"""''''''' ~ ~~MTQ ~- ~ ,"'","'U' . _lIflailO -"'""'''' IllW~~jjIQjhl'UUI' .1~'U~'i(>> """" .11V;11L11 TIC_ iJ!mil: :Il.tUnli!l {ZJe:Rn Ff ~UiIIlI<ll ~FI[~ -j--+- ~!l\DLKlIm~ ..........- lW(G1A;D:U( -~- PWWC~II(A~UC l =-0' ~Ctn Of IfAY tm:.ll mm _ ;iil }oil! . ". i:: [~; !IJ II ~ " ~i..'.;.'j'! I j z' i . r j; j I ~'!Il: i I ~I t <~ n i~ UI ~ ~ i~l ~ ~. j ~ ~!i ~:5 I~/ )o~ ~A" C:IT, de .. ~ ~ ~~'i i'" ~. ~ ~ ~~ ~ ~~ I~ ~ II -Ud1fim'JC&rd1r ..,'" -...'" 'HtMWf.iQ -!:JH.IilX:luJi"J S'illJ I OF J ~Ill-hl: EXHIBIT C Annexation and Zoning Packard Acres No.3 Subdivision (File AZ-04-005) The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application (dated 6-15-04, stamped by David N. Marks) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 5. Prior to annexation, a Development Agreement shall be entered into between Packard Estates Development, LLC and the City of Meridian. Said agreement shall include a condition that the developer deposit the sum of $8.000 into a fund for use by the Wingate Lane User's Association for the construction of a gate across Wingate Lane. If substantial completion of the gate is not completed within one year from the execution of the deposit the entire fund balance of $8,000 shall revert back to the developer. EXIllBIT D Preliminary Plat Packard Acres Subdivision No.3 (File PP-04-006) Site Specific Conditions of Approval 1. Applicant has provided a chainlink fence along the southern border and a wood fence along the western border as perimeter fencing and these fences may remain. 2. The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior to the issuance of any building permits within the subdivision. 3. If the subject application is approved, the following conditions shall be placed on the final plat: a. Direct lot access to Wingate Lane is specifically prohibited and this prohibition shall be referenced in the subdivision's Covenants, Conditions & Restrictions. b. Prior to annexation. a Development Agreement shall be entered into between Packard Estates Development. LLC and the City of Meridian. Said agreement shall include a condition that the developer deposit the sum of $8,000 into a fund for use by the Wingate Lane User's Association for the construction of a gate across Wingate Lane. If substantial completion of the gate is not completed within one year from the execution of the deposit. the entire fund balance of $8.000 shall revert back to the developer. c. The developer shall have their attorney draw up a release of dominant parcel interest in the private lane easement and record it prior to signature on the final plat. Also, provide a recorded copy of deed restrictions to prohibit access to Wingate Lane and forbid gates from adjoining lots or removal of permanent fencing on these lots prior to applying for building permits. 4. A permanent fence matching the existing Packard Acres No.2 materials shall be constructed by the developer on the western boundary of the Wingate Lane private road easement. 5. Lot 16, Block 1 shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 6. Please submit any up-to-date groundwater monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 7. Sanitary sewer service to this site shall be via main line extensions from an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Standard Conditions of Approval (Preliminarv Plat) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of theesubdivision pursuant to MCC 12-13-10-8. 3. Please submit with the final plat application a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to City Engineer signature on the final plat 5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance, shall be submitted for the subdivision with the final plat application. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department 7. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. Meridian Fire Department Conditions of Approval 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. EXlDBIT E Ada County Highway District Conditions of Approval PacI{ard Acres Subdivision No.3 (File PP-04-006) A. Site Specific Conditions of Approval 1. Construct the internal local roadways (E. Meadowgrass Street and N. Devlin Avenue) as 36-foot street sections with curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. 2. Extend E. Meadowsgrass Street into the site across the private road easement for Wingate Lane at the east property line. 3. Extend N. Devlin Avenue at the north property line into the site. 4. Construct N. Devlin A venue as a stub street to the 5-acre parcel adjacent to the south of the site. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 5. Pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis Street its full width and at least 30-feet beyond the edge of the concrete sidewalks. 6. Comply with all Standard Conditions of ApprovaL B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHIBIT F Central District Health District Conditions of Approval Packard Acres Subdivision No.3 (File PP-04-006) 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHIBIT G The City Council hereby approves the following analysis of required findings by staff: ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " Thefollowing is the list ofstandardsfound in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the proposed zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a minimum target density of three (3) du/acre in the Comprehensive Plan and Packard Acres No. 3's gross density is 3.49 du/acre. In addition, Chapter VII of the Plan encourages infill development and the connectivity of subdivisions, which this subdivision accomplishes. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. Besides the 5-acre, undeveloped parcel to the south (owned by the Sharps), there are several large, undeveloped county parcels to the north of the site on the south side of Us tick Road. Rezone applications are anticipated on these parcels in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single family residential subdivision would be allowed within the requested zoning district of R-4. The accompanying preliminary plat demonstrates the land will be developed in lot sizes, housing types and other dimensional requirements that conform to the new zoning. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land directly north, west and east of the subject property is annexed and constructed similar to the proposed subdivision (Packard Acres and Chateau Meadows East subdivisions). The majority of the subject section (T3N, RIE, 5) is designated for residential development similar to the proposed project. Staff finds there is adequate public street infrastructure, emergency access and other municipal services to serve this infill site. The proposed number of new units (20) is not anticipated to create a demand that the existing infrastructure cannot handle. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed single family residential use will have some change impact on the existing character of the adjacent county parcel to the south. The intended character of the subject parcel and the immediate vicinity is low to medium density residential uses. The proposed use conforms with the Future Land Use Map. The design and density conforms to the Comprehensive Plan policies. To avoid street maintenance problems due to gravel being tracked onto the roadway, ACHD is requiring the applicant to pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis Street its full width and at least 30-feet beyond the edge of the concrete sidewalks. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous as long as construction traffic and house construction is conducted in a manner consistent with Meridian City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the property to be annexed will or can be served adequately by essential public facilities and services if all conditions of approval are met by the applicant. AU public streets that can be extended into the property are proposed to be extended and utilized. The applicant will be required to extend water and sewer lines to and through the proposed development, thereby making them available to the undeveloped property to the south. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. I. Will the proposed uses not involve uses, activities, 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; Staff recognizes that traffic and noise will increase upon build-out ofthe proposed subdivision. ACHD projects the development will generate 200 additional vehicle trips per day. However, staff does not feel that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. Staff finds that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the applicant's companion preliminary plat demonstrates the vehicular approaches and public streets will be designed in a logical and safe manner. In addition, the ACHD Commission approved the preliminary plat application and the proposed vehicular approaches/access points. The Commission and Council should review ACHD comments concerning vehicular approaches and traffic generation. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan (medium density residential) and infill policies/goals. The land east, west and north of the subject property has already been annexed and this is a logical expansion of existing zoning and land uses. EXHIBIT H The City Council hereby approves the following analysis of required findings by staff: PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density, 3.79 dulacre (gross), is in compliance with the land use classification, medium density residential, noted on the map. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See the findings under "Annexation and Zoning" for more detail.) c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public [mandai capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e. police, fire, ACHD, etc) to determine this finding. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there are no other health, safety or environmental problems associated with the proposed development. ( October 22, 2004 MERIDIAN CITY COUNCIL MEETING PP 04-006 October 26, 2004 APPLICANT Packard Estates Development, LLC ITEM NO. 5wl REQUEST Findings for Approval- Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No.3 - east of North Locust Grove Road and south of East Usfick Road 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: conlacied?~~ DOle:~ Phone: Emailed::f-.tCtt.s g - .. I\eI- Sfaff Inifials: AJ<... Materials presented at pubflc meetings shall become property of the City of Meridian. See attached Findings ~~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W DECISION & ORDER In the Matter of the Annexation and Zoning of 5.27 Acres from RUT to R-4 Zones and a Request for Preliminary Plat Approval of Twenty (20) Building Lots and One (1) Other Lot on 5.27 Acres in a Proposed R-4 Zone for Packard Acres No.3 Subdivision, by Packard Estates Development, LLC Case No(s).: AZ-04-005~ PP-04-006 For the City Council Hearing Date of: October 12, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the October 12, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. On May 18, 2004, the City Council remanded both applications to the P&Z Commission. On September 16, 2004, the Commission made a second set of recommendations to the City Council. d. On October 12, 2004, the City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04.005, PP-04-006 - PAGE I of 4 evidenced by the Affidavit ofMail1ng, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Packard Estates Development, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit G and H for the findings required for each type of application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967- 6503). 2. The Meridian 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public ifthe attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated 07-22-04 as shown in Exhibit B and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the applications. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-04-005, PP-04-006 - PAGE 2 of 4 Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 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 use 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Annexation and Zoning Conditions of Approval Exhibit D: Preliminary Plat Conditions of Approval Exhibit E: ACHD Conditions of Approval Exhibit F: Central District Health Department Conditions of Approval Exhibit G: Annexation and Zoning Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-005, PP-04-o06 - PAGE 3 of 4 Exhibit H: Preliminary Plat Findings By action ~CitY Council at its regular meeting held on the tJ~ ,2004. zbf6.- dayof COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED #6~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED ~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -- Attest: and City Attorney. By: j 0t9t Ql ~ J\. l l.ft-.,. City Clerk Dated:_' \ .;) -O~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04w005, PP-04-006 - PAGE 4 of 4 EXHIBIT A Legal Description .. . "_ .... ~. , . _., ,_ ,:., _.," '. 0": _ '. <f;..........."..:......... Jl,J;...,........J; .~.... .. TEALEY~S LAND. ~ SURVEYING .. j 2501 Bogus Basin . Boise, Idaho 83702 (20B) 385-0636 Fax (208) 385-0696 " DESCRIPTION OF PACKARD ACRES SUBDIVISION No.3 Project No.: 2427 Date: February 13, 2004 Revised: June.15, 2004 A parcel of land being a resubdivision of Lot 10 of Block 5 of Packard Acres Subdivision No.2 as on file in Book 85 of Plats at Pages 9502 and 9503 in the Office of the Recorder for Ada County, Idaho and a portion of the SE 1/4 ofthe NW 1/4 of Section 5, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, said parcel being more particularly described as follows: COMMENCING at an iron pin marking the North 1/4 comer of said Section 5, thence along the North-South center of section line of said Section 5 South 00"27'32" West 1923.39 feet to a brass cap marking the Northeast comer of said Lot 10, said point also being the POlNT OF BEGINNING; thence continuing South 00"27'32" West 353.47 feet to an iron pin marking the Southeast corner of the North 1/2 of the South 1/2 of the SE 1/4 of the NW 1/4 of said Section 5; thence along the South line of said North 1/2 of the South 1/2 of the SE 1/4 of the NW 1/4 North 89037'08". West 670.82 feet to an iron pin on the East line of Chateau Meadows EastNo~8asonfilein the Office of ~e Recorder fur Ada County, Idaho; thence along said East lirie of Chateau Meadows EasiNo. 8.. ............ ..il-lorlliOO0;i6' 46;' East 331.82 feet to an iroii~pinon the South line of said Packard Acre.sSutXUvisionNo. 2; thence along said SouthIirid\ i<:i\ South 89035'39" East 158.56 feet to an irohpiri niarking the Southwest corner of S8.id LOt 10; thence along the Northerly line ofsaidr.ot 10 along the arc ofa curve to the. right having a radius of20.00 feet, a central :mgleoP0054'5T', a length of24.75 feet ,'nd a long chord that bears>i North 54058'55" East 23.20 feet to an ironpinm,arking a point of tangent; thence continuing .. .................... ......... . SQuth 89033'3T' East 395.37 feet to an ir~~P~tnarking a point of curve; thence continuing along the arc of curve to the left ha~g'~i:@iusof 125.00 feet, a central angle of 05041 ' 11 ", a length of 12.4 I feet and a long chSrothlltbears North 87"35'48" East 12.40 feet to an irking a point of tangent; thence continuing North 84045'12" East 78.65 fuet to an .thence continuing.aIongthear?ofa curve to. central angle o{Q5040'4:8"(forJl1erly 05~41'l~ that bears .<<.. . ...... .. . ... ... North 87"35'36" EaSt 7.43 feet (foriII. POINT OF BEGINNING.' iillarking a point of curvature; ... ving a radius 005.00 feet, a ~f7.44 feet and a long chord 35'48" East 7.44 feet) to the ~ 5.27 Acres, more or less. EXHIBIT B See Attached Preliminary Plat ~QlEIIIC~, PICIWll BTIlIS ll!rELCI'A<!II, UC 6121 ij oo.:mnn !UTE III w..,O !:l11l ~H1AOIE g. !llST~~ M twill lill'm. R-~ mAIiIIlOr 51lJ: AU,CI'Ellt I,~ sm 1\Ii,\Ij~ w SlIt IRWOSED' MIS Silfl. ~JlOII!: l!:raltJ:5 !(!! N. floor, lOCIL soors . 10' AI< ;tlll.r;'liI!. Stt:1II"',~.5'm SIX VI 5oor, LOCIl SmEErS . 20' ~ 10 00lI1!J.! tOIS LIDl!1EW2I rorlL . 21l0T$ . ..\ -'.~ . .~ ;.t~~$~; f!}~~~ ~o. i " ;, ~f yt bt l!~ oc' . ~ ~ ~Wj Di'\T!~T' ItWNElImf IW;!l1<<l OOrncT ~1&Arl M1l'(1, ItWHIRtlm w.w" C5TFXT ~IOTI"'~ ~'OTIII moo.~ 1IillS' t ILL STiAA 0IWlIr<: TO IE RETIKll ell $IT;. ~. smn 1m0\!/D/TS ro U lUll TO l.t~~. $TIICAADS ~.lI.I.lOI5 1M FM Sl1Q.( FlJ.ll cmutS ClI. Y, \, lt4\iIJ, O\'ELl1l: mr ~ 1,100 SI/.ME mT, 5, loT *.1i.0tI:; 1$ ro IE ~Il~ FDlIlSl: 6V II.L 1PI~TY oms k1TIfl rll ~ ~ lI€I!lW.leE AI.!lTnrol 61 11( IImQ\'l(1!S !SSOCI\11(l/, " ElIll'l!:: HMl (II LOTI 2'1 i 21, !lOCI. 5 'Ili II: ;tAO'Ite, 00 m:1 Cllru IttII, lOT ~ . ~,6'lO SHI . n IiF rOTIL f1irofl ..'~ J I " !j I I I I GI\~$ ~ of. >t 1- ~~~, . ) 1;"(.~>Ji.'I 3. ~ KII'II~rr .HI'llll'E mJl', _ Ill.!' . - . "^;:;:;L ..;;;:r:~- I 'I'~ : t~ 1f"l'l '~"\'-T '-'f'-"""-~'I \:.~_. . y ~ ~~ ~""II--:: ~. 0 ;J; it t,ltt",,1f ~ ~ '1II~'hllr l.JUrVi:-;" ua..>t l'; UllI""- . In.....' "':J:~ lOt 'P.. ,p~. 1 [il~ / / I ~ l~ ., "'.. l::" !! .~c o ;,G, '/..,..~ ~o ~~G$~l\ o t I .,7 rr-,Il J.='IIL" It::: ~" 1~ ~.'f' ~I .. '_ 'f" ___.I.. 11I'i1wn~- if to oJ'~~~ .-'t'1'lI't...... . ,---=-. r.~~I$SSI.,. "'" ; "-&1,-1 ;. [ r...~ / If ~_-.:..... ~ ~~~+., ~~;- Inll':1~ ~ VI~ JIIl ~rJ.J..-; ;1 ~"'~OtlC I ~~~ ~~o L_, -r~ PRELlMINAR Y PLAT OF PACKARD ACR~S SUBDIVISION NO.3 A RESJOO/il$(1j If tOr ij, lilO{l; 5 (f P!.OOJi.D IlKS !lall'5lJtoo. 2 ~'" A P(\\1J;lI1f M IN VI, iCOOl 5, U!l,~I"BA, mJ:?U, IDi COOllY, VlJIJ 2004 N t m l' , ~ >I '" I!I - !<.U."" r-.~' fGlr.'WlMtti'.l lQlltJlt :t::U1l"l~ lml!D -.....-if'.\I(IalLK --- tIN[IUf" -"''''- ~_(~'LlcC ----- j((lnllll! ~"'Sl'1IU( ~t!nlll lJ'm{IWQUU<< ~~""'" _WI< C ,.,.....". IOJOli'I'U1" rMOvr.Dl~ K1,It'..Jt.I~11(~iCJI ~1vn:WI:ll"'tf(ll- ""'" wP;....lt /1(_ D!f1N PJ'i,FM LmDC RO '" "~lOlI"" " ~m~ -I-t- ~$'CI!lJ(lIt.1iiM4f -f-~i'I..,"IILtC ~- -"""""......IP!IK " .sO-' 1Jiti<;r CF WAY 1111:1I mm llCtlZl ~<....:. I , b.J"'j' 1m l'i >:I! . ~lli l! ~ lIi.:.I~ h aI' l ( ~:: ! I j} 1 ~i.;..J.. I i ~it. I I' 11:1;. ,..110; .c: ~ , " ~{ g I~ 1;2 ~~I ~ ~. ~ ~ ~.~ 1:> tlD.. ""... $i! ~2 ~~ ~~ ~o!~ w <!f.j d' '" ~ ~ ~Id ~ ~ Sot ~ ~ ~i~ "g II H! d:~n:w_;r:;4q" ...,"" 'W",.. ~ptln.'PQ'~ .'dJI-f'lNl.t;frm 5JlE!:r 1 OF [ !.\'\l'lI-m; EXHIBIT C Annexation and Zoning Packard Acres No.3 Subdivision (File AZ-04-00S) The City Council ofthe City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: 1. The legal description submitted with the application (dated 6-15-04, stamped by David N. Marks) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 5. Prior to annexation. a Development Agreement shall be entered into between Packard Estates Development LLC and the City of Meridian. Said agreement shall include a condition that the developer deposit the sum of $8,000 into a fund for use by the Wingate Lane User's Association for the construction of a gate across Wingate Lane. If substantial completion of the gate is not completed within one year from the execution of the deposit the entire fund balance of $8.000 shall revert back to the developer. EXIDBIT D Preliminary Plat Packard Acres Subdivision No.3 (File PP-04-006) Site Specific Conditions of Approval 1. Applicant has provided a chainlink fence along the southern border and a wood fence along the western border as perimeter fencing and these fences may remain. 2. The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior to the issuance of any building permits within the subdivision. 3. If the subject application is approved, the following conditions shall be placed on the final plat: a. Direct lot access to Wingate Lane is specifically prohibited and this prohibition shall be referenced in the subdivision's Covenants, Conditions & Restrictions. b. Prior to annexation, a Development Agreement shall be entered into between Packard Estates Development LLC and the City of Meridian. Said agreement shall include a condition that the developer deposit the sum of $8,000 into a fund for use bv the Wingate Lane User's Association for the construction of a gate across Wingate Lane. If substantial completion of the gate is not completed within one year from the execution of the deposit, the entire fund balance of $8,000 shall revert back to the developer. c. The developer shall have their attorney draw up a release of dominant parcel interest in the private lane easement and record it prior to signature on the final plat. Also, provide a recorded copy of deed restrictions to prohibit access to Wingate Lane and forbid gates from adjoining lots or removal of permanent fencing on these lots prior to applying for building permits. 4. A permanent fence matching the existing Packard Acres No.2 materials shall be constructed by the developer on the western boundary of the Wingate Lane private road easement. 5. Lot 16, Block 1 shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 6. Please submit any up-to-date groundwater monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall not exceed 3: 1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 7. Sanitary sewer service to this site shall be via main line extensions from an existing main installed adjacent to the property. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Standard Conditions of Approval (Preliminarv Plat) 1. All grading ofthe site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Please submit with the final plat application a copy of the Ada County Street Name Committee1s approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to City Engineer signature on the final plat. 5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance, shall be submitted for the subdivision with the final plat application. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. Meridian Fire Department Conditions of Approval 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. fire Hydrants shall have the 4 'lS/' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. EXIDBIT E Ada County Highway District Conditions of Approval Packard Acres Subdivision No.3 (File PP-04-006) A. Site Specific Conditions of Approval 1. Construct the internal local roadways (E. Meadowgrass Street and N. Devlin Avenue) as 36-foot street sections with curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. 2. Extend E. Meadowsgrass Street into the site across the private road easement for Wingate Lane at the east property line. 3. Extend N. Devlin Avenue at the north property line into the site. 4. Construct N. Devlin Avenue as a stub street to the 5-acre parcel adjacent to the south of the site. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 5. Pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis Street its full width and at least 30-feet beyond the edge of the concrete sidewalks. 6. Comply with all Standard Conditions of ApprovaL B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXIDBIT F Central District Health District Conditions of Approval Packard Acres Subdivision No.3 (File PP-04-006) 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHIBIT G The City Council hereby approves the following analysis of required findings by staff: ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the proposed zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a minimum target density of three (3) du/acre in the Comprehensive Plan and Packard Acres No. 3's gross density is 3.49 dulacre. In addition, Chapter VII of the Plan encourages infill development and the connectivity of subdivisions, which this subdivision accomplishes. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. Besides the 5-acre, undeveloped parcel to the south (owned by the Sharps), there are several large, undeveloped county parcels to the north of the site on the south side of Us tick Road. Rezone applications are anticipated on these parcels in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single family residential subdivision would be allowed within the requested zoning district of R-4. The accompanying preliminary plat demonstrates the land will be developed in lot sizes, housing types and other dimensional requirements that conform to the new zoning. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land directly north, west and east of the subject property is annexed and constructed similar to the proposed subdivision (Packard Acres and Chateau Meadows East subdivisions). The majority of the subject section (T3N, R1E, 5) is designated for residential development similar to the proposed project. Staff finds there is adequate public street infrastructure, emergency access and other municipal services to serve this infill site. The proposed number of new units (20) is not anticipated to create a demand that the existing infrastructure cannot handle. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed single family residential use will have some change impact on the existing character ofthe adjacent county parcel to the south. The intended character ofthe subject parcel and the immediate vicinity is low to medium density residential uses. The proposed use conforms with the Future Land Use Map. The design and density conforms to the Comprehensive Plan policies. To avoid street maintenance problems due to gravel being tracked onto the roadway, ACHD is requiring the applicant to pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis Street its full width and at least 30-feet beyond the edge of the concrete sidewalks. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous as long as construction traffic and house construction is conducted in a manner consistent with Meridian City Code. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the property to be annexed will or can be served adequately by essential public facilities and services if all conditions of approval are met by the applicant. All public streets that can be extended into the property are proposed to be extended and utilized. The applicant will be required to extend water and sewer lines to and through the proposed development, thereby making them available to the undeveloped property to the south. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. I. Will the proposed uses not involve uses, activities, 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; Staff recognizes that traffic and noise will increase upon build-out of the proposed subdivision. ACHD projects the development will generate 200 additional vehicle trips per day. However, staff does not feel that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. Staff finds that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the applicant's companion preliminary plat demonstrates the vehicular approaches and public streets will be designed in a logical and safe manner. In addition, the ACHD Commission approved the preliminary plat application and the proposed vehicular approaches/access points. The Commission and Council should review ACHD comments concerning vehicular approaches and traffic generation. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural Of scenic features of major importance will be lost or damaged by approving the annexation and rezone. Any existing trees largef than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's comprehensive plan (medium density residential) and infill policies/goals. The land east, west and north of the subject property has already been annexed and this is a logical expansion of existing zoning and land uses. EXHIBIT H The City Council hereby approves the following analysis of required findings by staff: PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density, 3.79 dulacre (gross), is in compliance with the land use classification, medium density residential, noted on the map. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See the findings under "Annexation and Zoning" for more detai1.) c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public [mandai capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e. police, fire, ACHD, etc) to determine this finding. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there are no other health, safety or environmental problems associated with the proposed development. October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Bonnie Reiterman V AC 04-006 October 26, 2004 ITEM NO. 5-J REQUEST Resolution - Request for a Vacation of 25-foot wide utility easement along the south boundary of Lot 10 of Razzbemy Crossing Subdivision - south of East McMillan Road and west of North Locust Grove Road 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: contacted:'''f rxl9 Ll.Jdm" Dot/?!: lb\'"d5" 10'1 Phone: Emailed: ~(?j;) C-WQ.... ~ ,~l bt-('t>~, ~.~" ~-lStaff Initials: u<.. Materials presented at public meetings shall become property of the City of Meridian. See attached Resolution ~/~ ADA COUNTY RECORDEBJ DAVID NAVARRO BOISE IDAHO 11101104 { ! PM DEPUTY Vicki Allen . RECORDED - REQUEST OF Merid i an Ci tv AMOUNT .00 12 111111111I111111111111111111111111111 104139183 CITY OF MERIDIAN RESOLUTION NO. tJ1- - 1-41 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING THE 25-FOOT WIDE UTILITY AND IRRIGATION EASEMENT ALONG THE SOUTH BOUNDARY LINES OF LOT 10 OF RAZZBERRY CROSSING (AKA CRESTWOOD SUBDIVISION NO.1), AS FJLED AND RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 28 OF PLATS, PAGE 1757; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 12, 2004, the Council of the City of Meridian, held a hearing on the vacation of the 25-foot wide utility and irrigation easement along the South boundary line of Lot 10 ofRazzberry Crossing (AKA Crestwood Subdivision No. 1), as filed and recorded with the Ada County Recorder in book 28 of plats, page 1757; and WHEREAS, after such hearing, the Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the 25-foot wide utility and irrigation easement along the South boundary line of Lot 10 ofRazzberry Crossing (AKA Crestwood Subdivision No. 1), as filed and recorded with the Ada County Recorder in book 28 of plats, page 1757; is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 26-f~ day of tlvlo6el- ,2004. Resolution - Vacation for Razzberry Crossing Page 1 of2 APPROVED by the Mayor ofthe City of Meridian, Idaho, this 26~ day ~~ , 2004. of APPROVED: ... g STATE OF IDAHO County of Ada, ) On this 2~ -I-h day of Oc--\.o ~t"" . 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR, known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~.t."I."'"", ~~~~t',,\CB L. ..r .'#. ~.. ,,'t- .......... ~'" '-... .:~. .. ".",. <:- : · OT .. ...... ':. :.L: ~ <"1b ...... ~ : oM('" : .'.r": : . ....... : : :,~.p :*= \ $,;,.\ l1BLIC l i 0:. 'f'- .. .. ~ ~ f ~ .. .. l"\. ~ ~ ~'b ....... ~'\c '-' .... ~4 <.:: ",. ~ "" OF ID'" ........... 4.......Uil~"t '/dJ Resolution - Vacation for Razzberry Crossing Page 2 of2 \ CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone I (208) 888~6854 Fax ~I~~-QO" VACATION APPLICATION (RE: Meridian Subdivision Ordinance - Section 12-10) APPLICANT: B.o N '" / E ADDRESS: 170 W. PHONE: 8B 7- 5Co'L.t RElTERMAtl M Co MlL..6..At:-LROAD/ (VtER\12l AK" :CD FAX: BB7- G,35D E-MAlL: 83~4Z. \ OWNER(S) OF RECORD"': CARL f BoNN1E' ADDRESS: 170 w. lV\c..M\lkAN ~D/ PHONE: B87-5&2+ FAX: 887 -~350 REfTEB.MA\'\ /VlER\ DIAN 1:cD 83 ~'2. , E-MAll..: ENGINEER, SURVEYOR. PLANNER: _ID})D J(. \tIAI-r(i. ADDRESS: ~ 5, TEARt:. AVE,. ~R~):nAN]:L.j) 63&4-2- , I PHONE: 2.28- 2&/1.'> FAX: 884-- PaJ2. E-MAIL: TRvlC.Wt:.J~ F1BE"RP1Pe .~er ADDRESS, GENERAL LOCATION OF SITE: ~ 7~ !II lO('1(bT &/XJVE RoAD' ./ Lb-r It) DF (JRts1WOO[) .<VB.. Wt~-r SIDE: Loc.usr ~RDI~, SD,t>PW}tlllAt-! , I \ PRESENT ZONE CLASSIFICATION: 1(8 € L{) I DESCRIPTION OF PROPOSED VACATION: 2SJ WiDE: U\""Lt1)' ANt) l~t6AltoN ~EMEH-r ALoN(.. -r~e: ~1rrr\ BcvK"'DAI2'-i OF JD-rIO of ~W~ SuR. a""l~i:ll-\& efet\ t>rfc.({ WlL\.. 6E f!pg.D Ai'll:> A NEW EA:GE:MeilT P/<DV/1:J6P bN -rHe:. NE\N R:A7.:Z-8cgJiCi c..l?o~5If1.l6 SUBD\Vl$ION. I have read the information contained herein and certify the . Signature of Appl * If the proposed vacation affects more than one property owner, list each owner. I Rev. 3(25/03 c'~ , '~ '<\. 1:lJo.... 'I~ ,~ 'Jm Jof9./" ""~ .v~. 'A~'~ ,.n~.~ ~ -~-------------- ~- ~~-~~~-- ---, - ..~ '" :.;~\l , \ . . , \,\ ~ \1 \\~\~\ \ \ 1~\ ~ t' I \\\1\\,\\\\\\\\\ \h~\\ \\\ li~ , \ 1 II\\' 1,10 "'" > l~ I ;.........io'.-\lllli\I'll ~"'~ w !l. ~ \\ ~ I ~ ~ ~ <~ . w . \ ~ \ ~ r; ~ ~ u> '& ..n::!I'[I .."''ft..'J~ ... \ ~. \\\ \\l :\ ~ 't ~:r~" - { (', VIClN \1Y MAP \. ~~ ~flj ~flj Ef] r= 12 i ( \ ,H."\ fIO..LtlG-rn "~l ~9ite f:~,P~!JI~I09t I U~ engineers & surveyors 14151 S. Teare Avenue. Meridian. Id. 831542 Tel: (209) - 288-2693 FQl<: (208) - 984-8002 June 16, 2004 Nathan Draper, Manager SETILERS IRRIGATION DISTRICT 1910 N. Garden Street Boise, 10 83706 Re~ Drainage Ditch Easement for Heritage Drain Razzberry Crossing, N. Locust Grove Rd. Meridian, 10 Carl & Bonnie Reiterman, Owner/Developer Dear Nathan, This is a followwup to our meeting last month regarding revisina the existlna easement for the private drainaQe ditch (aka Heritage Drain?) along the southern boundary of the Razzberry Crossing Planned Development on N. Locust Grove Rd., in Meridian for Carl & Bonnie Reiterman, OwnerlDevelopers. You may recall discussing this easement with me and our desire to reduce its impact upon the development. The existing easement for this minor drain ditch is 25 feet wide. Secause this parcel is narrow and deep (3321 by 1613') and due to the configuration of the preliminary plat, leaving this wide an easement imposes a severe burden on both the commercial and residential lots, Therefore, Reiterman's are reQuestioo that this orioinal 25-foot easement be vacated and replace it with a new 10 t012 foot wide maintenance easement for underground pipinQ (15" diameter) of this drain pendinq City aqreement. We have met with Brad Watson, P.E., Meridian City Engineer and he Is in general agreement with and supports our request. As required by the City of Meridian for vacating/relinquishing an easement, our office is sending to you under separate cover the required notification of this Relinquishment of Easement for the Crestwood Subdivision NO.1. Hopefully: reque~t, agreeable to the District and if you have any questions please give me a~ a~~~.> ' /-:: 11"'- / ", #I" L.#I- ~ -' ." ~ rent A. Claiborn, PElMP claiborn waite consulting. lie cc: Carl & 80nnie Reiterman Amanda Alvaro, Quasar Dev. ./"'sonya Allen, Planner, City of Meridian P&Z 1,./ File p ( r' EASEMENT VACATION The public entity signatory hereto relinquishes any and all of their rights to the following described easement: The 25.00 foot wide easement along the South Boundary of lot 10 Block 1 of Crestwood Subdivision No.11 as recorded in book 28 of plats at page 1757 records of Ada county, Idaho. Settlers Irrigation District N tt..J1Jatl J)~pG R Name e- fYJBtlI1&( R . Title STATE OF IDAHO) ) 58. COUNTY OF ADA ) On this lddo.. day of 3 J~_ , 2004, before me, the undersigned, a Notary Public in artCi for said State, personally appeared lfl.1't!. I known to me to be a duly authorized representatfve of ' . I whose name is subscribed to the foregoing inst ment, and acknowledged to me that he executed the same on behalf of said organization. IN WiTNESS WHEREOF I , have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. V~al' ti.Q.t.L-\ Notary Public for Idaho ","n....,~ ~.' Vb '" ~.. v...n..dk.: ~I, ~.. ,..~.... .....lIa;-'V ..~ ~..v rI' .0 ~ ~~"".. "... ~ .... ,,0 't AR.l"" -;. S : ~O : 1< -: .. e ''-;"' dJI' . . ~ : .,6 v. = . .-;~ \ PU~~\ Is i .. . ':"'... ~ > "0 ." '!C- .: ''l-" U'l' ".""...,.. ,'9 ~..~ ", ~TE all ,. .... .... ...... 8~orlloll."I'. My commissionExpires: 51.,)" I ~o CIS Residing in: ~-tf~ . .J..t~~D \ EASEMENT VACATION The public entity signatory hereto relinquishes any and all of their rights to the following described utility easement The 25.00 foot wide easement along the South Boundary of lot 10 Block 1 of said Crestwood Subdivision No.1, as recorded in book 28 of plats at page 1757 records of Ada county, Idaho. ~fe::S_eFViGes C ABU- OtJEE- J JJG :]"A Y L h~$A'~ Entity ~.;;z P- re STATE OF IDAHO) ~....s::.,4-~e...4~ 4e.aI.-~ ) SSe Title COUNTY OF ADA ) On this ~3 day of JU~ , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared tt A-f P~K~ known to me to be a duly authorized representative of L M5U: 6rVF I J.Jc. , whose name is subscribed to the foregoing Instrument, and acknowkedged to me that he executed the same on behalf to said organization. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above wri n ~ /? .' ?/ ~ ,1"i"."1 ' ~ ~.;/ ..,\.. EOW .... Nota Public for Idaho .'" ......... "l.)> .. .....!....~1:I\Ry....~d1 \. :~:'~ ...: :(!)~ .4.., ~ : . v: ~ ~ pue0 ./'.? / ...."" .~... .... ~...... ~~ &.,., ......... ~ . -'. ;liTE o~ .,' · 'I. I I * t."" II' '" My commission Expires: / I ~ /Y--cJ 6 Residing in: .AM e>>A/T/ ( r \ EASEMENT VACATION The public entity signatory hereto relinquishes any and all of their rights to the following described utility easement: The 25.00 foot wide easement along the South Boundary of lot 10 Block 1 of said Crestwood Subdivision No.1, as recorded in book 28 of plats at page 1757 records of Ada county, Idaho. Intermountain Gas Entity STATE OF IDAHO ) ) 58, COUNTY OF ADA ) On this \ 'b ,,, day of I.... o.~ , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared -:::\,\",,"\ 'Re",.....~ (" , known to me to be a duly authorized representative of -:x::~,"" ~~ iY\ ':> "',...\...".... G l::U , whose name is subscribed to the foregoing instrument, and acknowkedged to me that he executed the same on behalf to said organization, IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year in this certificate first abq~~rJtteR "' c::::=-- \ "\ \~ ~:?:-:i~Ah~ u..., Notary Public for Idaho ".. "'11 ~........" \.E SIN 'II"",,~ ~"':~<P~..."..ee?<.s ~~. My commission Expires:;) -;;) 1- ;). Q()<1 ;: "J .0 0" :,;0. .':, R 'd" " I J :: ~.D ~ aT AR o. 0 ~ eSI 1"9 m: T"'\ "'1'\c, :r: 0\. ..~\... '" : :~"' 'r~~: ~ : * : ....1JI... : : ;. 1 :* : \ ..... POBL\(. l ff ~ <Px e" ." 0 ~ "" -r..... 00 <" .. '\ "'l)o .......0 'X" ...... ~" 'IJ OF ro'i'- ...... "'" ".. "'",,"U" B ID,AHO POWER COMPANY ParfialRdcaseofEuseRlcnt WHEREAS, by recorded platted subdivision utility easement recorded November 2, 1972 in Plat Book 2&, at Pages 1757 through Page 175& as Instnunent Number 825332, records of Ada County, State of Idaho, Crestwood Subdivision No. I, granted to IDAHO POWER COMPANY an easement (the "Easement") for the construction. operation and maintenance of certaln power line fucilities upon the following premises located in Ada County, Slate ofIdaho, to~wit: Crestwood Subdivision No.1 - a portion o/Sec/ion 31, Township 4 North, Range I East, B.M., Ada County, Idaho. AND, WHEREAS, it is no longer necessary or desirable that a cenain portion of tbe Basement be retained. NOW, THEREFORE, in consideration ofthepremiscs, IDAHO POWER COMPANY does hel'llby release and abandon that certain portion of the Easement over the following described lands: The 25.{00t wide public utility easement along the south boundary of Lot 10. JJ/ock 1 of Crestwood Subdivision No.1. EXCEPTING tllat point which intersects the 25-foot platted utility casement running parallel with fJJ1d contiguous to Locust Grove Road. ALL RIGHTS and privileges under the Ilbove-described document in and to the remaining lands covered by tbe Easement and any and aU prescriptive or other rights the Grnntee has acquired through occupancy and use over time of SlIid remaining lands shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, IDAHO POWER COMPANY lir caused these presents to be executed by its proper officers theIeunto duly authorized this / t> day of August, 2004. IDAHO POWER COMPANY BY/~ Margaret lohnso, SupervIsor Land Management Services STATEOFIDAHO ) )8S. COUNTY OF ADA ) On this 1t}!Ii day of August, 2004, before me, a Notary Public, personally appeared Margaret 1. Johnson, Supervisor of Land Management SClvices of the corporation that executed the within instrument, and acknowledged to me that such ooJ:POratlon executed the same as the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my band aud affixed my official seal the day .nd.,..,intm,,,...,,"fust,b,,.writtnn. ~~ N~ Public Residing al: Boise, Idaho My Commission expires: 7/;?/~C07 , / .:poIII.1.doc , I. EASEMENT VACATION The public entity signatory hereto relinquishes any and all of their rights to the following described utIlIty easement The 25.00 foot wide easement along the South Boundary of lot 10 Block 1 of said Crestvvood Subdivision No.1, as recorded in book 28 of plats at page 1757 records of Ada county, Idaho. ~wv5r Cb,eR~ '^' . . .-t:I. . ueat 60mtnllnleMlens - Entity STATE OF IDAHO) ) 58. COUNTY OF ADA ) _ On this t ~ day of d v we , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared ':Dot> ~ho...$) 1... Bo"'(TOM,; known to me to be a du\y authorized representative of a w 1ii~"T , whose name is subscribed to the foregoing instrument, and acknowkedged to me that he executed the same on behalf to said organizatIon. ~ -,,' '" .:--~ gnature . I /JAJ-ItP ~ hA'A"/ c.) /C" Cc/,q 7" 4~A G'G-~ Title . IN WITNESS WHEREOF, I have hereunto set seal, the day and year in this certificate first above w . ,"lIl1l1.~Ullh,... -:10...... ~q-l; ,:;>..... j.."i 'MeeD: ~##... 4' (.:).~ Q.oOooo,~~ ~~ ~ /'''' 0% ~ i [J ~O'rAc~~ 'b \ ... 0 q '" :: * g "'$>1:1""" '6 * ~ I:, % g :: ~ ft. Ptm A.. \.(I! :: ~ {p. ~ .:..> :/' ! ~ .~.... "~(l, roO A0..:< if;!I'.,. ..~t. " ......I.ItIJ~Ot!ilQ ~~.... ~~ "'.:0... .( J:: .... ~ i.-S;. ~..'" .~iJ v~ .,~.. :>'l1tI1Jllll101P.l~.1.a My commission Expires: / ;zJzJ of, Residing in: C A.l-c_e ~ "'J::'j) 08/16/04 )[ON 16:57 FAX 20f 14 8002 r'""" ( Unl'ted 01l-Meridlst( ho \. ~OOl claiborn A. waite consultiQQ. lie engineers &. surveyors 1461 S. Teare Avenue Mericlian,. Idaho 83642 (208) 288...2693 Fax (208) 884-8002 August 16~ 2004 SDnya Allan Meridian City l-hJllniq~ and Zoning Depanment 660 E.. WatertoWerLn. Suite 202 :M'erldisn,. Idaho 83642 R:E: ~ CrolSing EaseDlent VacatiOh. Dear Sonya, Please accept tbis 1etta as OUf affidavit nf propeny posting - public hearillg nOb". 1" Todd &. Waito PLS" as the designated representative of Carl and Bonnie Reiterman" the owners and developers of the p:roposed Razzberry Crossing Development, heteb.y affirm that I wilt post the property in accordance with tbe Meridian City requirements... The posting will 00C1Jf not less than 10 days prior 10 ~y required public hearing. Po~ng will contain the name of app1icant~ description of proposed aGtio"Q, W1d the tim~ place and .date of the public heariug. Signed: 1aL~ W~ Dated; g- 'lP- 0+ Todd R. Waite P ,L.S. October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Brighton Corporation V AC 04-005 October 26, 2004 ITEM NO. 5..K REQUEST Resolution - Request for a Vacation of side yard l,Jtility and inigation easments on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No.2 - east of North Black Cat Road and south of West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted:PQ~ 1f~ Date: ID- J.5. ~ Phone: Emailed: J...{v { nbv.J \ @j)-t ~t{J)('C ( f .. COM Staff Initials; I~ Materials presented at pUblic meetings shall become property of the City of Meridian. See attached Resolution ~v-U /}if/444 ADA COUNTY RECORDER/IlAVID NAVARRO AMOUNT ,00 9 BOISE IDAHO 11101/04 0,.. PM ~~~~~~E~i~k~:~~~ST OF 11I111111I11111I111111I111111I1111111 Meridian City 1134139184 CITY OF MERIDIAN RESOLUTION NO. L'J 4- - ~4-q BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION VACATING THE 5-FOOT WIDE UTILITY, IRRIGATION, DRAINAGE EASEMENT ALONG THE COMMON LOT LINES OF LOTS 90 AND 91; LOTS 89 AND 90; LOTS 88 AND 89; EXCEPTING THE TEN (10) FEET ADJACENT TO N. BENT GRASS LANE AND LOTS 43 AND 44; AND LOTS 44 AND 45 OF BLOCK 23 EXCEPTING THE TEN (10) FEET ADJACENT TO W. NINE IRON LANE OF ASHFORD GREENS NO.2, AS FILED AND RECORDED WITH THE ADA COUNTY RECORDER IN BOOK 75 OF PLATS, PAGE 7798; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 5,2004, the City Council of the City of Meridian, held a hearing on the vacation of the 5-foot wide utility irrigation, drainage easement along the common lot lines of Lots 90 and 91; Lots 89 and 90; Lots 88 and 89; excepting the ten (10) feet adjacent to N. Bent Grass Lane and Lots 43 and 44; and Lots 44 and 45 of Block 23 excepting the ten (10) feet adjacent to W. Nine Iron Lane of Ashford Greens NO.2, as filed and recorded with the Ada County Recorder in Book 75 of Plats, Page 7798; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the S-foot wide utility irrigation, drainage easement along the common lot lines of Lots 90 and 91; Lots 89 and 90; Lots 88 and 89; excepting the ten (10) feet adjacent to N. Bent Grass Lane and Lots 43 and 44; and Lots 44 and 45 of Block 23 excepting the ten (10) feet adjacent to W. Nine Iron Lane of Ashford Greens NO.2, as filed and recorded with the Ada County Recorder in Book 75 of Plats, Page 7798; is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit" A". Resolution - Vacation for Ashford Greens # 2 Page 1 of2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 2 b 1'.1- day of f) c/o 0 I!/l- . 2004. APPROVED by the Mayor of the City of Meridian, Idaho, this 2,6~ day of tPch~ , 2004. STATE OF IDAHO) County of Ada, ) On this 2J, ft, day of Oc..J.o10 (!;' ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~'I"'II'"" ............,~ CB L. 8 A':.'##~ ~.... ~.... ........;~./'~ ".. ~ ~,. ..' '. ....~ ~ (SEAL)! I ..10TAJt ,~\ \ =:\"' or,: : * : ......... . * :: . . . 11II '\ '. J:I (J B \.. \. C;:I j ~~ e. 0 ~ ~ ?> e.. . A' ~ "'. -<11' ....... ~~~ "'..... "'" 'JJ OF \"p "'........ ....,,*~Il..~,,' Oo/'u/ll7 Resolution - Vacation for Ashford Greens # 2 Page 2 of2 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter ofthe request to vacate five (5), ten foot (10') wide public utilities, drainage and irrigation easements in Ashford Greens Subdivision No.2, by Brighton Corporation. Case No(s). V AC-04-005 For the City Council Hearing Date of: September 14, 2004 RECEIVED OCT 0 7 2004 A. Findings of Fact City Of Meridian City Clerk Office 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the September 14, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 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. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-04-005 - PAGE I a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is the Brighton Corporation. B. Conclusions of Law 1. Easements shall be vacated in the same manner as streets. {LC. ~ 50-1325}. 2. When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of-way which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50 Idaho Code {LC. ~ 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. \Vhen the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording ofthe new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {LC. ~ 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code ~~ 12-10-1 A and Band 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-04-005 - PAGE 2 of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: 1. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed bylaw. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. 3. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503). 4. The Meridian 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 5. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-17-9. 6. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-04-005 - PAGE 3 7. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 8. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 9. That this approval is subject to the Conditions of Approval listed herein. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 10. The Applicant is requesting the vacation of the following existing easements platted with Ashford Greens Subdivision No.2, recorded in Book 75 of Plats at Page 7798 of Ada County Records, and described in Note #3 of said plat: Five Foot (5') Permanent Public Utilities, Irrigation, and Drainage Easement, adjacent to each side of a common lot line: 1 Lot line common to Lots 90 and 91, Block 23, excepting the 10-feet adjacent to N. Bent Grass Lane 2 Lot line common to Lots 89 and 90, Block 23, excepting the 10-feet adjacent to N. Bent Grass Lane 3 Lot line common to Lots 88 and 89, Block 23, excepting the lO-feet adjacent to N. Bent Grass Lane 4 Lot line common to Lots 43 and 44, Block 23, excepting the lO-feet adjacent to W. Nine Iron Lane 5 Lot line common to Lots 44 and 45, Block 23, excepting the lO-feet adjacent to W. Nine Iron Lane 11. The final plat for Ashford Greens Subdivision No.2 was recorded in 1997. 12. The Applicant is requesting the vacation of the easements so that buildings may be constructed over the platted easements. The Applicant intents to construct three houses across four platted lots (Lots 88-91, Block 23) and two houses across three platted lots (Lots 43-45, Block 23). 13. The Applicant has provided notarized consent from the following public utilities: Idaho Power Company, Intermountain Gas Company, Cable-One, Qwest Communications, Meridian Public Works Department (Sewer and Water). Further, the Applicant has submitted a letter from the Nampa & Meridian Irrigation District stating that the District has no pressurized or gravity fed irrigation systems in the subject easements, and they have no other comment. 14. The Applicant shall be required to comply with the Conditions of Approval as follows: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-04-005 - PAGE 4 1. Prior to issuance of a Certificate of Occupancy on the subject properties (Lots 88- 91 and 43-45, Block 23), the Applicant shall submit evidence that the requested vacation has been approved by all required agencies and authorities (all applicable public utilities, drainage and irrigation entities). C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The petition requesting the vacation of the following existing easements platted with Ashford Greens Subdivision No.2, recorded in Book 75 of Plats at Page 7798 of Ada County Records, and described in Note #3 of said plat is hereby granted: Five Foot (5') Permanent Public Utilities, Irrigation, and Drainage Easement, adjacent to each side of a common lot line: Lot line common to Lots 90 and 91, Block 23, excepting the 10-feet adjacent to N. Bent Grass Lane Lot line common to Lots 89 and 90, Block 23, excepting the lO-feet adjacent to N. Bent Grass Lane Lot line common to Lots 88 and 89, Block 23, excepting the lO-feet adjacent to N. Bent Grass Lane Lot line common to Lots 43 and 44, Block 23, excepting the 10-feet adjacent to W. Nine Iron Lane Lot line common to Lots 44 and 45, Block 23, excepting the 10-feet adjacent to W. Nine Iron Lane; and 2. The site specific and standard conditions of approval are as follows: 1. Prior to issuance of a Certificate of Occupancy on the subject properties (Lots 88- 91 and 43-45, Block 23), the Applicant shall submit evidence that the requested vacation has been approved by all required agencies and authorities (all applicable public utilities, drainage and irrigation entities). 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). v AC-04-005 - PAGE 5 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 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 use 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). V ACw04-005 - PAGE 6 By action of the City Council at its regular meeting held on the 5th mtD.bl:r , 2004. day of COUNCILMAN SHAUN WARDLE VOTED~ ~COUNeIUv1AN BILL NARY VOTED COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED*- COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: 9J :: . CI 1:;:' 0:: Ity er~"'O ,,OJ 0 ~ ~ '0 rs.,. lSi ' :<' $' ~ ~ ~~ ,....~ ".1.1.1/.1 COUl\.rf"{. \",.... Copy served upon Applicant, The PlanH'ing1andl2:biring Department, Public Works Department and City Attorney. By: jOlt a.. J:I 1\ UJ\^.- City Clerk . Dated:_I014 -Gi CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). v AC-04-005 - PAGE 7 October 22, 2004 MERIDIAN CITY COUNCil MEETING APPLICANT October 26, 2004 ITEM NO. 5~L REQUEST Water Main Easement for Amberpoint / Onyx Building by Sundance limited Partnership Investments 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. / ( City of Meridian Public Works Dept. R-C"'-7Th ""'""'l;- . . PI-' t III V.R ~J i!j'~~ 111 ~ 'nMfr~ ,ii! ;'; :;..^'='t .5J 'f,J1 l'6wj'-;'~ OCT 1 7 2004 City of Meridi,m City Clerk OfficI? Memo To: Mayor de Weerd & City C,ouncil From: Karie Glenn cc: File Date: 10/1.4/2004 Re: Proposed Agenda Items for 10/26/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/26/04 City Council agenda, on the Consent Agenda, for Council's consideration: iC 1) Water Main Easement for AmberpointlOnyx Buidling bv Sundance Limited Partnership Investments. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for AmberpointlOnyx Buidling by Sundance Limited Partnership Investments and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easementfor Hunter Elementary School by Meridian School District. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Hunter Elementary School by Meridian School District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 , City of Meridian" ' Public Works Dept. Memo From: Brad Watson, P.E. Mark David File To: cc: Date: Re: 10/14/2004 Amberpoint' Onyx Place Buildings Water Easement Attached is a water easement for Amberpointf Onyx Place Buildings. This easement will allow water to this Project I reviewed this easement for accuracy and find it presentable for City Council action. If you need any more information on this matter please do not hesitate to contact me. From the desk oL . Page 1 Mark David EngineeringTech . I Meridian Public Works Department 660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642 Ph: (208) 898-5500 Fax: (208) 898-9551 WATER MAIN EASEMENT . . f'A--. .:>>tkllc.e Lv.,1~ THIS INDENTURE, made thlSQ day of September 2004 between ~JJ~I F' \N'\!5s'nY\E)...\"t'S the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this.easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Water Main Easement Page 1 C046191 IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: l rl [\ ~ ~'f!-. f~~ Christopher L. Anderson Agent of Sundance Limited Partnership Investments STATE OF IDAHO) ) ss County of Ada ) On this )5 Yz day of September, 2004 before me, the undersigned, a Notary Public in and or said State, personally appeared Christopher L. Anderson known or identified to me to be an agent of the Limited Partnership .ef~ltG~rati~ that executed the within instrument, and acknowledged to me that such Limited Partnership executed the same. IN WITNES.S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~. L 1 t ~ II I H:..t. \. ~.. > ,r- '~-l ,.' ''l\l'' C A. tJ. '" "," ~\' ..I!iI'''.aw. all ", ..;. ~ II.... ."..; ., ... r '" It- 9. "l\,.~ n ..... ~ ~ 4 . V. ~ ~ . . OT - 0 .. .: . ~ .LIb · ~ :: "r r ; Z : : : ....~ :. : .. . . . . . ~ .- ;'.(fl.~ UBL\C I S ~ .;>. ... ..- ~ ; "'1.. · C :' ....; )>$ ........ ~ ,..," #"',.,.,. OF ill "'" ....,-, .',',.......... ~y/~ NOTARY PUBLIC FOR IDAHO Residing at ~.~ Commission Expires: L/fi.//o - Water Main Easement Page 2 C046191 EXHIBIT "A" WATER EASEMENT A water easement across a portion of Lots 1 and 2, Block 3 of SILVERSTONE CAMPUS SUBDIVISION, as shown on the official Plat recorded in Book 89 of Plats at pages 10295-10299, records of Ada County, Idaho, located in the NE1/4 of the NW1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more described as follows: Commencing at a brass cap monument marking the NE corner of the NW1I4 of said Section 21, thence along the East line of the NW 1/4 of said section 21, also being the East line of said Lots 1 and 2, SOool1 '32"W a distance of288.69 feetto a point, from which a brass cap monument marking the SE corner of the NW1/4 of said Section 21 bears SOooll '32"W a distance of2368.25 feet, thence leaving the East line of the NW1/4 of said section 21 N89048'28"W a distance of 23.40 feet to a point being the POINT OF BEGINNING; Thence 10.00 feet on both sides of the following described line, with margins shortening and lengthening to intersect adjoining property lines; . Thence NOo049'11"E a distance of 13.07 feet to a point; Thence N89010'54"W a distance of 142.82 feet to a point; Thence N70058'36"W a distance of26.73 feet to a point; Thence N19005'00"E a distance of 47.07 feet to a point; Thence N70055'OO"W a distance of 41.82 feet to a point on the East right-of-way line of South Topaz Way, being the terminus of said easement. Said parcel contains 5,431 square feet more or less and is subject to all existing easements and rights-of-ways of record or implied. C046191_ water.easement2 _legal_ 091 004wdg.doc :? -;: I () S r /' C"1 0 .. en <D - /' a. " <0 /' " 0 .. en ~ 20 I I '" 0 ~ .. 0 N1/4 ~ 3 .. ::. c. '" ~ r 0 '" 0 " '" ~ .. '" N 0 0 .. - 0 '" '" .. -0 F '1:l 5' " 0 n '" .., " " :;' '" '" "' :;- ~ ~ "" 5' :!: ~ EXHIBIT "B" WATER EASEMENT ~ A PORTION OF LOTS 1 AND 2. BLOCK 3 OF SILVERSTONE CAMPUS SUBDIVISION BOOK 89 OF PLATS PAGES 10,295 TO 10,299 A PORTION OF THE NEl/4 OF THE NWl!4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN. CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004 10 20 , , '0 I SCALE ," : 40' .. -.. - - - -- -.. -.. - --- SO"~~'33n~_ 288~~9~89"4B'28"'E:"23'-iO'~ TI ~ .... N~~~r~~~L4r- ~~ n_ NOO"49'11nE 13.07'\ t: r- . I FS('tf'T-") FS(S")- lOT 1 lOT 2 LffiEt:!Q ~ - w - - BOUNDARY LlNE ......"......................... TIE LINE - - - - - - - EASEMENT LINE " CALCULATED POINT ij1 "' Ii: I /:? -==----=-=-==--....:=-=-l..~.:...-4::.-;:-..~ '- o:-f''! ----___ I 7( ---'-- ' J ... -------.:::::::::..1=------~ _ "'. 1 'Y(<>) ----------~~~~-~---- ---~~ J~~~ ~~ I ---- ----J..."(- '- -t:--_~o'J --- ~ --.- '""",- -.......::---..... ! -- t.~ ---__-- -_...:--- -1@) S '" - ----=.,-- ---'- ----~- . J. .... - -.. ....~ AZ WAY -~_:---..-~~Z JfA.Y--W(8") ---:..--:..>_--::.--::-:::- L .......... ,.-:.... ---- - ...................-.......~ ----.......------ ---......-.......----.5' ---... -... ................................ --,- ,,,,,,- --- -- -..................... .......:--.......... DETAIL FILENAME: C04619Lwoter eosement.dwg CREATiON DATE: 09-10-04 PINNACLE DRAWN BY: WOG CHECKED BY: EAB Engineers, Inc. 12552 W. E..cut;v. Dr.. Suile B, Bo;se. Idaho 83713 (208) 887-7760 October 22/ 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 26, 2004 ITEM NO. 5-M REQUEST Sanitary Sewer and Water Main Easement for Hunter Elementary School by Meridian School District AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian, City of Meridian Public Works Dept. n~cg:m\fJ: r~1: L~ ~ (\l- OCT 1 7 2004 City of Meridian City Clerk Offic(-' Memo To: Mayor de Weerd & City C.ouncil From: Karie Glenn cc: File Date: 10/14/2004 Re: Proposed Agenda Items for 10/26/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 10/26/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for AmberpointlOnvx Buidling by Sundance Limited Partnership Investments. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Amberpoint/Onyx Buidling by Sundance Limited Partnership Investments and authorize the Mayor to sign and City Clerk to attest. ~ 2) Sanitary Sewer and Water Main Easementfor Hunter Elementary School by Meridian School District. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Hunter Elementary School by Meridian School District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 City of Meridian ' Public Works Dept. Memo From: Brad Watson, P.E. Mark David File To: cc: Date: 10/14/2004 Re: Hunter Elementary School App 2004-728 - Water/Sewer Easement Attached is a water/sewer easement for Hunter Elementa'Y. This easement will allow water & sewer to this Project I reviewed this easement for accuracy and find it presentable for City Council action. . If you need any more information on this matter please do not hesitate to contact me. . Page 1 Frall). the desk of... Mark David Engineering Tech .1 Meridian Public Works Department 660 E. Watertower Ln. , Suite 200 Meridian, Idaho 83642 Ph: (208) 898-5500 . Fax: (208) 898-9551 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE. made this _ day of _. 20_between , the parties of the first part, and hereinafter called the Grantors,. and the City of Meridian, Ada County. Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS. the GrantoIS desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and descnbed; and WHEREAS. the sanitary sewer and water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS. it will benecessmy to maintain,. service and subsequently connect to said pipeline from time to time by the Grantee; NOW. TIIEREFORE, in consideration of the benefits to be received by the Grantors. and other good and valuable consideration. the Grantors do hereby give.. grant and convey-unto the Grnnteethe rigbt- of-way for an easement forthe construction, operation, maintenance. repair, replacement of sanitary sewer and water mains over and across the following described. property: (SEE ATfACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied .facilities. together-with their maintenance. additional connection thereto, repair m;td replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOlD, the said easement and right-of-waynnto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED. by and between the parties hereto. tha1; after constructio~ making repairs, performing other-maintenance or making subsequent connection to the water line. Grantee shall restore the area ofllie easement and adjacent property to that existent priorto undertaking such construction, repairs and maintenance.. However, Grantee shall not be respons1ole for repairing, replacing or restoring anything placed within the area descnbed in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures,. trees, ~ or perennial sbtubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee. that should any part of the rigbt-of:- way and easement hereby granted shall become part ot or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such Water Main Easement Page I WlR-swr.scbooI district EASMT boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that "they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whoIlliioever. ill WITNESS WHEREOF. the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: cfJ~ Supeifutendent STATE OF IDAHO ) ) 55 County of Ada } On this lJ..-Jb day of oC+Dloa .20 Of-/-. before me, the undersigned, a Notary Public in and for said State. personally appeared UJlta..o... C!Aturk. and , known or identified to me to be the Superintendent of Joint School District No.2 that executed the within :instrument, and acknowledged to me that such. entity executed the same. ""........,,'1: ~OF, I have hereunto set my hand and affixed my official seal the day and year ;.$~ e wn (' \. ~-~ ~~ E ~ ,+OTAIl)' ! ~ ! * _.- * E PrJ:tAiic~ a. ~~ \. ~VB\.\G l i NOTARY PUBLIC FOR IDAHO . ~ 4P -,-.~SJ ~ -=-.r. ';)'>-1 ....... ~....o:- '#;,# 1'8 OF \"Q '0........ '"".....Il'".... Residing at ~ci.A~ J ~ Commission Expires: 3 - '.:Z7 -0 1 GRANTEE: CTIY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: Water Main Easement Page 2 WTR-sv.'l".school district EASMT ARRH'w. . S Land Surveying, Inc. GPS, BOUNDARY, TOPOGRAPHIC AND AL.T.A. SURVEYS CONSTRUCTION STAKJNG 3D SCANNJNG 1121 E. State Street · Suite 195 · Eagle, Idaho 83616 · office: 1-2&8-939-7313 · fax: 1-2&8-939-7321 Job No. 2004813 9-22-04 D .R.L. LEGAL DESCRIPTION FOR HUNTER ELEMENTARY Sewer & Water Easement Part of the Northeast Y. of Section 35, Township 4 North, Range 1 West of the Boise Meridian described as follows: OUTSIDE: A 20' wide sewer and water easement lying 20' to the right ofthe following described line: Commencing at the Northeast comer of8ection 35, Township 4 North, Range 1 West of the Boise Meridian and running thence N89028'08"W 2298.88 feet along the North line of said section; thence 800031' 52"W 192.05 feet to the POINT OF BEGINN1NG; thence S76007'07"E 4.12 feet; thence S89028'08"E 225.95 feet; thence N38032'36"E 33.00 feet; thence 889028'08"E 248.13 feet; thence 861045'00"E 9.47 feet; thence N28015'00"E 40.00 feet; thence 861 045'00"E 20.00 feet; thence 828015'00"W 40.00 feet; thence 86J045'OO"E 104.43 feet; thence S30000'00"E 127.99 feet; thence S15000'00"W 134.14 feet; thence 875000'00"E 12.00 feet; thence SI5000'00"W 20.00 feet; thence N75000'00"W 12.00 feet; thence 815000'00"W 42.14 feet; thence S60000'00''W 156.18 feet; thence N76000'00"W 164.79 feet; thence S14000'OO"W 114.54 feet; thence S27000'00"E 311.39 feet; thence S63000'OO"W 30.00 feet; thence N27000'00"W 322.61 feet; thence NI4000'OO"E 144.37 feet; thence N30000'00''W 201.19 feet; thence N60000'00''E 9.29 feet; thence Noo31 '52"E 154.44 feet; thence N89028'08"W 217.42 feet; thence N7600T07"W 6.46 feet; thence N13052'53E 20.00 feet to the point of beginning. AND INSIDE: A 20' wide sewer and water easement lying 20' to the left of the following described line: Commencing at the Northeast corner of Section 35, Township 4 North, Range 1 West of the Boise Meridian and running thence N89028'08"W 2298.88 feet along the North line of said section; thence S00031 '52"W 192.05 feet; thence S76"OT07"E 4.12 feet; thence S89028'08"E 225.95 feet; thence 879016' 52"E 22.61 feet to the POINT OF BEGINNING; thence S89028'08"E 19.94 feet; thence No031 , 52"E 10.00 feet; thence S89"28'08"E 83.00 feet; thence SO"31 '52"W 70.00 feet; thence S89028'08"E 20.00 feet; thence No031'52"E 70.00 feet; thence S89028'08"E 118.32 feet; thence S6P45'OO"E 123.27 feet; thence S30000'OO"E 114.01 feet; thence S15000'00"W 179.72 feet; thence S60"00'OO"W 139.82 feet; thence N76000'00"W 156.71 feet; thence N14000'OO"E 10.74 feet; thence N30000'00"W 132.74 feet; thence N60000'00"E 13.00 feet; thence N30000'OO"W20.00 feet; thence S60000'00''W 13.00 feet; thence N30000'00''W 56.32 feet; thence No031 '52"E J46.78 feet; thence N38032'36"E 21.32 feet to the point of beginning. The above described easement is to contain all the property between the outside and the inside as described. w ?oJ- If)lI) - co r~ :s~ z ( USTICK ROAD N8'Jl.28'1l8''W ..u....~. .H..........._nrn......... '................~..L....~...... ......n_~.,..~.. n' ...'n.... .... .........nU.. n. ..~_. .,. ..... .....mm.w:~:::.:.::.::~:u. ...~....n...."~ .... S89'28'08'[; e4B.13' S89'Z8'OS'E 225.95' 118.32' SB9'2S'081:: 217.42' $B9.28'OS'( ~ np ","" , ..,. M"; , If) "'~ '" % ~...J. f1Il:l, ,~ <o~ Sro\'?;,"J' b'" .~ .::;> ',~I:l .~I:l sfF \ October 22. 2004 MERIDIAN CITY COUNCil MEETING APPLICANT October 26, 2004 ITEM NO. 5-N REQUEST Award Bid for 2004 Waterline Improvement Project, Franklin Road Waterline Extension to Mosco, Inc. for $370.098.30 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED OCT 2 1 2004 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 10/21/2004 Re: Proposed Agenda Item for October 26, 2004 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 26 City Council agenda, under Consent Agenda, for Council's consideration: 2004 Waterline Improvement Proiect, Franklin Road Waterline Extension. Six bids were received for this project as summarized below and detailed in the attached spreadsheet: . Masco,lnc $370,098.30 . Lurre Construction, Inc $382,342.00 . Brown Construction, Inc $389,913.85 . Bodiford Construction, Inc $398,555.00 . Sommer Construction $412,701.15 . Owyhee Construction, Inc $411,664.00 This project consists of construction of approximately 7,826 L.F. of 12" water main, two bore crossings ofTen Mile Creek, fittings, gate valves, connections to existing water mains, surface restoration, traffic control, dewatering, paving, and other related and miscellaneous work. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the 2004 Waterline Improvement Project, Franklin Road Waterline Extension with Masco, Inc for $370,098.30 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. . Page 1 October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 26, 2004 ITEM NO. 5-0 REQUEST Design of Well #27 Pumping Facilities - Civil Survey 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. City of Meridian Public Works Dept. RECEIVED OCT 2 1 2004 Memo City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady CC: Date: 10/20/2004 Re: Proposed Agenda a Items for October 26, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the October 26 City Council consent agenda: W Design of Well #27 Pumping Facilities - Civil Survey. Attached is a contract with Civil Survey 1\ for design of Well #27 Pumping Facilities. The contract amount is for $26,470 (not to exceed). Recommended Council Action: The Public Works Department recommends that City Council approve the Contract for Design of Well #27 Pumping Facilities with Civil Survey for $26,470.00 and authorize the Mayor to sign it. Desion of Primary Backup Power at the WWTP - DC Enqineerinq. Attached is a contract with DC Engineering for design, bidding services, and construction services to implement site-wide backup power at the WWTP. Once constructed, the existing task-oriented gensets will be relocated. Construction costs are expected to be around $725,000. The design contract with DC Engineering is $55,000 (not to exceed). Recommended Council Action: The Public Works Department recommends that City Council approve the Contract for Design of Primary Backup Power at the WWTP with DC Engineering for $55,000.00 and authorize the Mayor to sign it. From the desk or... Lenard Grndy Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 grndyl@rneridiancity.org CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 04039 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSUL T ANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of , 2004. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct new pumping facilities at Well No. 27 located at the northwest corner of Franklin Road and Ten Mile Road. The proposed improvements consist of a new pump house, vertical turbine wen plUHp and motor, electrical controls, emergency generator, site improvements and appurtenances, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description ofthe PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of an environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title repOlts; other special data or consultations as may be available; aU ofwhich CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated October 19,2004. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated October 19,2004. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS \VHEREOF, the pmties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Civil Survey Consultants, Inc. 100 South Adkins Way, Suite 101 Meridian, Idaho 83642 BY; NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: WO BY~~ Timothy A. Burgess, Vice President 10f4 10/19104 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, teclmiques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. ~SC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of an covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. wo 2of4 10/19104 TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses inculTed. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other pmty under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either pmty, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. cse agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. TIle CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of esC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering U11anticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate esc for any time spent and expenses incurred by cse in defense of any such claim, with SUCll compensation to be based upon esC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies ansmg out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and cse agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement smus, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value oftime spent and the expenses incurred shall, on esC's pm1, be computed based upon esC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSc. wo 30f4 10/19/04 Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P.E. Vice President CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2002 Labor: Project Manager Chief of Surveys Proj ect Engineer Design Engineer Design/Survey Technician 1 Design/Survey Technician 2 - $ 90.00 per hour - $ 90.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per hom- Direct Expenses: GPS - $ Vehicle 2- Vvheel Drive - $ Vehicle 4- 'vVbeel Drive - $ Outside Printing - $ Long Distance Telephone - $ Sub-Consultants - $ 40.00 per hour No Charge No Charge Cost Cost Cost WO 4 of 4 10/19/04 Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P,E. Vice Presi dent October 19,2004 Len Grady City of Meridian 660 E. Wateltower Meridian,ID 83642 Re: Well No. 27 Dear Len: Thank you for considering Civil Survey Consultants to provide professional services required for the construction of new pumping facilities for Well No. 27. We propose to provide these services based upon the following scope of services: Design Services: 1. Well 27 will be located at the northwest comer of the intersection of Frsnldin Road and Ten Mile Road north ofthe Ten Mile Creek. Well 27 has not been drilled as of this date. Based upon previous Meridian wells we anticipate a vertical turbine pump will be designed for a maximum continuous delivery rate of approximately 2000 gpm with a 125 to 200 horsepower motor. Actual delivery rate and motor size will be determined based upon well performance and actual head conditions. 2. CSC will perfonn a topographic survey of the area where the well lot is proposed to be located. The survey will locate Ten Mile Creek, existing buildings, existing residential wells, existing septic tanks and drain fields, existing property lines and other features necessary to properly locate the well and well lot. CSC will contact the Ada County Highway District to verify the future right-of-way width for Ten Mile Road. CSC will prepare a site map with a recollll11endation as to the final well location and well lot configuration based upon existing DEQ requirements. 3. Upon final selection of a well site, CSC will prepare the DEQ "Well Siting Chec1dist" and submit it to DEQ for approval. 4. All work associated with preparation of the water rights application, obtaining the water rights for the well, obtaining the well drilling permit, and drilling and pump testing the actual well will be completed by others under a separate contract. Grady October 19,2004 Page 2 of 4 5. Once the well is constructed, CSC will provide complete design services required for preparation of plans and specifications for the new pumping facilities. The new pumping facilities will include the following components: a. The well building will be masomy block construction, with altmlinum fascia and soffets, and architectural fiberglass shingles. The new building will be approximately 28' wide by 28' long. The generator set will be enclosed in tlle building. There will not be a separate chlorine room. b. The well will be equipped with a new water lubricated veliical turbine pump. The pump will be selected based upon the characteristics of the actual completed well. Motor size is anticipated to be 125 to 200 horsepower. An automatic pre-lube system will be provided for the pump column bearings. c. A Variable Frequency Drive (VFD) will control the pwnp motor. The VPD will vary the pump motor speed to maintain a constant pressure in the discharge plpmg. d. The well will be equipped with an emergency generator to be located inside the pmllp house. The generator shall be equipped with an automatic tTansfer switch. The generator may be eitller a diesel or natural gas fixed unit at the discretion of Meridian. e. The construction contract will require that the Contractor install a Radio Telemetry (RTU) Panel to operate the well witll the cmTellt City system. The City will nunish the R TU panel. The contract will require the Contractor to install a conduit to support the anteDlla. The City will install the actual antelma and wiring. The Contract will require the Contractor to install conduit between the RTU and VPD, along with the necessary contacts and wiring for the desired telemetry functions. The City will provide a list of functions to be included, and the type of contact(s) required. f. The building will include heating, ventilation and air conditioning. g. A liquid solution-metering pump will be provided. The pump will be controlled propoliional to the flow by a 4-20 ma signal from tlle flow meter. h. Site improvements will consist of an asphalt driveway and parking area with access off Ten Mile Road. No improvements to Ten Mile Road will be provided Grady October 19, 2004 Page 3 of 4 under this contract. The well will connect to an existing water main located on the east side of Ten Mile Road. 1. The site is located adjacent to Ten Mile Creek. Well 27 will include provisions to flush water into Ten Mile Creek. CSC will coordinate with the Nampa-Meridian Irrigation District, U.S. Army Corps of Engineers, and Idaho Department of Water Resources as necessary to obtain permission to flush water into Ten Mile Creek. 4. CSC will submit the completed plans and specifications to the Idaho Department of EnvirolUl1ental Quality, the Ada County Highway District, the Nampa Meridian Irrigation District and the Owner for review and approval. 5. CSC will provide an adveliisement for bids for publication by the Owner, answer any pre-bid questions and attend the bid opening. CSC will provide the Owner up to 30 copies of plans and specifications for bidding purposes. 6. CSC will attend a pre-construction meeting. 7. The Owner will issue tlle Notice Of Award, Agreement, and Notice To Proceed, and will handle all contract administrative work. 8. CSC will begin design upon receipt of a notice to proceed fl:om the City of Meridian and a fi.nal pump test results from the completed well. 9. The City of Meridian will perform a hydraulic analysis of the distribution system with tlleir computerized water model and provide CSC with predicted main line pressures at well discharge rates of 500, 1000, 1500,2000, and 2500 gallons per minute. 10. The City of Meridian will make all arrangements with Idaho Power Company and Intermountain Gas Company for utility service to the well site. Construction Services: 1. CSC will provide complete construction services including coordination between the Owner, Contractor, Sub-contractors and Sub-consultants. 2. CSC will provide construction observation services. 3. CSC will prepare contractor's partial payment estimates for approval by the owner. Grady October 19, 2004 Page 4 of 4 4. CSC will review and evaluate the need for change orders during construction and provide a recommendation to the Owner regarding their approval or denial. 6. CSC will conduct the final inspection and assist the owner with project close out. 6. CSC will prepare record drawings for the completed facilities. 7. CSC will conduct a one-year warranty inspection. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of$ 19,270.00 without prior approval of the Owner. \Ve propose to provide the Construction Services as outlined above on a time and materials basis according to the attached rate schedule plus direct expenses and sub-consultant expenses. I estimate the fee for construction services will be approximately $ 7,200.00. The above fee estimates are based upon utilizing Mulder Engineering Incorporated for the electrical engineering services and KartcImer Engineering for mechanical services. A copy of our man-hour and fee estimate is attached for your reference. The above fee estimate assumes that Meridian will pay for all costs associated with permits, licenses, testing and publishing costs. If the proposed scope of services and fee estimates are acceptable, please sign and retum one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for tillS project. Sincerely, ~~ Vice President enc. ! Civil Survey Consultants Design Fee Estimate City of Meridian Municipal Well No. 27 Classifiaction Hours Rate Total Project Manager 19.00 @ $90.00 :::; $1,710.00 Project Engineer 142.00 @ $70.00 :::; $9,940.00 Professional Land Surveyor 2.00 @ $90.00 = $180.00 Survey Techncian 1 8.00 @ $60.00 = $480.00 Survey Techncian 2 8.00 @ $55.00 :;:; $440.00 GPS 8.00 @ $40.00 :::; $320.00 Labor Subtotal 17LOO $13,070.00 CI assifi action Item Rate Total Plan Set Printing 40 @ $12.00 :::; $480.00 Specification Printing 40 @ $23.00 = $920.00 Misc. Printing $100.00 Kartchner. HVAC $1,200.00 Mulder - Electrical $3,500.00 Direct Subtotal $6,200.00 Total Design Fees $19,270.00 We1127.xls 10/19/04 Civil Survey Consultants Construction Services Fee Estimate City of Meridian Municipal Well No. 27 Classifiaction Hours Rate Total Project Manager 9.00 @ $90,00 :: $810.00 Project Engineer 72.00 @ $70.00 :: $5,040.00 Professional Land Surveyor 2.00 @ $90.00 :: $180.00 Survey Techncian 1 4.00 @ $60.00 :: $240.00 Survey Techncian 2 4.00 @ $55.00 :: $220.00 GPS ~ 4.00 @ $40.00 ::: $160.00 Labor Subtotal 87.00 $6,650.00 Classifiaction Hrs/Mlles Rate Total Misc. Printing $20.00 Kartchner. HVAC 2.00 @ $70.00 $140.00 Mulder. Electrical 6.00 @ $70.00 $420.00 Direct Subtotal $580.00 Total Construction Fees $7,230.00 Well27.xls 10/19/04 Civil Survey Consultants Man-hour Estimate City of Meridian Municipal Well No, 27 Task Description Professional Design PLS Su rvey Survey Total Engineer Engineer Technician 1 Technician 2 1. Design a. Coordination & Meetings 4 12 16 b. Site Survey & Base Map 2 2 8 8 20 c. Site Concepts and Approval 1 8 9 d. Well Siting Checklist 1 4 5 e. Hydraulic Analysis 1 4 5 f. Pump & Piping 2 16 18 g. Building Plans 2 24 26 g. Site Design 1 32 33 h. Contract Documents 2 16 18 i. Review and Approval 4 16 20 2. Bidding a. Coordination & Meetinl<s 1 8 9 Desil2'n & Bidding Total Man.Hours 19 142 2 8 8 179 3. Construction a. Coordination & Meetings 2 4 6 b. Construction Staking 2 4 4 10 b. Inspection 4 40 44 c. Payment Estimates 1 '8 9 d. Change Orders 1 4 5 e. Record Drawings 1 16 17 Construction Total Man.Hours 9 72 2 4 4 91 Well27.xls 10/19/04 October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 26,2004 ITEM NO. 5-P REQUEST Design of Primary Backup Power at the WWTP - DC Engineering 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publiC meetings shall become property of the City of Meridian. ( City of Meridian Public Works Dept. RECEIVED OCT 2 1 2004 Memo City Of Meridian City Clerk Office To: Brad Watson From: Lenard Grady cc: Date: 10/20/2004 Re: Proposed Agenda a Items for October 26, 2004 City Council Meeting The Public Works Department respectfully requests the following item(s) be placed on the October 26 City Council consent agenda: Design of Well #27 Pumpinq Facilities - Civil Survey. Attached is a contract with Civil Survey for design of Well #27 Pumping Facilities. The contract amount is for $26,470 (not to exceed). Recommended Council Action: The Public Works Department recommends that City Council approve the Contract for Design of Well #27 Pumping Facilities with Civil Survey for $26,470.00 and authorize the Mayor to sign it. tK Desiqn of Primary Backup Power at the WWTP - DC Enqineerinq. Attached is a contract with DC Engineering for design, bidding services, and construction services to implement site-wide backup power at the WWTP. Once constructed, the existing task-oriented gensets will be relocated. Construction costs are expected to be around $725,000. The design contract with DC Engineering is $55,000 (not to exceed). Recommended Council Action: The Public Works Department recommends that City Council approve the Contract for Design of Primary Backup Power at the WWTP with DC Engineering for $55,000.00 and authorize the Mayor to sign it. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyl@meridiancily.org DC Engineering, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. Meridian WWTP Engine Generator Upgrade THIS AGREEMENT between the City of Meridian, hereinafter referred to as the nCLIENT" and DC Engineering, PC., an Idaho Corporation, hereinafter referred to as "DCElI is made and entered into this day of October 18. 2004. The CLIENT and DCE in consideration of their mutual covenants herein agree as set forth below. The Client intends to provide back-up power for the Meridian WWTP as part of the Expansion project. This portion of the project generally consists ofintertie into the IPC existing utility line with two parallel 800kW Engine Generators. The project will also consist of providing a new structure similar to the existing buildings at the WWTP to house the generators and provide space for an additional two engine generators as growth dictates. See attached document for more complete outline of services, which hereinafter are to be referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to DCE a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to DCE all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which DCE may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for DCE to enter upon public and private property as required for DCE to perform services under this Agreement. SERVICES TO BE PERFORMED BY DCE DeE will provide the following generally described services under this Agreement: See attached. BASIS OF FEE AND BILLING SCHEDULE The Client will pay DCE for services provided under this Agreement as follows: See attached. WO lof4 10/1812004 Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: City of Meridian ADDRESS: 660 E Water Tower Suite 200 Meridian, Idaho 83642 DC Engineering, PC. 440 Meridian, ID Suite 103 Meridian, Idaho 83642 ~~~uJ BY: David Cutbirth, PE TITLE: President BY: Tammy DeWeerd TITLE: Mayor WO 20f4 10/18/2004 DC Engineering, INC. TERMS AND CONDITIONS GENERAL - DCE shall provide for CLIENT professional engineering services for the Project described in this Agreement. These services will be perfonned in accordance with generally accepted professional practices for the intended use of the project. DCE makes no other warranty either expressed or implied. DCE shall not be responsible for acts or omissions of any party involved in the Project other than their 0'Wll. DCE shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by DCE. DCE has not been retained to supervise, direct or have control over Contractor1s work DCE specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work ofContractor(s) or for any failure ofContractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work Accordingly, DCE can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perfonn their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. DCE will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. OPINIONS OF COST - DCE may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that DCE has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that DCE's opinions of cost are based on DCE experience and represents DCE's judgment based on that experience, but DCE does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by DCE. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that DCE modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - DCE shall retain an ownership interest of all professional products prepared by DCE. The CLIENT agrees that no product will be reused without specific written pennission ofDCE. The CLIENT agrees to indemnify and hold DCE hannIess from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by DCE for the PROJECT. GOVERNING LAW ~ Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and DCE each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and DCE are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shaH be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and DCE, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and DCE and not for the benefit of any other party. TIMES OF PAYMENTS - DeE shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due DCE for services and expenses within thirty (30) days after receipt of DCE's statement therefor, the amounts due DCE will be increased at the rate of 1.5% per month from said tenth day, and in addition, DCE may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until DCE has been paid in full all amounts due for services, expenses and charges. wo 30f4 10/18/2004 TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack ofperfonnance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, DCE shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and DCE agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. DCE and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or tennination of services. DCE and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for DCE to take immediate measures to protect human health and safety, and/or the environment. DCE agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages DCE to take any and all measures that in DCE's professional opinion are justified to preserve and protect the health and safety of DCE's personnel and the public, and/or the environment, and the CLIENT agrees to compensate DCE for the additional cost of such work. In addition, the CLIENT waives any claim against DCE, and agrees to indemnify, defend and hold DCE harmless from any claim or liability for injury or loss arising from DCE's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate DCE for any time spent and expenses incurred by DCE in defense of any such claim, with such compensation to be based upon DCE's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and DCE agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on DCE's part, be computed based upon DCE's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs.n EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and DCE and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and DCE. wo 40[4 10/1812004 ENGINEERS COST ESTIMATE OPTION 2 I Meridian WWTP Generator Upgrade 10/14/04 I Item Quantity I Unit Total I Building 1500 $55 $82,500 Generator 2 $80,000 160,000 Paralleling Gear (SEE NOTE) 3 $30,000 90,000 Fuel Tank 1 $21,000 21,000 Transformer 1 $25,000 25,000 Transfer switch 1 $83,000 83,000 Misc Electrical 1 $75,000 75,000 Site $10,000 SUBTOTAL Construction $546,500 AlE FEES $ 50,000.00 AlE CA $ 5,000.00 SUBTOTAL ENGINEERING $ 55,000.00 SUBTOTAL Construction and A*E $601,500 CONSTRUCTION CONTINGENCY 10% $ 54,650.00 PROJECT TOTAL WI CONTIGENCY $ 656,150.00 f1;rOTE:DTSTRIBUTION GEAR TO BE ADDED AT TIME OF INSTALLATION OF NEW ENGINE GENERATOR AT APPROXIMATLEY $30,000 PER SECTION .LUI .loll ZOU'i 'uw ia: 55 bU.. IiZI OU.lI UO.L (ilcnn 1\.. UCl1l1dl. PL.!;. 1'n::'l;lIkm Civil Survey Consultants, Inc. 100 South Adkins Way SuilC 10 1 Mcriditm, Idaho 83642 (2[}NWXH-4~ 12 fllX H88~323 Timulhy A, nuq:t:S~. P.E. Vi~ Ptesia~lll David Cutbirth, President D,C. Engineering, P.C. 440 E. Corporate Drive Meridian, ID 83642 October 14, 2004 Rc: Meridian WWTP Generator Building Dear Mr. Cutbirth: Thank you for considering Civil SUlVey Consultants to provide professional. services required for the design of the ncw generator building at Meridian's wastewater treatment plant. Our scope of services w,d fee estimate is a.. follows: Scope Civil Survey Con~ullanls will perfbnn a !;ite survey 01' the proposed building location, prepare a grading and drainage plan for the building site, and prepare building plans for a 20' by SO' concrete masonry unit huilding wilh it ::>landanl wooden Lrull,Sed roof, The building will be designed to match the appearance of the other buildings at the site. Our structural 5ub consultant. DES Enghleering. will provide structural c.lesign orthe building, Our work product will include the grading and drainage plan, building plans) and building: delails in AutoCAD fonnat on a base sheet format provided by you. We will also provide specifications in CSl fonnat and an opinion of cost. We. will he nvnilahle to answer questions durin.g bidding. and up. to three trips to the site during construction. We wi1l provide construction staking of the building and any site grading one time. Services not included in this scope of work include geotechnical testing for foundation design; electrical systems design; design of the generatoTs and fuel delivery sysl~rn; rn~chanicaI design incluuine: ~emmtlor exhaust sysl~ms, ht::ating, vt:ntilaliun and air condition ing. Fees Civil Survey Consultants will provide the services as outlined above for a not to exceed amount of $12.000.00. A.gain. thank ynu for cnnsidering Civil Survey ConsullanLs Ihr this project. Sincerely. r;::- ~ Tim Burgess. P .E. V ice President .r. ~ :, . - < .,:~~ - ~. :' '. '.,'..:~.~:..:1..:' ';.',~~"_;"_.~'..." ". "". " ~., .:. .'. : 7" , " .. j-: ' ;:;:.~..'~:. .;.; ". . :';'. ,,"."f' , . ~I ., " , '. ~ . ' . ~ " (',~. .' :' " .-,', ELKHORN . ENGINEERS. P.A, . ' ~;,~,--. 2950' E.M"Zk Vi~:w Urn Suire 19{1 Meridian,' Id.,Im B3642 . www.elkborncng.com .c~ctObet l~~ 2004' 'ClaYB:~, DC 11.......:......... . ..~nng, . , 44() ~.CorPom.e Dr.. suite .103' .. :Meri~ ID .8~642 . :'SUbj~:' ~opo~a1 for:ryt~chonrlCal :E;.O~~e~ri~ SerVices'forMeriduiliWWI: P~G~J;1lto~ ~u.i.1~$ Clay. '" . . .' ~ . . . ~;;ou r;the OppO~r;..to.~~de ~u Wtthtbis proPosal fOr~~'eri~g'~Ll~~ on, :. tiW! project: We'.have'incl~ a desctiPtion.~fservices that we. ~ i~tep,fHng t~ prQ1Iide~ a 'liSt'of Our .' ,'.' . des~~~.,andthe'desigllf~'w~.arepCQposing....' :~ ..' ,: '. '. . . ,...:. ". ......, " .'.. , . . SCQP.E OF WORK . .'. ' '. :. ;," . , " .' , ~ projeqt will ~ III ;500. i1q::fl. Gene.m.oi; building to be \>uilf m M~. rP. Elkhom ~iU, prpvidc, : . HVAC 'andPI,umbing~gn ~rthese areas; as ~hOed,~low... We und~ tbiitthis projep;will be , a bid 'project."' ' . . ." .' ':' . . ',' . , HVAC ,',', '. ',:. '. ...._: '. .,.. '. ,.' " , ,... .: . . '~e!ting foitlie bniJ.~'wiU:~provi.ded:by.rneansofgas ~,'~':Oni~n,un;ithealelS,. ..We~l. '. .' . alSo provide.'genera1 eKhatrBt for. ~g.ventilatiOn. W~ Will OOQ~ Jl.leCb3ni~ 'wCfk with the otheI: : '. ::, . disciplines. We, assume DO. cooling will be icq~d fm:.thJs.boildiIig.'. ,We ~ ~ !~vmf~.intakes,for .' I . the geoenltor req~item~ts" ~ n~': . ':'.'. ' ~. . , .. ,+..' . . '. " PLUMBING.. '. " .. '.' .... .' .,.. .' . '. " plmnliing,wili ~i~ of Waste'-8nd v~ Il{ItU.rai .gas:piping. .atid.,~~ hOt' &. cDld-~ piping. .Risef' "~ii-wii1,he develop~~:l~''p1umbing fixt~es yrill~ *ifie4 on-the:dRwings: ,'l'b.e~~ton' arc ftu;led with diesettbat will behou~lin'a'dou"b~.tank. NC:~esel ptpUig WilU~requirid >~ ~f will lie ,drained ~ith, Cuti~ ,and ~wn: .spouts: It k>a'~ '4aat no ,Oth~I- ~~ pqimg' Witi~ be' . required f()r ibis :Project.' .", . ,...' , ',....' .' :..., ':" _. ,." . :.",'. , . . : . . . . ASSUMPTIONS " .. " . . + . " . * - ~'.~ . . · '. Ar~ect'will provi4e eIectfoniC _b.ackgmun4s ~ Aato Cad R 200~ or.~er..'.' · If reqUired. ~:fire protectio~ foe this project ~ ,?e.~ by p~: , ...' 'DRAWINGS . Drawings anticipated for this ProjeCt ,are as fuli~ws: HVAC: ' '. '. " ........,.' ,.., . M{LP' IN' AC ~gends imd.Abbrevhmolls . ,~O,l :?VA9 Specifications '. . . .Ml,1 First Floor HVAc '. M2.1 '".ROPfINAC . , . >'... MJ.) HV~:Qetaih, . . . M4.1. HVACScheau-les: .. .:. " 'I~>.. . . ,-.-,'. . Mrnwm~Bkli, . l"g. l ., PH D'~rE: :(:~.O'8')'95~-OS55 . F,oCX.: .\?Oli) 95,5-0"9S9' _.-1 ,.J: .' ~'~::~::"~~':T~~ :::./'; ;~:-'~'. ~:~~ ::):~~' ~ -,~:~.":'~ ~.'}: (" ~:: ~' ~' ....0, -'.~ .;' .,~...~~.>. '.L'.O ..."'.0 . . 'T J(~'~.:. ~:,:.: ': . > ,.',:,:~'i.~:.:,:> ::~~::." ::'~.,', - r/ ,~.')':;.':>;;~, ':c:.o~~f~':.: ~~, : , , . ,...-;. ~:." ',~.':: :.'~~:~ PLUMBING . 'PO.O ' p~iniLe~<~Abbr~~ , . '~.l ,PlumbingSpeciftcatic.nls' " . .PI.l' FirSt Floor Plumbing . P2.1'. 'RoofPlumbiD;g~laI\; ':" ' '. . fi3: 1 ' . Plumbing Details ari<l Risers ' ,,:'., . P4.l'. Plu~~g~~le.i -" .'. . h'., "._' " .':' .'. . .. .. , ,*..j.Speci~CatiOns .will ~~ ~~ :pntta,e ~~gi..' NQ:OOOkspeC ,\vi~ be'req~... ." " ~. ..' . 0 0" n" o. '0 .. . .r'c < . . '. , -. , . ~ESIG~TEAM, "", ','.: ,.' . .'.. ..,. The following, people are schedu1e<fm. \l{cirk on.the Ilfoject ifit, is !qlprov~'. ~~vid.Ual;~es ~~, <rv~l:!le upOn request. .' .' .,,' . ..', '" .' .... ' '.. ,'. ..... .;.....' . . St~ve~~'. '. M~h~nk-alEngirieCr ,. '$9010/', ... " '. .~-Da!lids . ,':. ' ..'. L~M~fumicalDesigner' " .:SSOlht',:" .'- ',,' . .(Dn(fti,i1g Siy1po'ri:~ be proytde~ froui-ourPrQduCtion '~n::~ ~r " " . I. " , LIMIT OFLIAil1ury,.. .'.-' .' '.. -,,' :-. '., . '. ,:, . " , , .' ", _, :' " -' .. . EJ.k4Om,EngineeJ'6 ,~~ ~ve ~~t of~biJ#y clause in~'a~eb.t'~ you.~~'the Ow&;. 'We, 'PrOpO~.to have ~ limit OfliabilitY. 'for emn wufWnisSions in de"Si~ set ~'$50.Ooodollars 'fOJ' this ." , . : .. 'proje~, ar~t?'.liirtits'are'avai1a~le ~t'aD.:~~oxUll,~st. '.:.,'~'.,,' '. '-:,_ :~'. '," " '" SCi[J~DULE" ,:'... . ,.',.. 'We aiIt~te' ~:~mk:wiil-take JO~'~~g ~~ to ffu~'4~'~n:the,~'of~onmilion:"'" >r 0 <<. :.,' ,:. ," '.'. +' '. 0.:'.". . ..' '.0: .' '. - . ,. :...:"' C'J..: .... ~ESIGN.FEE~ ANDlttPENS,s- 0 '~o .:. ' )~~ ' .. 0.. + o' . _. _... , ,0 :" ~+.o . ..~ :-. ". I . 'TIlt; work de~ ,~ve i'Qrttrls proj.ec~ Will be .PerfQrtt1~ Dn ail boorly. no.t ~o ,exCeed.basi,$; 'F~ ." ' : wou1d:J>e bQledonall!~ ~~~g fn."'od(~p1~..',Paym~~be"~:wifrPn45 , , days'ofjnvoice dat.e: pesi~ "f,~,,~'~:for tbi~',~ject wo~ld 1;ie'S~;8t'!O. ..Col;n~~'of '".:, ,,'._ ' '. COIlstrul;:tion'do~~ wOl,1Ld ~~~'95,%}.tf~. The.xemRi~iflt5%: Wi1l:~ bi~.aftei'~~'al" . '. , cilmpletiOn.. COOstrocti.On8Slri~tanCe is.~UJ,il:ed~o be nQtteqil.ired. ~asSistance as~ " ....: by ~.oWnm: v.jlfile,bilkd:01i an houpy"baSiB7'pa,s~ ~,ootsti.iJ:l.(laid hOOrly,:rat~.. Weas~e~,thi:: ,. .". arcb.iiootwill provide, all of~:p~costs.forfue~~ EIkbOn;l Wi!1'priwide;&: full ~et Qr .:..', '.' '. ' .. 'drn~gs.;, pi,*c4 on t>Ond;,tD be i.ssuCQ fur eonstrol;tion. :,', .,.. ' .,...., :. :.' .' '. ' "" ' ...' .., , . ~ ,.' ~. 0.. .~.;.' ~ 0 . ~. .. . . ".' ~ . 0 . .'. ~ ... T'" . ...' r. . 0 .' " .~'prOposaljs vaiid, fodo days.. ~d l;leslgn, ~orlc:;tn~st ~.c~l~'witb.in 30' days frbm '&lte of ':', . , auih~on.topro.~;~_y~aPm~o~'~c'OppOitimity~.~withyoU'~~:'~9iect.'We', " .".. , look: forwam,to w~g witJ.i you (In tips project: Iftbis 'pr:oposal ur3ccC:ptabte. pl.ea.se.sign. below and . : '. . - .r~a'coPY,to.Us~th Wi,Or.igfual..sigwiture., Pu.s WjU.$etve,as:oiJrwri~.~m1d~NirtiCeto', ,'..:'... , Proceed. If yoy.'pi-efer .a dlfferent foi;m'~f 3Jl agreem_ please: forwllJ"d:a cc?Py w, oUt j)ffiCe'forrev~ew~ ;'" '. ' .~'..' .".- . .: .- .. .~....', . -':': r"r. ';>T':.' ....<.. ....~... :0'+ ~ .'.. ".:' ..'- ..;1.. :.cc.. .' . . Sincerely; . ,. " Notict! tQ'Proceed . .' ..0. .... .. . r , , . ,~", ". :~':~.:"'>.'~"" . >. . ~ .' . . ,- . ~. L . =. . '" .. -; 0 '. = . L '. " 0 _ " . 0" _ . , "'." " Steve.13astjan. ' ~ ":: . El.kh~Etigineeis,.PA. :. ~ . \ ~ -.. : . '. ~ .-:;::',:', :';. ,~~;;;\~'..,:.. '.... ,~':,',.:"" :,';'. ',,: ": .. '.. ": o $. ' ,.. ',. , '+"0- r" .' "00' .... or .. " . . .",...~. 0 .'", .'. .~ .". . . Mcrid~ GtnaatCl':Bl~g. . \ >' . . ~ . .... : . :. "", 'l?{K.I:ioR"N"ENGIN:S~RlN~; p'.i':. ",:' :'.' . . . '. ':"'-gNE": [2'08 j ~ S:S-"0555 ,..' .F,Ax: ,(2~~}',."9,S,~-O:999 . 0.' n ", . . 0 _ 0 . ~ c.""''" ~: Pg.2' . ,.. Uct 14 2004 4:22PM EI-r Eng_i neers, Inc. (20S( '386-9076 p. 1 -; :~~Jr,:~'~;~'~ .. _.., . EnOifie-1>' lno.- ~~~.~~ CIVIL & STRUCTURAL ENGINEERING FEE PROPOSAL & AUTHORIZATION FOR PROFESSIONAL SERVICES DATE: October 13, 2004 CLIENT: DC Engineering ATTN: David Cutbirth,P.E. 440 E. Corporate Dr.. Ste. 103 Meridian, Idaho 83642 208.288.2182 FAX FROM: EHM Engineers, Inc. Brian J. Sielaff, P.E. 2404 Bank Drive, Ste, 100 Bo ise, Idaho 83705 SUBJECf: Civil/Site & Structural Engineering Services for Meridian WWTP Engine Generator Project Meridian, ID The Client hereby requests ami authorizes EHM engineers, Inc. to perform the following Professional Engineering Services: CIVIL ENGINEERING SCOPE OF WORK TO INCLUDE: I. Provide Client with Civil/Site Engineering Design that will be suitable for agency approval and for use during construction. Civil site design will be in accordance with the 2003 Idaho Standards for Public Works Construction (ISPWC), City of Meridian requirements and local Fire Qepartment requirements. Engineer of Record will be Gerald L. Martins, P.E. Project DescriDt;on Our scope of work is based upon a discussion with "!he project lead, Clay Bingham, and upon a review of record drawings. Individual items from our estimated scope of work are listed as follows .nod can be selected to fit the project requirements. Civil site design will include a Site Development Plan Cl.O, Site Dimensions Plan C2.0, Site Utililies Plan C3,O, Grading and Drainage Plan C4.0. and Civil Site Details C5_0, The project conl~ists of constructing a new. building with associated AC pavement and access road, No existing street improvements are anticipated fur this access road.. Drainage from the building and roadway will be collected and disposed of on site. Record drawings will be used in place of a topographic survey to deteonine existing site grades. Soil infonnation. and percolation rates will be provided by otbel"s and will not be included in our scope of work. Erosion and Sediment Control Plan does not appear to be needed and is not included in our scope of work, but can bee included for an additiooal fee. Additionally, ifa US EPA Notice of Intent (NOI) is required it should be submitted by the contractor or by the owner. Preparation of a Stormwater Pollution Prevention Plan (SWPPP) can be included as an additional fee jfneeded. 2404 Bank Drive, Suite 100 . Boise, Idaho 83705 . (208) 386-9170 . FAX (208) 386-9076 621 Nortb College Rd., Suite 100 . Twin Falls, ldaho 8330.1 . (208) 734-48&& . FAX (208) 734-6049 Oct 14 2004 4:22PM E~ Engineers, Inc. (20R 386-9076 p.2 Page 2 AC Pavement Desizt! We win design an AC pavement road around the perimeter of the new building for the purpose of access and maintenance. The road will be designed to withstand flxpected vehicle loads and connect to ihe existing roadway to the north. Grad;,,!! & Drainage A grading and drainage plan will be created. for site design purposes and storm water management. Associated with the grading and dramageplan will be storm water management calcullltions. Stormwater nmoff from the access road and ac pavement wilJ be collected and routed in grassy swface swales and disposed of on-site. It is believed that these swales will also be used to collect stonDwater mnoff from tbe new building. Utility DesiJm We will coordinate with the City of Meddian and provide a site utilities plan showing gas, electric, and water services to the new building, MisceHanulU We will provide the client with up to (8) hours for coordination meetings and site visits. ClVIL/SITE ENGINEERING COMPENSATION to be on the basis of: . Civil Sheet Set-up and Details 16 br, @ $60.001hr. . AC Pavement Design 6 hr. @ $60.00/hr. · Site Utilities 6 hr. @ $60.001hr. · Grading and Drainage 16 hr. @ S60.001br. . Miscellaneous 8 hr. @ S60.001hr. Total Lump Sum: $ 960.00 $ 360.00 $ 360.00 $ 960.00 $ 480.00 $3120.00 E.,XCLUSTON& Speciflc exclusions not included in OUT current scope of work, but may be added fOT an additional fee include the following: l. Permits and application fees. 2. US EPA Notice ofInten1 (NO!) of construction. 3. Off site utility design. 4. BOlmdarysurvey. 5. Public right of way improvements. 6. Public right of way pavement cut coordination. 7. Site electrical. communication and lighting. 8. Material testing. 9. Construction staking. 10. Retaining wall design. 11. Groundwater monitoring. . STRUCTURAL ENGINEERING SCOPE OF WORK TO INCLVDE: 1. Provide Gient with structural engineering calculations and structural related specifications that will be shown on drawings for approximately 1,500 S.F. ofuow construction for submittal to the local jurisdiction. Design will be in accordance with the 2000 me following any locaL jurisdiction amendments. Cons1ruction to consist of a . siIigle story eMU shell building using a steel roof joists and meta] deck. Floor system is anticipated as being a slab-an-grade. Engineer of Record will be Brian J. Sielaff. P .E. 2. Respond to Agency or Owner comments as required for jurisdiction approval and issuance of building permits. 2404 Bank Drive. Suite 100 . Boise, ldaho 83705 . (208) 386-9170 ' FAX (208) 386-9076 62i North College Rd., Suite 100 . Twin Falls, Idaho 83301 . (208) 734-4888 . FAX (208) 734-6049 Oct 14 2004 4:22PM EI;:'" Eng i neers, I nc. (208' '386-9076 p.3 Page 3 3. Provide up to two (2) hours of attendance at coordination meetings with the Client as set forth by the Client to commonic!ltethedesign intent and revicw any owner's requests. 4_ Perform up to three (3) boors of Construction Administration to GieRt. building contractor and/or Owner. This is available for shop drawing review and answering any questions (RFrs) that come up during the construction phase pertaining to the issued construction docmnents, but does not include any time involved due to contractor errors or deviations from the construction documents. 5. Provide two (2) structural site visits for observations during construction to the building site. Date and times to be determined and coordinated by Client_ Time on site is limited to two (2) hams per visit. Other site-visits can be performed at an additional fee at 1he Clienf's request. 6. Provide Clienl with drafting of structural related sheets that are 10 include a Foundation Plan, Foundation Details. Roof Framing Plan, WalJ Sections, Framing Details and Genera] Structural Notes, STRUCTURAL ENGINEERING COMPENSA170N to he on tlu! basis of: . Item 1~2: · Item 3: Item 4: Item 5: . Item 6: Total Lump Sum: $1,140.00 $ 190.00 $ 285.00 $ 380.00 $ 800.00 $2~795.00 PROVISIONS: . Drawings will be created using AutoCAD and LDD 2i formaL · 1'hree(3) sets of stamped and signed drawings, calculations, and reports wiU be provided to Client for sUbmittal tD local jurisdiction for permitting purposes. Additional sets can be provided if reqUested by the aient_ · Any additional work: required for review, preparation of calculations or details that are requested by the owner, local jurisdiction and/or contractor on account of contractor errors or deviations from the construction docwnents will be billed at an additional hourly rate and are not included as a part of the total fee. · Additional observation site visits during construction can be performed for an additional fee, if required by 1M Clknt, Owner, building contrn.ctor or local jurisdiction. These fees will be based on a time and materials basis along with any ReimburSable Expenses inculTal · CIieIri agrees to. pay for out-of-pocket costs and other. expenses. referred to as Reimbursable EXpenses incurred by EHM Encineen, Inc.. in performing the scope of work, including but not limited to: supplies, materials, copying and reproduction of drawing!> andlor calculation costs, tnlvel time, mileage, meals IlDd lodging while away from our office. long distance communications. mailing and/or overnight shipping costs and the costs of any consultants or any other persons who are not a part of EHM EngineenJ Inc. to cany out the services to be performed. The Oiellt shaD reimbW'se' such costs,. together with an additional ten-percent (I~.Io) of the amount of aU sPCh Reimbursable Expenses, to EHM Engilf2eTS. Ill{;. · ClklJt is responsible for providing EHM Enghreos, Ine, with electronic copies of the following base components: site plan base, floor plan bases, exterior elevations, building sections. roof pl!UlS and specifications. · C1it!lll is responsible for providing EHM Enguuers. ltIC. with a hardcopy of the Geotechnical Report covering the design parameters II.Od recommendations for the soillsite location. The design fees noted are assuming conventional shallow spread footing design. Climt. is responsible for providing EHM ElIghtel!n, Inc. with one hard copy of the issued construction documents and specifications for our records. Client is also responsible for C()[)rdioating all crucial dates wilD. EHM EIfg;MerS, me. such as DD and CD percent completion dates, submittal date to Owner! Agency for their review and the Out to Bid date. 2404 BaJlk Drive, Suite 100 . Boise;ldaho 83 705 . (208) 386-9170 ' FAX (208)3 86-9076 621 North College Rd., Suite 100 - Twin Falls. Idaho 83301 . (208) 734-4888 . FAX(208)734-6049 Oct 14 2004 4:22PM EHl-' Engineers, Inc. (208/'..385-9076 . ___ ---P.' 4 Page 4 Hourly rates for services perfonned beyond described scope of work, that are agreed upon by Client: Principal ProfessionaJ . Structural Engineer Professional Civil Engineer Engineer in Training CAD Draftsman AdrninistrationfSecret:ary $1[)O.OOIHR $95.00 /HR $90.00 IHR $60.00 IHR $50.00 IHR $25.00 IHR / Services covered by this Author~at/on shall he peifonned in accordance with TERMS AND CONDillONS. PROJECT: Meridian WWTP Engine Generator Project Meridian, Idaho APPROVED for: CLIENT By: Title: Date: - ("'//i6~ 2404 Bank Drive, Suite 100 . Boise, Idaho 83705 . (208) 386-9170 . FAX (208) 3&6-9076 621 North College Rd., Suite 100 . Twin Falls, Idaho 83301 . (208) 734-4888 . FAX (208) 734-6049 Oct 14 2004 4:22PM E~~ En~ineers, Inc. (2OfV 386-9076 ( p.5 Page 5 EHM ENGINEERSf INC. TERMS AND CONDITIONS TO AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES l. AUTHORIZA nON TO PROCEED Signing this form shall be construed as authorization by CLIENT fur EHM ENGINEERS, INC., to proceed with the work, unless otherwise provided fur in the authorization, 2. OUTSIDE SERVlCES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional 15% shall be added to !he cost of these services-for EfIh.1ENGINEERS, INC.llfimiftistJative cost5, 3, COST ESTIMATES Any cost estimates provided by EHM ENGINEERS, IN"C., will be on 1I. basis of ex.perience andjudgmeot, but since it has no control over market conditions or bidding procedures, EHM ENGINEERS, INC. cannot warrant that bids or ultimate construction costs will not vary from 1bese cost estimates. 4. PROFESSrONAL STANDARDS EHM ENGINEERS, INC., shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENT'S community, fur the professional and technical soundness, accuracy and adequacy of all designs, drawings, specifications, and other work and materials furnished under this authorization. EHM ENGINEERS, INC., makes no other warramy, express or implied, . .~// 5. tJMITA TION OF PROFESSIONAL LIABILITY EHM ENGINEERS, INC" liability for damages due to professional negligence will be limited to a sum not to exceed $ 50,000.00 or the fee, whichever is greater, CLIENT further agrees to notify any Con1ra.ctor and Subcontractor who may perform work in connection with any design, report or study prepared by EHM ENGINEERS, INC., Gf such limitation of Profussiooal Liability for design, defects, errors, omissions or professional negligence, and to require, as a condition precedent of ~ir perfunning thoir work a like indomnity and limitation of liability on their part as against EHM ENGINEERS, INC. 6. TERMINATION Eilher CLIENT or EAM ENGINEERS, INe., may terminate this Authorization by giving thirty (30) dayE: written notice to the other party. In such event CLlENT shall forthwith pay EHM ENGINEERS, INC., in full for aU work performed prior to effective date of tennination. If no notice of termination is given, relJrtionsbips and obligations creaJed by !his Authorization shall be tenninaled upon completion of all o applicable requirements oftbis A,uthOrization. 7, LEGAL EXPENSES In the event of any controversy, resulting in litigation, the party adjudged 1:0 be in default by 8 Court of coi.npetent jurisdiction shall pay to the aggrieved party all court costs, including a reasonable attorney's k . By signing this llgreement, the parties hereto agree that the State af Idaho shall have jurisdiction over all parties lilld the subject matter of this agreement. fu connection therewith, it ig further agreed that all controversies shall be determined under the laws offue State of Idaho. 8. PAYMENT TO EHM:ENGINEERS. INC. MonihIy invoices will be issued by EHM ENGINEERS, INC., for all work performed or mat:eriaIs furnished under the tenns of this agreement All amounts for which invoices are mailed shall be due and payable by the NET 30 DAYS after the billing date of said, invoice. Iftbe amount of said invoice, ar any part thereof, is not paid \\'ithin said period, then and in that event, the amount not paid shall bear interest from the: date ofbilling at the rate of 1.5% per month for an annual rate of 18%. 2404 BankDrive~Suite 100 . Boise, Idaho 83705 . (208) 3&6-9170 . FAX (208) 386-9076 621 North College Rd.. Suite 100 . Twin Falls, Idaho 83301 . (208) 734-48&8 ,FAX (208) 734-6049 October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 26, 2004 ITEM NO. 5~Q REQUEST Ratify Change Order No. 1 to No Fault Industries, Inc. for Adventure Island Playground AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of fua City of Meridian. NO FAULT INDUSTRIES, INC. 15556 Perkins Road Baton Rouge, Louisiana 70809 (225) 215-7760 Fax (225) 291-3821 To: Doug Strong City of Meridian 33 East Idaho Meridian ill 83642 W~.6~ri;by!ag;~'t6/~k~0~cWing~(~"\~~ifi~~l6wg,'( Repair vandalized area 1200 square feet @ 3 If total depth Includes removal of vandalized area Includes new material to match previous layout Includes freight and labor for area Number: 1 ~~~-898-5501 11::~r 19,2004 I ~~::~:;:;:d Playground I I;~ ~~It Job Number. 11~:8~~o;;_3 579 I I!.xlstmg Lontl"llct Number: II AlA Document AlOl-1997 Dated 09122/04 $6.957.00 ~!~'~~~.~~;~0 DATE AUTHORIZED SIGNATURE (No Fault Industries, Inc.) ACCEP1ED - The above prices and specifications of this change order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless otherwise stipulated Previous Contract Amount: $86,085.00 co to: Sales, Estimator, Administration I Job File, Production October 221 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 26, 2004 ITEM NO. 6 REQUEST Discussion of North Meridian Area Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT; CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emaifed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. October 22, 2004 MERIDIAN CITY COUNCIL MEETING Department Reports October 26,2004 APPLICANT Public Works Department -- Brad Watson ITEM NO. 6-A-l REQUEST Request to Connect to Boise City Sewer for Bradford and Camille Shaw 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~~ 1o"e( {Or~ vllflr {;r1t I ~ok \(}Q . 6t'6 yrW')O OIjJ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become properly of the City of Meridian. City of Meridian Public Works Dept. RECEIVED OCT 2 2 2004 City Of Meridian City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, Anna Canning, City Clerk Date: 10/21/04 Re: October 26,2004 City Council Meeting Agenda Item The Public Works Department requests that the item below be considered on October 26 City Council agenda, under Department Reports, for Council's consideration: Request bv Camille Shaw to allow a 46-acre Darcel located in the City of Meridian referral area to be sewered bv Boise City. Copies of correspondence from Camille Shaw and their consultant, Earl, Mason & Stanfield follow. Th87/tJ . Page 1 ~ r>. tJ 1RJ~ C]8I\I]EI~ Mayor City of Meridian C/o City Clerk, City Hall 33 East Idaho Ave, Meridian, ill 83642 "Tl...{" T,,:" (;" 1[;;11'"\ TT? -r-y\. "JJ\....I..!.S:. , ,.l ~ l'J >-L k~ - -l.....~.. i;: 1) 7 '!'n'~~ . t f.~ ~ ~ :!' c';'\ ~ . . 'i: ",I OCT 0 S 2[104 I~.'L-iY(JHS {}P.FICE C~~1"Y OF .;..1.B22:nri~..z~ Dear Mayor de Weerd: f~~:ER5DlfiJ~ cn1 Eb~(fH~(2~EF~. Weare the owners of approximately 46 acres of undeveloped dry grazing land located adjacent to the Boise City Area of Impact in Meridian's special Development Referral Area, Until two years ago, we ran a cow/calf operation on this ground and had once hoped to leave it to our children for their future use. This intention has been thwarted by recent action of the Ada County Assessor. The Assessor has taken the position that because of explosive adjacent development, our property can no longer qualify for an agricultural tax exemption and is now too small for economical agricultural use. Despite our formal protest, the assessor could not be swayed. Our property taxes suddenly have skyrocketed and we can no longer afford to own the property. Weare left with no choice but to sell this asset as soon as possible on the most advantageous terms for the good of the family. How advantageous the terms may be depends entirely on the density at which the property can be developed. The density depends upon the availability of sewer. 1. Without sewer, the only viable option for development is one house per ten acres. As a matter of growth management policy, development at that density does not seem to represent an intelligent transition of densities. Already the property is bracketed by two subdivisions of much higher density. Three Oaks (Umpqua) subdivision, 119 homes on 43 acres (3 duJa), lies immediately to the east. The Vantage Pointe 'non- farm' subdivision, 19 homes on 80 acres (1 du /4 acres) lies to the west. Plans are afoot to develop other 3-4 dwelling units per acre subdivisions to the southeast. 2. The City of Meridian's sewer line is approximately 2.5 miles from the property, Meridian's current Comprehensive Plan does not show the sewer being extended all the way to the property, It may not be practical to extend Meridian's sewer to the property. The property is located at the farthest upper end of the system from the treatment plant. Intervening properties do not need sewer: one is a golf course and the other is the previously mentioned 19-unit subdivision employing individual septic systems. If one ignores the practical impediments and assumes the sewer will one day be extended to our property, Meridian's public works director has implied that the capacity of Meridian's waste treatment system may be over-extended before it can serve our area of development. 3, Boise's sewer, in contrast, already connects directly to the property. As mandated by subdivision development requirements, public streets with curb, gutter and sidewalk run through the adjacent Three Oaks subdivision and provide access to adjacent properties, including ours, Within this right-of-way, sewer (as well as water) has been stubbed to our property line. By reason of topography, the property is capable of being served by the Boise City sewer system without requiring a lift station or other extraordinary capital outlays. Unfortunately for us, Boise has indicated it will not so much as discuss sewer service for this property without Meridian's prior consent. For the reasons stated above, we believe that the Boise City is the logical entity to provide sewer service to our property. To illustrate this argument, we are prepared to present in the appropriate forum engineering studies done by Earl Mason and Stanfield. Our purpose is to request that the City of Meridian issue a letter to the City of Boise and to Ada County, indicating that the City of Meridian has no objection to our property being served by Boise City sewer. Moreover, we will request that the letter indicate that, if necessary to allow our property to be served by the Boise City sewer, the City of Meridian has no objection to our property being added to the Boise City Area ofImpact. We do not at this time wish to be removed from Meridian's Development Referral Area in the event that Boise, for one reason or another, should decline to allow our property to be served by its sewer. Should that happen, we have no choice but to hope that Meridian will be able to overcome all obstacles and back up its claim on our property. Sincerely, '1h . C C(/~' ShauJ M. Camille Shaw Attachments: Letter from Earl Mason and Stanfield Site Drawing by Earl Mason and Stanfield EARL, MASON AND STANFIELD, INC. PROFESSIONAL ENGINEERS, LAND SURVEYORS & PUNNERS 314BADIOLASTREET CALDWELL, IDAHO 83605 TELEPHONE: (208) 454-0256 FAX: (208) 454-0979 Email: sstanfield@emands.net September 29, 2004 :Mr. Brad Watson, P.E. City of Meridian 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Re: Bradford Shaw Parcel, Ada County Parcel No. S 1404427800 Sanitary Sewer Dear Mr. Watson, :Mr. Shaw has retained our firm to review the sanitary sewer for his parcel. Said parcel is located within the City of Meridian's Referral area west of S. Cloverdale Road, east of Eagle Road, south of Lake Hazel Road and north of Columbia Road. It is also adjacent to the easterly boundary of Vantage Point Subdivision and adjacent to the westerly boundary of Umpqua Subdivision. Umpqua Subdivision is within Boise's Area of Impact. J\1r, Shaw respectfully requests the City of Meridian pennit his parcel to connect to an existing, adjacent City of Boise sewer lIfain, We understand this will be a touchy subject with the Council but we believe the request-is supported by several facts. Please realize this is the first step in the process. If supported by Council, we will submit a request for the connection to the City of Boise. Please refer to the enclosed sketch while reviewing our request. First, the subject parcel is located at the upstream end of the Referral Area. This should mitigate the impacts to other parcels. Mr. Shaw's parcel would not "block" other parcels from obtaining City of Meridian sewer services. Second, the subject parcel and adjacent parcels are situated on the ridge above the Ten Mile Creek. Said area can physically drain to the east (to existing Boise systems) or to the west (future City of Meridian systems). Next, a City of Boise 8-inch gravity sewer pipe exists along the parcel's east boundary. A direct connection to this existing pipe could be easily made (assuming the City of Boise would support the connection). The Referral Area south of Lake Hazel is unique, Boise Ranch Golf Course (and it's Medalist Subdivisions) is situated due north of and adjacent to the Shaw Parcel, south of and adjacent to Lake Hazel Road, west of and adjacent to S. Cloverdale Road, and east of and adjacent to the V2 section line. We believe this area was included in Meridian's Referral Area; however, it is connected to Boise systems. The Shaw Parcel is also "blocked" by the existing Vantage Point Subdivision. Vantage Point does not appear to have provisions for future public sewer. Also, EARL & ASSOCIATES, INc. SURVEYORS, ENGINEERS & PLANNERS Page 2 Parcel S1404244200 (north of Vantage Point) includes a recently constructed, very large home site. We question if the owner would permit sewer within his/her parcel. In contrast, the Referral Area north of Lake Hazel Road does not appear to be "blocked" by development. Additionally, we do not believe said area can be served (via gravity) by Boise. It' s our understanding that Rock Hampton Subdivision is at the "end" of Boise's service area and future growth cannot gravity into Boise's systems. We recognize this is a lot of information, therefore, if you have any questions please contact us. Sincerely, ,R ,.A;:At-A4-- R. Scott Stanfield, P.E. Earl, Mason and Stanfield, lne, EARL, MASON AND STANFIELD, INC. PROFESSIONAL ENGINEERS, LAND SURVEYORS & PUNNERS 314 BADIOLA STREET CALDWELL, IDAHO 83605 TELEPHONE: (208) 454-0256 FAX: (208) 454-0979 Email: sstanfield@emands.net P Ii~ (\ r~'(j f;~1' 7~~ ~~>- .- ~. .L_-< '-. ,i .," J r "\ t. l ~ t ,iCe 'i' -. .~ ,,,. ~ . -,-<, r ;; September 29,2004 r~t~T 1 1 iT~;t{~ ~,l.J" ~ ' ! ~+-rV { 1v.1r. Brad Watson, P.E. City of Meridian 660 E, Watertower Lane, Suite 200 Meridian, Idaho 83642 ~-lJlf""~~?"'~~.t- ~ \ ~;,rr-~f ~""C!cr'l if- ~;or~""''''''':' ~6~l:~'i;W~~lF~~\i Vi 11 I:P:~~;-;;;rD::CR. Re: Bradford Shaw Parcel, Ada County Parcel No, S1404427800 Sanitary Sewer Dear Mr. Watson, Mr. Shaw has retained our fIrm to review the sanitary sewer for his parcel. Said parcel is located within the City of Meridian's Referral area west of S, Cloverdale Road, east of Eagle Road, south of Lake Hazel Road and north of Columbia Road. It is also adjacent to the easterly boundary of Vantage Point Subdivision and adjacent to the westerly boundary of Umpqua Subdivision. Umpqua Subdivision is within Boise's Area of Impact. Mr. Shaw respectfully requests the City of Meridian permit his parcel to connect to an existing, adjacent City of Boise sewer main. We understand this will be a touchy subject with the Council but we believe the request is supported by several facts. Please realize this is the first step in the process. If supported by Council, we will submit a request for the connection to the City of Boise. Please refer to the enclosed sketch while reviewing our request. First, the subject parcel is located at the upstream end of the Referral Area, This should mitigate the impacts to other parcels. Mr, Shaw's parcel would not "block" other parcels from obtaining City of Meridian sewer services, Second, the subject parcel and adjacent parcels are situated on the ridge above the Ten 1vIile Creek. Said area can physically drain to the east (to existing Boise systems) or to the west (future City of Meridian systems). Next, a City of Boise 8-inch gravity sewer pipe exists along the parcel's east boundary. A direct connection to this existing pipe could be easily made (assuming the City of Boise would support the connection). The Referral Area south of Lake Hazel is unique. Boise Ranch Golf Course (and it's Medalist Subdivisions) is situated due north of and adjacent to the Shaw Parcel, south of and adjacent to Lake Hazel Road, west of and adjacent to S, Cloverdale Road, and east of and adjacent to the Vz section line. We believe this area was included in Meridian's Referral Area; however, it is connected to Boise systems, The Shaw Parcel is also "blocked" by the existing Vantage Point Subdivision. Vantage Point does not appear to have provisions for future public sewer. Also, EARL & ASSOCIATES, INC. SURVEYORS, ENGINEERS & PLANNERS Page 2 Parcel 51404244200 (north of Vantage Point) includes a recently constructed, very large home site. We question if the owner would permit sewer within his/her parcel. In contrast, the Referral Area north of Lake Hazel Road does not appear to be "blocked" by development. Additionally, we do not believe said area can be served (via gravity) by Boise, It's our understanding that Rock Hampton Subdivision is at the "end" of Boise's service area and future growth cannot gravity into Boise's systems. We recognize this is a lot of information, therefore, if you have any questions please contact us, Sincerely, (<. .AdIt-:A~ R. Scott Stanfield, P.E. Earl, Mason and Stanfield, Inc. eEL 2 CITY OF MERIDIAN L rr:. October 26, 2004 Mayor City of Meridian C/o City Clerk, City Hall 33 East Idaho Ave. Meridian, ill 83642 Dear Mayor de Weerd: Approximately three weeks ago, we submitted a letter to your office through the office of the City Clerk. We were expecting to have a hearing on the matters contained in that letter. I have called the City Clerk twice to see when and if a hearing was to be scheduled and have received no response, The purpose of this letter is to tell you that the subject property is now under contract with the developer, Rocco D' Orazio.At is Mr. D'Orazio's wish that henceforth he or his agents will pursue with the City of Meridian a decision regarding the status of property, using, among other things. the information contained in our letter and that of our engineer, Scott Stanfield of Earl Mason and Stanfield. Sincerely, ~ I . \l~o~\ ~ 4937 North Hollow Lane Boise, Idaho 83702 (208) 362-9516 Attachments: Original letter from Bradford P. and M. Camille Shaw (undated) Original letter from Earl Mason and Stanfield (September 29,2004) Copy of Site Drawing by Earl Mason and Stanfield Mayor City of Meridian C/o City Clerk, City Hall 33 East Idaho Ave. Meridian, ill 83642 Dear Mayor de Weerd: Weare the owners of approxima tely 46 acres of undeveloped dry grazing land located adjacent to the Boise City Area ofImpact in Meridian's special Development Referral Area. Until two years ago, we ran a cow/calf operation on this grO\.llld and had once hoped to leave it to our children for their future use. This intention has bep,n thwarted by recent action of the Ada County Assessor. The Assessor has taken the posidon that because of explosive adjacent development, our property can no longer qualify [.)1' an agricultural tax exemption and is now too small for economical agricultural use. Despite our fonnal protest, the assessor could not be swayed, Our property taxes suddenly have skyrocketed and we can no longer afford to own the property. We are left with no choice but to sell this asset as soon as possible on the most advantageous terms for the good ofthe family. How advantageous the tenns may be depends entirely on the density at whieh the property can be developed, The density depends upon the avaih:.bility of sewer. 1. Without sewer, the only viable option for development is one house per ten acres. As a matter of growth management policy, development at that density does not seem to represent an intelligent transition of densities, Already the property is bracketed by two subdivisions of much higher density. Three Oaks (Umpqua) subdivision, 119 homes on 43 acres (3 du/a)! lies immediately to the east. The Vantage Pointe 'non~ fann' subdivision, 19 home:s on 80 acres (1 du /4 acres) lies to the west. Plans are afoot to develop other 3-4 dwelling units per acre subdivisions to the southeast. 2. The City of Meridian's sewer line is approximately 2.5 miles from the property. Meridian's current Comprehensive Plan does not show the sewer being extended all the way to the property, It may not be practical to extend Meridian's sewer to the property. The property is located at the farthest upper end ofthe system from the treatment plant. Intervening properties do not need sewer: one is a golf course and the other is the previously mentioned 19-unit subdivision employing individual septic systems, If one ignores the practical impediments and assumes the sewer will one day be extended to our property, Meridian'5 public works director has implied that the capacity of Meridian's waste treatment system may be over-extended before it can serve our area of development. 3. Boise's sewer, in contrast, already connects direct.lv to the propertv. As mandated by subdivision development requirements, public streets with curb, gutter and sidewalk run through the adjacent Three Oaks subdivision and provide access to adjacent properties, including ours. Within this right-of-way, sewer (as well as water) has been stubbed to our propelty line. By reason of topography, the property is capable of behg served by the Boise City sewer system \vithout requiring a lift station or other extraordinary capital outlays. Unfortunately for us, Boise has indicated it will not so much as discuss sewer service for this property without Meridian's prior consent. For the reasons stated above, we believe that the Boise City is the logical entity to provide sewer serviee to our property. To illustrate this argument, we are prepared to present in the appropriate forum engineering studies done by Earl Mason and Stanfield. Our purpose is to request that the City of Meridian issue a letter to the City of Boise and to Ada County, indicating that the City of Meridian has no objection to our property being served by Boise City seW€;:r. Moreover, we will request that h'1e letter indicate that, if necessary to allow our properly to be served by the Boise City sewer. the City of Meridian has no objection to OUl' property being added to the Boise City Area of Impact. We do not at this time wish to be removed from Meridian's Development Referral Area in the event that Boise, for one reason Of another, should decline to allow our property to be served by its sewer. Should ':hat happen, we have no choice but to hope that Meridian will be able to overcome all obstacles and back up its claim on our property. Sincerely, ~l, 17l. C !1/J?~ g'cuJ M. Camille Shaw Attachments: Letter from Earl Mason and Stanfield Site Drawing by Earl Mason and Stanfield EARL. MASON AND STA:~FIELD, INC. PROFESSIONAL ENGINEERS, LAND SPRVEYORS & PLANNERS 314 BADIOLA STREET CALDWELL, IDAHO 83605 TELEPHONE: (208) 454-0256 FAX: (208) 454-0979 EmaH: sstanfield @emands.net September 29, 2004 Mr. Brad Watson, P,E. City of Meridian 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 Re: Bradford Shaw Parcel, Ada County Parcel No. 81404427800 Sanitary Sewer Dear Mr. Watson, :Mr. Shaw has retained our firm to review the sanitary sewer ror his parceL Said parcel is located within the City of Meridian's Referral area west of S. Cloverdale Road, east of Eagle Road, south of Lake Hazel Road and north of Columbia Road. It is also adjacent to the easterly boundary of Vantage Point Subdivision and adjacent to the westerly boundary of Umpqua Subdivision, Umpqua Subdivision is within Boise s Area of ImpacL Mr. Shaw respectfully requests the City of Meridian pennit his parcel to connect to an existing, adjacent City of Boise sewer main, We understand this will be a touchy subject with the Council but we believe the request is supported by several facts, Please realize this is the first step in the process. If supported by Council, we will submit a request for the connection to the City of Boise. Please refer to the enclosed sketch while reviewing our request. First, the subject parcel is located at the upstream end of the Referral Area. This should mitigate the impacts to other parcels. Mr. Shaw's parcel would not "block" other parcels from obtaining City of Meridian sewer services. Second, the subject parcel and adjacent parcels are situated on the ridge above the Ten :Mile Creek. Said area can physically drain to the east (to existing Boise systems) or to the west (future City of Meridian systems). Next, a City of Boise 8-inch gravity sewer pipe exists along the parcel's east boundary, A direct connection to this existing pipe could be easily made (assuming the City of Boise would support the connection). The Referral Area south of Lake Hazel is unique. Boise Ranch Golf Course (and it's Medalist Subdivisions) is situated due north of and adjacent to the Shaw Parcel, south of and adjacent to Lake Hazel Road, west of and adjacent to S. Cloverdale Road, and east of and adjacent to the Yz section line. We believe this area was included in Meridian's Referral Area~ however, it is connected to Boise systems. The Shaw Parcel is also "blocked" by the existing Vantage Point Subdivision. Vantage Point does not appear to have provisions for future public sewer. Also, ~ /~ L EARL & ASSOCIATES, INC. SURVEYORS, ENGINEERS & PLANNER S Page 2 Parcel 81404244200 (north of Vantage Point) includes a recently constructed, very large home site, We question if the owner would permit sewer within his/her parce1. In contrast, the Referral Area north of Lake Hazel Road does not appear to be "blocked" by development. Additionally, we do not believe said area can be served (via gravity) by Baise. It's our understanding that Rock Hampton Subdi vision is at the c'end" of Boise's service area and future growth cannot gravity into Boise's systems. We recognize this is a lot of informa:.ion, therefore, if you have any questions please contact us. Sincerely. P.. ,/;;7Ir'A~ R. Scott Stanfield, P .E. Earl, Mason and Stanfield, Inc. ( October 22, 2004 MERIDIAN CITY COUNCIL MEETING Department Reports October 26, 2004 APPLICANT Public Works Department -- Brad Watson ITEM NO. 6~A~2 REQUEST Wastewater Treatment Plant Expansion 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. TASK ORDER NO.1 CITY OF MERIDIAN (OWNER) AND CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (ENGINEER) This Task Order is issued by the OWNER and accepted by the ENGINEERpursuant to the mutual promises, covenants and conditions in the Agreem~nt between the above named parties dated the day of I 2004, in connection with: Wastewater Treatment Plant Expansion 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 engineering services for design of a plant expansion for the OWNER's wastewater treatment plant. . ENGINEER'S SERVICES The City of Meridian (City), Idaho, has prepared a Wastewater Treatment Plant Facility Plan Update (Facility Plan), which describes improvements needed to accommodate City growth. The Facility Plan identifies severa! process areas in the wastewater treatment plant (WWTP) that require increas'ed treatment capacity and treatment redundancy. The project will increase the plant's maximum month flow capacity from approximately 5.0 mgd to approximately 9,1 mgd. The major project elements to be included in the design are listed below. Exhibit A provides a more detailed summary of the process improvements as recommended in the Facility Plan, together with the probable costs of constru ction. A. Primary Treatment Facilities, 1. Influent Flow Measurement - Flow meter in separate structure upstream of the primary clarifiers. 2. Primary Flow Splitting - Valved flow splitting, between new clarifier and existing circular clarifier, 3. Primary Clarifier - New BO-foot diameter circular clarifier, to match existing primary clarifier. 4. Primary Sludge Pump Station - New 5-HP sludge/scum pump and vault. B. Aeration Basin Facilities. 1. Aeration Basin Influent Pump Station - New 24 mgd lift station for influent flows, plus 60% RAS return flow. 2. Existing Aeration Basin Modifications - Conduct structural analyses to determine if the existing basins can remain in service for the projected 20- year service period. If the existing basins are structurally intact, modifications will include an extension of basin size to 175'x34', with addition of internal baffles for zones to achieve biological nutrient removal, -1- with addition of mixers, diffused aeration, and mixed liquor recycle. If the structural assessment of the existing basins finds structural deficiencies, . specific structural rehabilitation will be identified under a separate scope. 3, Aeration Basin NO.3 - New 175'x34' aeration basin with internal baffles for zones to achieve biological nutrient removal, mixers, diffused aeration, and mixed liquor recycle. 4. Blower and Aeration Improvements - The existing corroded aeration header will be replaced with a larger distribution system, including control valves. The existing aeration blowers will be utilized with improvements for automated monitoring and control of the blower operations, and automated process control, including air flow and dissolved oxygen. 5. Aeration Basin Drain Pump Station - New 1000 gpm drainage pump with piping, valves and controls to permit drainage of any of the three aeration basins. C.. Secondary Clarifier and Return Sludge Pumping 1. Secondary Clarifier NO.5 - New 1 DO-foot diameter secondary clarifier, to match existing circular Secondary Clarifier NO.4. 2. RASIW AS Pump Station Modifications - Replacement of two existing RAS pumps with a single larger RAS pump, with ability to return activated sludge to various influent zones in the aeration basins for biological nutrient removal. , 3. Modify the existing WAS pump suction piping. D. Anaerobic Digester and Building. 1, Modifications to Existing Anaerobic Digestion System - Tie-ins to existing gas and hot water recirculation systems and modifications to existing sludge transfer piping systems. This scope does not include modifications to the structures or equipment on the existing 35-foot diameter (thermophilic) O-igesters No, 1 and 2. 2. Anaerobic Digester No.4 - New 60-foot diam~ter anaerobic digester tank external pump mixing, floating steel gas-holding cover, digester gas piping and accessories. This scope does not include modifications to the structure or equipment on the existing 60-foot diameter (mesophilic) Digester No 3. 3. Anaerobic Digester Mechanical Building - New building with pumping, mixing, heating, and gas handling systems to accommodate' new 60-foot diameter Digester No.4. 4. Digester Gas Conditioning - Modify existing digester gas piping to include condensation and moisture control to improve digester gas as a fuel, in a combined system connected with the new gas piping. 5. ,Digester Heating and Boiler Capacity - Evaluate existing boilers in terms of heat capacity and reliability to supply process heating requirements for the new 60-foot diameter Digester No.4, This scope assumes that a new boiler will be added to match the expansion for Digester No.4. This scope does not include modification to the existing boilers. The existing hot water piping system will be expandecj into a common heating system to include Digester No.4. " -2- E. Biosolids Drying Facility. 1. Modifications to Existing Biosolids Dewatering Facility - Installation of a new dewatered biosolids conveyor to transfer dewatered solids from the existing Dewatering Building to the new Biosolids Drier, including equipment monitoring and automated controls. . 2. Biosolids Drying System - New biosolids drying system, capable of drying 10,000 dry Ib/day of biosolids to 85% solids, including all controls and accessories for a complete system, constructed inside a new drier building, 3, Biosolids Storage/Truck Loading Facility - Storage silo and truck loading facility for temporary storage and load-out of dried biosolids, F. Sitework/Yard Piping/Support Facilities. 1. Site Grading/Drainage - To support new facilities. 2. Site Paving - To support new facilities, 3. Fencing/Site Security - New fence around new clarifiers and digester. 4. Yard Piping - To support new facilities. G. Electrical. 1. Main Electrical Substation/Transformer 2. MCOs/Lighting panels in new buildings. 3. Power. & Oontrol/Wiring/Oonduits 4, Interior/Exterior Lighting 5, Ductbank System Modifications/Additions 6. Electrical schematics for power distribution and control 7. Instrumentation schematics for equipment and/or process monitoring and control. H, Instrumentation, 1. Process and Instrumentation Drawings (P&IDs) for all new and modified process areas, including control strategies. This scope does not include production of P&IDs for the existing treatment processes or equipment. 2. Modifications to existing remote SCADA system to incorporate new and modified processes. This scope does not include SCADA programming or supply of control software. 3, Field instrumentation to support new and modified process areas. 4. Local and remote control systems to support new and modified process areas. TASK 1 - PROJECT MANAGEMENT ENGINEER will provide the following project management services for the duration of the project: 1.1 M Work Plan. Establish a project work plan including budget and schedule based upon this Task Order No.1. 1.2 - Management. Manage the efforts of the project team members and subconsultants, a_ssign manpower, delegate responsibilities, review work progress, and communicate with the City. -3- 1.3 - Project Meetings. Attend project meetings with the City, subconsultants, and others as necessary, Arrange and attend up to one public and one City Council ~orkshop. Prepare agenda and meeting materials. Prepare and distribute meeting minutes. Our proposed schedule includes the following meetings with City staff: · Biosolids Drier Procurement Package workshop (1 day) · 30 percent complete design review workshop (1 day) · Fin~lncial plan review and discussion (assumed up to 2 meetings) · 50 percent complete design review workshop (2 days, assuming 1 day for liquid stream improvements and 1 day for biosolids) · 90 percent complete design review workshop (2 days, assuming 1 day for liquid stream improvements an~ 1 day for biosolids) · Attendance at the pre-bid walk through. · Attend Bid Opening/Bid Evaluation. TASK 2 - DESIGN This task includes the preparation of design documents (drawings and specifications) for bidding and construction. Design submittals are based on preparation of 30 percent, 50 percent, and 90 percent complete drawings and specifications, followed by the final bid documents. The design also includes work performed by subconsultants necessary to complete the project design. The following subconsultants are required to aid in the design of this project: DC Engineering Brown Environmental Vision Engineering ( To be determined) Land Solutions Electrical Engineering Consultant Operations Perspective Review Sludge Drier Consultant Geotechnical Consultant Surveying Other specialty subconsultants may be added where required, upon written notice to the City. . 2.1 - Sludge Drier Procurement Package. The sludge dryer procurement package will be developed to bid and select the drier equipment early in the design phase. The procurement package will be used to evaluate and select the preferred sludge drier based on cost, safety, and operation and maintenance requirements. The sludge drying building and process will then be designed around the selected sludge drying equipment, and the actual equipment prpcurement will be assigned to the general contractor. 2.2 - Thirty (30) Percent Plans and Specification Submittal. The 30 percent submittal shall include the site plan, preliminary yard piping plan, process schematics, and the process and instrumentation diagrams (P&IDs), with control descriptions. The outline for the specifications for major mechanical equipment, draft construction sequencing plans, and all other plans and specifications completed to da,te will be submitted for review and . comment. . This scope of services is based on an estimate of 38 sheets of P&IDs with control descriptions, to be developed for the new and modified process improvements. 2.3 - Fifty (50) Percent Plans and Specification Submittal. The 50 percent submittal -4- shall include schematics, and process and instrumentation diagrams (P&JDs) with control descriptions. Drawings will be prepared to show plan views and equipment arrangements for all major unit processes and building expansions. Draft project manual with construction sequencing plans and technical specifications for major mechanical equipment, and all other plans and specifications completed to date will be submitted for review and comment. The design-level cost estimate will be submitted, updating the cost estimates from the Facility Plan. 2.4 - Ninety (90) Percent Plans ,and Specification Submittal. The 90 percent submittal shall include a draft version of the entire project manual, including bid documents, general requirements, technical specifications, and the project drawings; as completed for internal checking by Carollo. The 90 percent submittal shall include final control descriptions and construction sequencing plans. The final construction cost estimate will be submitted, to reflect any changes in the project scope and budget identified from subsequent review workshops. Three sets of 90 percent plans and specifications will also be submitted to State DEQ for review. This scope of services is based on an estimated total drawing package containing 280 sheets for the new and modified process improvements. 2.5 ~ Engineer's Estimate of Construction Cost. ENGINEER will prepare an opinion of the estimated probable construction cost at the 50 and 90 percent complete design stages, and following the final submittal of the plans and specifications. TASK 3 - OPERATIONS SUPPORT SERVICES This task includes the participation of Brown Environmental [nc., as operations support consultation services to provide comments during the preparation of design documents. Brown Environmental personnel will participate .in review of the design submittals; including the 30 percent, 50 percent, and 90 percent complete. TASK 4 - FINANCIAL PLANNING This task includes-the participation of Scott Harder of the Environmental Financial Group Inc., (EFG), to undertake the following tasks for financial analysis. 4.1 - Review Background Information. Review background information provided by the Owner, which shall include audited financial statements, capital improvement plans, capital and operating budgets, project cost information, and information regarding low- interest loans available- to the City. 4.2 - Prepare Cash Flow Forecasts. Prepare pro forma cash flow forecasts in a computer software (EXCEL) spread sheet format, including: 1. Cash financing 2. Low-interest loan financing 3. Baseline conditions without the project 4.3 - Additional Analyses. Conduct additional analyses of cost, risk, flexibility, timing, and debt service factors affecting financial decisions. 4.4 - Financial Review Meeting. Conduct a financial review meeting with the OWNER -5- to discuss financial options, review cash flow projections, and other measures to determine the most appropriate financing option, and to address questions and concerns about various financial strategies. Conclusions, recommendations, and a description of the cash flow forecasts will be provided in a letter report. TASK 5 - BID PERIOD ASSISTANCE The ENGINEER will deliver one complete, original set of bidding documents to the OWNER. OWNER shall print and distribute plans and specifications to potential bidders, ENGINEER will respond to questions that arise during bidding. 5.1 - Attend Pre-Bid Conference. The ENG IN EER shall attend and conduct the project pre-bid conference and site tour as the City's design representative and present a project overview. 5.2 - Addenda Preparation. Responses to bidder inquires shall be provided, and as appropriate, addendum shall be prepared and delivered to OWNER. OWNER shall distribute addenda to plan holders.. 5.3 - Bid Opening/Bid Evaluation. ENGINEER will attend bid opening, and atthe City's discretion, shall tabulate and review all bids received; check references of bidders, and prepare a bid evaluation/recommendation. 5.4 - Conformed Drawings and Specifications. ENGINEER shall conform drawings and specifications to include all changes made by addenda during bidding. Conformed drawings and specifications will be prepared within 21 days after Notice-to-Proceed with construction. Engineer shall provide one conformed full-size set of drawings, one conformed half-size set of drawings, and one conformed set of specifications to the OWNER, for copying. SCHEDULE ~ The conceptual overall project schedule is presented in Exhibit B, and includes preliminary estimated timing for final design, bidding, and start of construction activities. PROJECT DELlVERABLES The following deliverables will be prepared as part of the project: A. Project Work Plan and Schedule (5 copies to City). B. Sludge Drier Procurement Package (10 copies to City and mfrs). C. 30 Percent Design Submittal (5 copies to the City). D. Financial analysis letter report (5 copies to the City). D. 50 Perr;;ent Design Submittal (5 copies to the City). E. 90 Percent Design Submittal (5 copies to the City, 3 copies to the state -6- (. DEQ). E. Final Design Submittal (1 original to the City). F. Cost Estimate at 50 Percent, 90 Percent, and Final Design. G. Addenda (1 original to the City). H. Meeting Minutes (to all meeting attendees). l. Bid tabulation, analysis, and recommendation. SERVICES TO BE PROVIDED BYTHE OWNER OWNER will provide the following services to support ENGINEER in completion of the above tasks: 0.1 - Review and Comment. Provide timely review of ENGINEER's deliverables, to incorporate City comments and information into final design, during the workshops described above in Task 1.3. 0.2. - Facility Dqcumentation. Provide necessary information from previous projects and from plant operating data for ENGINEER to complete all above tasks. OWNER will also secure all necessary permits and approvals for construction of the project from state and local agencies. 0.3 - Bid Document Distribution. OWNER will print final design bid documents and addenda (based on originals provided by ENGINEER) and distribute to interested bidders, during the bid period. TIME OF COMPLETION The target project milestones for completion are: Estimated Notice to Proceed Thirty Percent Contract Documents Fifty Percent Contract Documents Ninety Percent Contract Documents Complete Contract Documents Estimated Bid Opening November 15, 2004 February 15, 2005 May 5, 2005 July 15, 2003 September 15, 2005 OCtober 25, 2005 The ENGINEER will perform its services in a manner that will permit the OWNER to meet this schedule unless delayed due to a cause beyond the ENGINEER's control at which time the EN~!NEER's compensation may be subject to an increase. COMPENSATION OWNER shall pay ENGINEER on an hourly baSIS in accordance with the attached engineering cost estimate and fee schedule (Exhibits C andD). 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 -7- identified in this Task order shall not exceed the amount of one million, three hundred twenty four thousand dollars' ($1,324,000), 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 pa"yments in response to ENGINEER's statement. EFFECTIVE DATE This Task Order No.-L is effective as of the day of 2004. ,J IN WITNESS WHEREOF, duly authorized representatives of the ENGINEER and of the OWNER have executed this Task Order No, 1 evidencing its issuance by OWNER and acceptance by ENGINEER. CAROLLO ENGINEERS, A Professional Corporation OWNER By: By: Partner Public Works By: By: Mayor Partner By: ,City Clerk Approved by Council: -8- AGREEMENT FOR PROFESSIONAL SERVICES Project No. This AGREEMENT made and entered into this day of , 2004 by and between The City of Meridian (hereinafter "OWNER"), and Carollo Engineers, A Professional Corporation, (hereinafter "ENGINEER"). WITNESSETH: WHEREAS, the OWNER and the ENGINEER wish to enter into an Agreement (hereinafter "Agreement") for the furnishing of Engineering Services in connection with WASTEWATER TREATMENT PLANT EXPA~SION PROJECT (hereinafter "Project"), and WHEREAS, ENGINEER is qualified and prepared to perform the necessary professional services in connection with the Project. NOW THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, it is agreed as follows: SECTION 1 - PROFESSIONAL SERVICES 1.1 ENGINEER shall provide professional engineering services in all phases of the Project to which this Agreement applies, The services furnished by the ENGINEER will be defined by Task Orders which will set forth the Engineer's Services, Time of Performance, and Payment. 1.2 It is intended that each Task Order, after execution by both parties shall become a supplement to and a part of this Agreement. SECTION 2 - PAYMENT TO ENGINEER 2,1 As consideration for providing the services referred to in Section 1, the OWNER shall pay ENGINEER on the basis to be established in the Task Order for Services. ~ 2.2 The ENGINEER is not responsible for damage or delay in performance caused by events beyond the control of ENGINEER In the event ENGINEER's services are suspended, delayed or interrupted for the. convenience of the OWNER or delays occur beyond the control of ENGINEER, an equitable adjustment in ENGINEER's time of performance and cost of ENGINEER's personnel and subcontractors shall be made. 2.3 OWNER reserves the right to direct revision of ENGINEER's services as may be necessary, When ENGINEER is directed to make revisions under this section of the agreement, ENGINEER shall advise OWNER of the p"robable costs involved in completing engineering services and the time of performance for such completion. 2.4 In the event OWNER and ENGINEER cannot agree on equitable . compensation for services rendered in 'making revisions, then; at OWNER's option, ENGINEER shall either continue performance under the C:'Documents and Settings\dolsbyc'local SetlingsH emporary Intemet Files\OlK2E\A.gr.doc Page 1 of 5 revised Agreement and an equitable adjustment in ENGINEER's time of performance and cost of ENGINEER's personnel shall be made at completion of the revised work or ENGINEER shall not be obligated to continue performance under this Agreement. 2.5 If revisions of the final plans and specifications are required by reasons of ENGINEER's error or omission, > then, in that event, OWNER's exclusive remedy for such errors and omissions will be limited to revisions made by ENGINEER without additional compensation, 2.6 The ENGINEER shall bill the OWNER monthly indicating the services performed and the cost of such services,. OWNER agrees to pay invoices Within 45 days of their date. Payments not received by ENGINEER within 45 days shall be considered delinquent and subject to a finance charge of 1 percent per month for each month unpaid after the date of invoice. ENGINEER may suspend services should an invoice remain delinquent for 75 days from date of invoice. 2.7 All notices shall be made in writing and may be given by personal delivery or by mail. Notices sent by mail shall b>e addressed to the designated responsible person or office: TO OWNER: Mr. Brad Watson, P.E. City Engineer City of Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, ID 83642' TO ENGINEER: Mr. Tim Tekippe, P,E. Project Manager Carollo Engineers, P,C. 12592 W. Explorer Drive, Suite 200 Boise, ID 83713 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices and invoices shall be deemed given at the time of actual delivery. All payments are to be mailed to: Carollo Engineers, P.C. P.O. Box 53511 Phoenix, AZ 85072-3511 unless otherwise informed on the face of the invoice. SECTION 3 - MISCELLANEOUS 3.1 The OWNER shall furnish the ENGINEER available studies, reports and other data pertinent to ENGINEER's services; obtain or authorize ENGINEER to obtain or provide additional reports and data as required; furnish to ENGINEER services of others required for the performance of ENGINEER'sseryices hereunder, and ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER's services under this Agreement. 3.2 The OWNER shall arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services hereunder. 3.3 Documents, including drawings and specifications, prepared by . ENGINEER pursuant to this Agreement are not intended or C:\Documents and Settings\dolsbyc\Local Settings\T emporary Internet Files\OLK2E\Agr,doc . Page 2 of 5 represented to be suitable for reuse by OWNER or others for this Project or on any other project. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure . to ENGINEER; and OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees arising out of or resulting therefrom. 3.4 The ENGINEER maintains, at'its own expense, Worker's Compensation and Employers Liability, Comprehensive General Liability, Automobile Liability and Professional Liability policies with limits at or above that which is reasonably required of other engineering firms and will, upon request, furnish insurance certificates to OWNER. SECTION 4 - LEGAL RELATIONS 4.1 The ENGINEER shall be responsible for professional negligence which is the exercise of skill and ability as ordinarily required of engineers under the same or similar circumstances. The ENGINEER shall not be . responsible for warranties, guarantees, fitness for a particular purpose or breach of fiduciary duty and shall only indemnify for failure to perform in accordance with the generally accepted engineering and consulting standards, 4.2 ENGINEER agrees to indemnify and hold harmless, at its expense, OWNER and its directors, officers and employees from and against claims, loss, liability and damages to which they or any of them may be put or subjected to arising out of or resulting from the performance of this Agreement, which claim, damage, loss or expense is caused by the negligent acts, errors or omissions of ENGINEER in the performance of its services; provided, however, that ENGINEER's liability under this subparagraph shall not result from or be attributable to: a. The negligence, conduct or lawful responsibility of the OWNER, its directors, officers, employees, contractors or subcontractors and all workmen and persons employed by them or otherwise under their control, or b. Improvements to the project (betterment) which are the lawful respol}sibility of OWNER, whether or not engineering related. . 4,3 Hazardous materials or asbestos may exist at a site where there is no reason to believe they could or should be present. The ENGINEER and OWNER agree that the discovery of unanticipated hazardous materials or asbestos constitutes a changed condition mandating a renegotiation of ENGINEER's services, 4.4 The ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over Contractor's methods of determining prices, or other competitive bidding or market conditions, practices or bidding strategies, Cost estimates are based on, ENGINEER's opinion based on experience and judgment. ENGINEER cannot and does not guarantee that proposals, bids or actual Project construction costs will not vary from cost estimates prepared by ENGINEER. 4.5 If the project involves construction of any kind, the parties agree that OWNER and ENGINEER shall be C:\Documents and Settings\dolsbyc\Local Setlings\Temporary Internet Files\OLK2E\A.gr.doc Page 3 of 5 indemnified to the fullest extent permitted by law for all claims, damages, losses and expense including attorney's fees arising out of or resulting from Contractor's performance of work including injury to any worker on the job site except for the sole negligence of OWNER or ENGINEER. Both OWNER and ENGINEER shall be named as additional primary insured(s) by Contractor's General Liability and Builders All Risk insurance policies without offset and all Construction Documents and insurance certificates shall include wording acceptable to the parties herein with reference to such provisions. 4.6 ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by contractors or the safety precautions and. programs incident to the work of contractors and will not be responsible for Contractor's failure to carry out work in accordance with the Contract Documents, 4.7 The services to be performed by ENGINEER are intended solely for the benefit of the OWNER. No person or entity not a signatory to this Agreement shall be entitled to rely on the ENGINEER's performance of its services hereunder, and no right to . . assert a claim against the ENGINEER by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the ENGINEER's services hereunder. 4.8 The ENGINEER's instruments of service hereunder are the printed hard copy drawings and specifications issued for the Project, whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the OWNER, the ENGINEER may furnish to the OWNER both printed hard copies and electronic media, In the event of a conflict in their content, the printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the OWNER shall hold ENGINEER harmless from liability arising out of changes or modifications to ENGINEER's data in electronic media form in the OWNER's possession or released to others by the OWNER. SECTION 5 - TERMINATION OF AGREEMENT 5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party; providing that no ~uch termination may be effected unless the other party is given (1) not less . than fifteen (15) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terl'Jlinating party prior to termination. 5,2 If this Agreement is terminated in whole or in part by the OWNER for reasons of default by the ENGINEER a negotiated adjustment in the price provided for in this Agreement shall be made, however, no amount shall be allowed for anticipated profit or unperformed services. If termination for default is effected by the ENGINEER, the negotiated adjustment shall include a reasonable profit. The equitable adjustment for any te~mination shall provide payment , to the ENGINEER for services rendered and expenses incurred prior C:\Documents and Setlings\dolsbyc\Local SeHings\T emporary Internet Files\OLK2E\Agr.doc Page 4 of 5 to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to obligations and commitments as a result of entering into this Agreement. SECTION 6 - DISPUTE RESOLUTION 6.1 All claims, disputes, and other matters in controversy between OWNER and ENGINEER arising out of or in any way related to this Agreement will be submitted to Alternative Dispute Resolution (ADR) before, and as a condition precedent to other remedies provided by law. The method for resolving disputes will be agreed to between the parties and each party shall use its best efforts to reach a resolution, SECTION 7 ~ ENTIRE AGREEMENT 7,1 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 integrated herein and 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 OWNER and ENGINEER. SECTION 8 - GOVERNING LAW 8.1 This Agreement is to be governed by and construed in accordance with the laws of the State of Idaho 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 Professional Corporation By: Partner By: Partner OWNER By: Public Works By: Mayor By: City Clerk Approved by Council: C:\Documents and Settings\dolsbyc\Loc:a1 Settings\Temporary Internet Files\OLK2E\Agr.doc Page 5 of 5 ( City of Meridian - WWTP Expansion Project .EXHIBIT A - SUMMARY OF RECOMMENDED IMPROVEMENTS 1.0 INTRODUCTION The Meridian Wastewater Treatment Plant (WWTP) was placed into service in 1979 with an initial treatment capacity of approximately 2.8 million gallons per day (mgd). Since then, numerous upgrades have been made to increase the average daily treatment capacity to approximately 5.5 mgd. The WWTP provides tertiary-level treatment for combined domestic, commercial, and industrial wastewater from the City of Meridian, which currently has a population of approximately 40,000. Due to rapid urban expansion, the City of Meridian has prepared a WWTP Facility Plan Update, which describes improvements required to accommodate growth, The Facility Plan identifies several process areas in the WWTP that require increased treatment capacity and redundancy, The expansion project will increase the plant's maximum month treatment capacity from approximately 5.5 mgd to 9,1 mgd. A brief summary of the major project elements to be included in the plant expansion project is provided herein. 1.1 Plant Design Criteria Summary The current and projected future (2023) flows for the WWTP are summarized in Table 1, Table 1 Projected Flow Summary WWTP Expansion Project City of Meridian Current(1) 2023(2) Operational Data Proiections Avg Day Flow (mgd) 3.5 7.0 Avg Max Month Flow (mgd) 4,0 9.1 Avg Max Week Flow (mgd) 4,2 9.7 Peak Hour Flow (mgd) 7.0 15.8 Notes: (1) Reflects 2002 plant operational data. (2) More recent population projections provided by the City indicate the 2023 projected values may occur as early as the year 201 O. 2.0 PRIMARY TREATMENT The WWTP currently has three circular primary clarifiers (two ~O-ft diameter and one ~O- foot diameter) available for primary treatment, with associated sludge arid scum pumps. The current peak hour process capacity with all three primary clarifiers in service is 22.7 1 mgd, and the average day capacity is 7.6 mgd. With the largest primary clarifier out of service, the firm peak hour and average day flow capacities are 7.6 mgd and 2,6 mgd, respectively, Therefore, the firm process capacity must be expanded to meet the current average day flow of 3.5 mgd and projected peak hour flow of 15.8 mgd, Recommended expansion of the primary treatment process includes construction of a fourth primary clarifier, to meet current and future firm capacity requirements. The recommended expansion includes an 80-foot diameter circular clarifier, which will provide an average day flow capacity of 5,0 mgd and a peak hour flow capacity of 15.1 mgd. In addition to the fourth primary clarifier, modifications are required to ensure accurate flow measurement, flow splitting between the existing clarifiers and the new clarifier, and a scum/sludge pump station will be provided for the fourth clarifier. The fourth clarifier addition will increase the primary treatment firm process capacity to meet current and projected future flow requirements at a cost of approximately $1 ,700,000, 3.0 SECONDARY TREATMENT Secondary treatment at the WWTP consists of two aeration basins (each 34-feet by 144 feet) and four secondary clarifiers (two 24-feet by 96-feet rectangular clarifiers, one 80-foot diameter circular clarifier, and one 1 OO-foot diameter circular clarifier). Each aeration basin has an approximate treatment capacity of 3,2mgd. Based on the current average day flow of 3.5 mgd, it is not recommended to take one aeration basin out- of-service for any length of time. The four existing secondary clarifiers have adequate capacity to treat future flow conditions. However, based on age and reliability, th~ City has requested to decommission S~condary Clarifiers Nos. 1 and 2 and construct a fifth, 100- foot diameter secondary clarifier. When developing expansion alternatives for the secondary treatment process, both potential future nutrient removal and flow capacity requirements must be considered. The secondary treatment expansion includes addition of a third aeration basin and a second 100-foot diameter secondary clarifier. Due to potential future phosphorus removal requirements, the new and existing aeration basins will include provisions to achieve biological phosphorus removal. To achieve biological phosphorus removal, th.? two existing aeration basins must be expanded. Additional upgrades to replace aging, unreliable equipment include a new aeration basin influent pump station, replacement of corroded air distribution piping, qddition of an aeration basin drain pump station, replacement of the two original activated sludge pumps, and piping modifications to the waste activated sludge pump station. The expansion will accommodate future biological nutrient removal and will allow maintenance of'the basins during low flow periods. The estimated probable cost of the aeration basin upgrades, new aeration basin, new secondary clarifier, and accessories is approximately $4,940,000. 2 4.0 BIOSOLlDS TREATMENT AND REUSE The existing biosolids stabilization facilities include two dissolved air flotation thickeners (DAFTs), two thermophilic anaerobic digesters, and a single mesophilic anaerobic digester. A centrifuge and six sludge-drying beds are available for biosolids'dewatering. After digestion, sludge is dewatered by the centrifuge and land-applied to local agricultural fields, The existing biosolids treatment process has adequate capacity to treat current solids loading; however, redundancy is limited, To continue land"applying biosolids, the biosolids must meet the Environmental Protection Agency (EPA) Class B biosolids treatment requirements, which include a 15-day detention time at temperatures between 35 to 50 degrees Celsius for pathogen reduction. Under current solids loading conditions, if the existing mesophilic digester must be taken out of service for any length of time, the plant would not meet the 15-day detention time requirement and could not land-apply the biosolids. Therefore, expansion of the digestion process is currently required for redundancy purposes, and additional capacity is needed to treat future biosolids loadings. Due to decreasing area available for land application of Class B biosolids, the City requested installing a biosolids treatment process, which reliably produces Class A biosoJids. Class A biosolids can be given away to the general public, or marketed and sold as a soil conditioner and fertilizer. Installing a sludge dryer was identified as the most cost -effective approach for reliably producing Class A biosolids. Based on the above needs, the biosolids treatment expansion includes installing a third thermophilic digester with associated mechanical building to house the boiler system, pumps, and mixing systems, and a sludge drier for post-digestion Class A biosolids . production, which will include a storage and truck loading facility. The approximate cost for expansion of the biosolids treatment system varies from approximately $4,600,000 to $5,700,000 depending on the type of biosolids dryer selected, The biosolids dryer will produce a dry, marketable, fertilizer end-product. Initially, the City will likely need to land-apply a portion of the dried biosolids as they currently do, but will also be able to apply the dried product to public land, such as City parks. However, through a well-planned public information program, it is antiqipated the City can give away and eventually sell the dried biosolids directly from the plant to the public and to wholesale nurseries and landscapers. In this case, the City will not have to transport the material, which will contribute to operational and maintenance cost optimization, 5.0 ADDITIONAL REQUIREMENTS The major components of the WWTP expansion project are discussed above. Minor project elements required to incorporate the new systems into the existing WWTP, and to support . " the new facilities include: 3 · Sitework, yard piping, fencing and site security, · Support systems including potable water, non-potable water, and natural gas. · Electrical power supply. · Instrumentation and controls, including supervisory control and data acquisition (SCADA) system upgrades, for centralized monitoring and control of the plant's processes. 6.0 PROJECT COST SUMMARY A summary of the estimated probable project construction costs is provided in Table 2. Table 2 Estimate of Probable Construction Costs WWTP Expansion Project City of Meridian Project Element Approximate Cost (1)(2) Primary Treatment - Fourth Primary Clarifier - Flow Metering and Primary Flow Splitting Secondary Treatment - Existing Aeration Basin Upgrades - Expand Existing Aeration Basins for BNR - Replace RAS Pumps - New Aeration Basin Influent Pump Station - Third Aeration Basin - Circular Secondary Clarifier Biosolids Treatment and Reuse . - Second Mesophilic Digester and Building - Sludge Dryer (Average Indirect Dryer Cost) - Sludge Dryer (Direct Dryer Cost) Estimated Construction Total(2) Construction Costs for Year 2007(3) $1,500,000 $200,000 $310,000 $490,000 $90,000 $760,000 $1,560,000 $1,730,000 $2,500,000 $2,100,000 $3,200,000 $11,240,000 to $12,340,000 $13,150,000 to $14,440,000 Notes: (1) Costs shown include a 10 to 20 percent electrical and instrumentation contingency and a 20 pen;:ent estimating contingency. 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" E .1'1 0 _f-o blI '.9 lll) tl -= g S gs ill ... f-c .E ggill ,~ - .~~ .~a:I " mJ3 ~ 0.., 0.., g ., 1;:; <Zl A GENERAL 1 G- 1 Cover Sheet 0.5 1.0 2.0 2.0 0.5 6.0 2 G- 2 Drawing Index 1.0 1.0 4,0 12.0 0.5 18.5 3 G- 3 Hydraulic Profile 2,0 12,0 32.0 8.0 0.5 54.5 4 G- 4 Plant Flow Schematic 2,0 4,0 24,0 8,0 0.5 38.5 5 G- 5 Design Criteria 1,0 4.0 24.0 8.0 0.5 37.5 6 G- 6 General Site Plan 0.5 2.0 8.0 8,0 0.5 19.0 7 G- 7 Abbreviations 0.5 0.5 0.5 2.0 0.5 4.0 8 G- 8 General Legend 0.5 1.0 1.0 4.0 0.5 7.0 9 G- 9 General Structural Notes 0.5 1.0 1.0 1.0 4.0 0,5 8.0 10 G- 10 General Mechanical Notes 0.5 1.0 1.0 4.0 0.5 7.0 11 G- 11 Electrical Legend 0.5 1.0 1.0 2.0 4.0 0.5 9.0 12 G- 12 Instrumentation Legend 0.5 1,0 1,0 3.0 4.0 0.5 10.0 13 T- 1 Typical Details 0,5 0,5 0.5 2,0 0.5 4.0 14 T- 2 Typical Details 0,5 0.5 0.5 2.0 0.5 4,0 15 T- 3 Typical Details 0.5 0.5 0.5 2.0 0.5 4.0 16 T- 4 Typical Details 0.5 0.5 0,5 2.0 0.5 4.0 17 T- 5 Typical Details 0.5 0,5 0,5 2.0 0.5 4.0 18 T- 6 Typical Details 0.5 0.5 0,5 2.0 0.5 4.0 19 T- 7 Typical Details 0.5 0.5 0.5 2.0 05 4.0 20 T- 8 Typical Details 0.5 0.5 0.5 2.0 0,5 4.0 21 T- 9 Typical Details 0.5 0.5 0.5 2,0 0,5 4.0 22 T- 10 Typical Details 0,5 0,5 0.5 2.0 0,5 4.0 23 T- 11 Typical Details 0,5 0.5 2,0 0,5 3.5 24 T- 12 Typical Details 0,5 0.5 2,0 0,5 3.5 25 T- 13 Typical Details 0,5 0.5 2,0 0.5 3,5 26 T- 14 Typical Details 0.5 0.5 2.0 0.5 3.5 27 T- 15 Typical Details 0.5 0.5 2.0 0.5 3.5 28 T- 16 Typical Details 0.5 0,5 2.0 0.5 3,5 29 T- 17 Typical Details 0.5 0.5 2.0 0.5 3.5 30 T- 18 Typical Details 0.5 0.5 2.0 0.5 3.5 31 T- 19 Typical Details 0.5 0.5 2.0 0.5 3.5 32 T- 20 Typical Details 0.5 0.5 2,0 0.5 3.5 33 T- 21 Typical Details 0.5 0.5 2.0 0.5 3.5 34 T- 22 Typical Details 0.5 0.5 2,0 0.5 3.5 35 T- 23 Typical Details 0,5 0.5 2,0 0,5 3.5 36 T- 24 Typical Details 0,5 0.5 2,0 0.5 3.5 37 T- 25 Typical Details 0.5 0.5 2,0 0.5 - 3.5 Exhibit C - Budget.xls 1 of 8 10/19/2004 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Sheet Drawing Description DEMOLITION 0- 1 Demolition - Headworks 0- 2 Demolition - Biological Tower 0- 3 Demolition - Aeration Basin Pump Station 0- 4 Demolition - Waste Gas Flare 0- 5 Demolition - Details 0- 6 Demolition - Details YARD c- 1 Yard Piping Plan - Index C- 2 Yard Piping Plan - Plant Site C- 3 Yard Piping Plan - Plant Site C- 4 Yard Piping Plan - Plant Site C- 5 Yard Piping Plan - Plant Site C- 6 Yard Piping Plan - Details C- 7 Yard Piping Plan - Details C- 8 Yard Piping Plan - Details C- 9 Yard Piping Plan - Details C- 10 Grading Plan - Plant Site C- 11 Grading Plan - Plant Site C- 12 Grading Plan - Plant Site C- 13 Grading Plan - Plant Site C- 14 Grading Plan - Details Subtotal General! Typical! Civil PRIMARY CLARIFIER NO, 4 Structural Drawings S- 1 Plan S- 2 Sections & Details S- 3 Plan & Sections Mechanical Drawings M- 1 Plan & Sections M- 2 Sections & Details M- 3 Sections & Details Subtotal Primary Clarifier No.4 AERATION BASIN PUMP STATION Structural Drawings S- 1 Plan S- 2 Sections & Details S- 3 Sections & Details Exhibit C - Budget.xls City of Meridian Preliminary Drawing List t; Ol)<> .. 0.. I': 0.. 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EXISTING AERATION BASIN MODIFICATIONS Structural Drawings 71 5- 1 Plan 1.0 2,0 2.0 24.0 24.0 2.0 55.0 72 S- 2 Sections & Details 1.0 2.0 2.0 24.0 24,0 2,0 55.0 73 $- 3 Sections & Details 1.0 2,0 2.0 24.0 24.0 2.0 55.0 74 S- 4 Sections & Details 1,0 2,0 2.0 24.0 24.0 2.0 55.0 Mechanical Drawings 75 M- 1 Plan & Sections 2.0 16.0 24.0 24,0 2,0 68.0 76 M- 2 Sections & Details 2.0 16.0 24,0 24,0 2,0 68.0 77 M- 3 Sections & Details 2.0 16,0 24.0 24,0 2,0 68.0 AERATION BASIN NO, 3 Structural Drawings 78 5- 1 Lower Bottom Plan 0.5 2.0 2.0 24.0 24.0 1.0 53.5 79 5- 2 Top Plan 0,5 2.0 2,0 24.0 24.0 2.0 54.5 80 5- 3 Sections 0.5 2.0 2.0 24.0 24.0 2.0 54.5 81 $- 4 Section & Details 0.5 2.0 2.0 24.0 24.0 2.0 54,5 82 S- 5 Section & Details 0.5 2.0 2.0 24,0 24.0 2.0 54.5 Mechanical Drawings 83 M- 1 Schematic 2.0 16.0 24,0 24.0 1.0 67.0 84 M- 2 Top Plan 2.0 16.0 24.0 24.0 2.0 68.0 85 M- 3 Sections 2.0 16.0 24.0 24.0 2.0 68.0 86 M- 4 Section & Details 2.0 16.0 24.0 24,0 2.0 68.0 87 M- 5 Section & Details 2,0 16.0 24,0 24.0 2,0 68.0 AERATION BASIN DRAIN PUMP STATION Structural/Mechanical Drawings 88 MS 1 Plan 1.0 16,0 24,0 24.0 24,0 2.0 91.0 89 MS 2 Sections & Details 1.0 8.0 24.0 24,0 24,0 2.0 83.0 Subtotal Pump Station, Aeration Basins. & Drain 35,5 224,0 344,0 336.0 0.0 608.0 .50.0 1597,5 SECONDARY CLARIFIER NO,S Structural Drawings 90 S- 1 Plan 1.0 2.0 2.0 24,0 24.0 2.0 55.0 91 S- 2 Sections & Details 1,0 2,0 2.0 24.0 24.0 2.0 55.0 92 S- 3 Plan & Sections 1,0 2,0 2,0 24,0 24.0 2.0 55.0 Mechanical Drawings 93 M- 1 Plan & Sections 2.0 16,0 24.0 24.0 2.0 68.0 94 M- 2 Sections & Details 2.0 8.0 24,0 24,0 2.0 60.0 95 M- 3 Sections & Details 2.0 8.0 24.0 24.0 2.0 60.0 Exhibit C - Budget.xls 30fa 1 0/19/2004 City of Meridian Preliminary Drawing List ... ~ ~ ~ ~g. <.> "t;l 5 OJ] <.> .S q:; ~ ~ 0 ... 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CZl 0 RASrwAS PUMP STATION Mechanical Drawings 96 M- 1 Plan & Sections 2.0 16,0 24.0 24.0 2.0 68.0 97 M- 2 Sections & Details 2.0 16,0 24.0 24.0 2.0 68.0 98 M- 3 Sections & Details 2,0 16.0 24.0 24.0 2.0 68,0 Subtotal Secondary clarifiers and RAS Pumping 15,0 86.0 150,0 72.0 0,0 216.0 18.0 557.0 ANAEROBIC DIGESTER AND BUILDING Arch itectural 99 A- i Roof Plan 0.5 1,0 1.0 4.0 12,0 0,5 19.0 100 A. 2 Building Elevations 0.5 1.0 1.0 4.0 12.0 0.5 19.0 101 A- 3 Building Elevations 0.5 1.0 1.0 4.0 12.0 0.5 19,0 101 A- 4 BUilding Details 0,5 1.0 1.0 4.0 12.0 0.5 19.0 102 A- 5 Building Details 0.5 1.0 1.0 4,0 12.0 0.5 19.0 Structural Drawings 103 S- 1 Foundation Plan - Digester 1.0 2,0 2.0 24.0 24,0 2,0 55.0 104 S- 2 Floor Plan - Digester 1.0 2,0 2.0 24.0 24,0 2.0 55.0 105 5- 3 Sections & Details - Digester 1.0 2,0 2.0 24.0 24,0 2.0 55.0 106 S- 4 Sections & Details - Digester 1.0 2.0 2.0 24.0 24.0 2.0 55.0 107 S. 5 Foundation Plan - Digester Building 1,0 2,0 2.0 24.0 24,0 2.0 55.0 108 5- 6 Floor Plan - Digester Building 1,0 2.0 2.0 24.0 24,0 2.0 55.0 109 S- 7 Roof Framing Plan - Digester Building 1,0 2.0 2.0 24.0 24,0 2.0 55.0 110 5- 8 Sections & Details - Digester Building 1.0 2.0 2.0 24.0 24.0 2.0 55.0 111 S- 9 Sections & Details - Digester Building 1.0 2.0 2.0 24,0 24.0 2.0 55.0 112 5- 10 Sections & Details - Digester BUilding 1.0 2.0 2.0 24,0 24.0 2.0 55.0 113 S- 11 Waste Gas Burner 0.5 1,0 2,0 12,0 12.0 1,0 28.5 Mechanical Drawings 114 M- 1 Liquid Stream Schematic 4,0 16,0 24.0 24,0 2.0 70.0 115 M- 2 Gas Stream Schematic 4,0 16.0 24.0 24.0 2.0 70.0 116 M- 3 Existing Boiler System Modifications 4.0 16.0 24.0 24.0 2,0 70.0 117 M- 4 Existing Gas System Modifications 4.0 16.0 24.0 24.0 2,0 70.0 118 M- 5 Plan - Digester 4.0 16.0 24.0 24.0 2.0 70.0 119 M- 6 Sections - Digester 4.0 16.0 24.0 24.0 2.0 70.0 120 M- 7 Sections & Details - Digester 4.0 16.0 24.0 24.0 2.0 70.0 121 M- 8 Sections & Details - Digester 4.0 16.0 24.0 24.0 2.0 70.0 122 M- 9 Plan - Digester Building 8.0 24,0 32.0 24.0 2,0 90.0 123 M- 10 Sections & Details - Digester Building 8.0 24,0 32.0 24.0 2,0 90.0 124 M- 11 Sections & Details - Digester Building 8.0 24,0 32.0 24,0 2,0 90.0 125 M- 12 Sections & Details - Digester BUilding 8,0 24,0 32.0 24,0 2,0 90,0 126 M- 13 Plumbing Plan 1,0 8.0 16.0 24,0 1.0 50.0 127 M- 14 Plumbing Sections & Details 1.0 8.0 16.0 24.0 1.0 50.0 128 M- 15 HVAC Plan 1.0 8.0 16.0 24.0 1.0 50.0 129 M- 16 HV AC Details 1.0 8.0 16,0 24.0 1.0 50,0 130 M- 17 Waste Gas Burner 1.0 16.0 24.0 24.0 1.0 66.0 Subtotal Anaerobic Digesters and Building 82,0 298.0 435.0 272,0 0.0 720.0 52.5 1859.5 Exhibit C - Budget.xls 4 of 8 10/19/2004 City o~ Meridian Preliminary Drawing List ... ~ .... t; '" g},~ '" "0 g 00 '" .5 ] '~~ ... := ,~ "" '" P- '" bD "" - ... e ;a;;;l '" ill ~ .s '" u '" ill~ .S := '" ., .. 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'" g S ., .~ a g E &l 5b ~ .~~ .".., IJ:i u <= Jt J: E rIl] '~ ji:; CIl CI SLUDGE DRYER Arch itectura I 131 A. 1 Roof Plan 0.5 1,0 1.0 4,0 12.0 1.0 19.5 132 A- 2 BUilding Elevations 0.5 1,0 1.0 4,0 12.0 0.5 19,0 133 A- 3 Building Details 0,5 1.0 1.0 4.0 12,0 0.5 19.0 Structural Drawings 134 S- 1 Foundation Plan 1.0 2.0 2,0 24.0 24.0 2.0 55,0 135 S- 2 Floor Plan 1,0 2.0 2.0 24,0 24.0 2.0 55.0 136 S- 3 Sections & Details 1.0 2.0 2.0 24.0 24.0 2.0 55.0 137 S- 4 Sections & Details 1.0 2.0 2.0 24.0 24.0 2.0 55,0 138 S- 5 Sections & Details 1.0 2,0 2.0 24.0 24.0 2.0 55.0 139 S- 6 Sections & Details 1.0 2,0 2.0 24.0 24.0 2.0 55.0 Mechanical Drawings 140 M- 1 Plan 8.0 24.0 32.0 24,0 2,0 90,0 141 M- 2 Top Plan 8.0 24.0 32,0 24.0 2.0 90.0 142 M- 3 Sections & Details 8.0 24.0 32,0 24.0 2.0 90.0 143 M- 4 Sections & Details 8.0 24,0 32.0 24.0 2.0 90.0 144 M- 5 Sections & Details 8.0 24,0 32.0 24.0 2.0 90.0 145 M- 6 Sections & Details 8.0 24,0 32.0 24,0 2.0 90.0 146 M- 7 HVAC 2.0 8.0 24.0 24.0 2.0 60.0 147 M- 8 HVAC 2.0 8.0 24.0 24.0 2,0 60.0 Subtotal Anaerobic Digesters and Building 59.5 175.0 255.0 156,0 0,0 372.0 30,0 1047,5 ELECTRICAL 148 E- 1 See Separate Estimate from DC Engineering 149 E- 2 See Separate Estimate from DC Engineering 150 E- 3 See Separate Estimate from DC Engineering 151 E- 4 See Separate Estimate from DC Engineering 152 E- 5 See Separate Estimate from DC Engineering 153 E- 6 See Separate Estimate from DC Engineering 154 E. 7 See Separate Estimate from DC Engineering 155 E- 5 See Separate Estimate from DC Engineering 156 E- 6 See Separate Estimate from DC Engineering 157 E- 7 See Separate Estimate from DC Engineering 158 E- 8 See Separate Estimate from DC Engineering 159 E- 9 See Separate Estimate from DC Engineering 160 E- 10 See Separate Estimate from DC Engineering 161 E- 11 See Separate Estimate from DC Engineering 162 E- 12 See Separate Estimate from DC Engineering 163 E- 13 See Separate Estimate from DC Engineering 164 E- 14 See Separate Estimate from DC Engineering 165 E- 15 See Separate Estimate from DC Engineering 166 E- 16 See Separate Estimate from DC Engineering 167 E- 17 See Separate Estimate from DC Engineering 168 E- 18 See Separate Estimate from DC Engineering 169 E- 19 See Separate Estimate from DC Engineering 170 E- 20 See Separate Estimate from DC Engineering 171 E- 21 See Separate Estimate from DC Engineering 172 E- 22 See Separate Estimate from DC Engineering Exhibit C - Budget.xls 5of8 10/19/2004 City of Meridian Preliminary Drawing List .... '" tl 0> .... 0> tl 0> 0> "" 8 co ~g; 0> ,S 4:: .S .~~ aJ co lil '.J:l 1-< t .><: ;i .- 0> s:: <ii-EE 2 '" Sheet Drawing Description :::E~ .S >I1 u 0> .s ..<: '"; >I1p:) ] ..... ....f-< OJ) 'J; S e.o U 0 2 S 0:::: = 2 E ~ = '" E-< 0> ,~ ~ .tf .~...... .~ ,CO <.> ~]: .s 8f-< E v ~ A.. 1'-0 Ci (f) 173 E- 23 See Separate Estimate from DC Engineering 174 E- 24 See Separate Estimate from DC Engineering 175 E- 25 See Separate Estimate from DC Engineering 176 E- 26 See Separate Estimate from DC Engineering 177 E- 27 See Separate Estimate from DC Engineering 178 E- 28 See Separate Estimate from DC Engineering 179 E- 29 See Separate Estimate from DC Engineering 180 E- 30 See Separate Estimate from DC Engineering 181 E- 31 See Separate Estimate from DC Engineering 182 E- 32 See Separate Estimate from DC Engineering 183 E- 33 See Separate Estimate from DC Engineering 184 E- 34 See Separate Estimate from DC Engineering 185 E- 35 See Separate Estimate from DC Engineering 186 E- 36 See Separate Estimate from DC Engineering 187 E- 37 See Separate Estimate from DC Engineering 188 E- 38 See Separate Estimate from DC Engineering 189 E- 39 See Separate Estimate from DC Engineering 190 E- 40 See Separate Estimate from DC Engineering 191 E- 41 See Separate Estimate from DC Engineering 192 E- 42 See Separate Estimate from DC Engineering 193 E- 43 See Separate Estimate from DC Engineering 194 E- 44 See Separate Estimate from DC Engineering 195 E- 45 See Separate Estimate from DC Engineering 196 E- 46 See Separate Estimate from DC Engineering 197 E- 47 See Separate Estimate from DC Engineering 198 E- 48 See Separate Estimate from DC Engineering 199 E- 49 See Separate Estimate from DC Engineering 200 E- 50 See Separate Estimate from DC Engineering 201 E- 51 See Separate Estimate from DC Engineering 202 E- 52 See Separate Estimate from DC Engineering 203 E- 53 See Separate Estimate from DC Engineering 204 E- 54 See Separate Estimate from DC Engineering 205 E- 55 See Separate Estimate from DC Engineering 206 E- 56 See Separate Estimate from DC Engineering 207 E- 57 - See Separate Estimate from DC Engineering 208 E- 58 See Separate Estimate from DC Engineering 209 E- 59 See Separate Estimate from DC Engineering 210 E- 60 See Separate Estimate from DC Engineering 211 E- 61 See Separate Estimate from DC Engineering 212 E- 62 See Separate Estimate from DC Engineering 213 E- 63 See Separate Estimate from DC Engineering 214 E- 64 See Separate Estimate from DC Engineering 215 E- 65 See Separate Estimate from DC Engineering 216 E- 66 See Separate Estimate from DC Engineering 217 E- 67 See Separate Estimate from DC Engineering 218 E- 68 See Separate Estimate from DC Engineering 219 E- 69 See Separate Estimate from DC Engineering 220 E- 70 See Separate Estimate from DC Engineering 221 E- 71 See Separate Estimate from DC Engineering 222 E- 72 See Separate Estimate from DC Engineering 223 E- 73 See Separate Estimate from DC Engineering 224 E- 74 See Separate Estimate from DC Engineering 225 E- 75 See Separate Estimate from DC Engineering 226 E- 76 See Separate Estimate from DC Engineering 227 E- 77 See Separate Estimate from DC Engineering 228 E- 78 See Separate Estimate from DC Engineering Exhibit C - Budget.xls 6 of 8 10/19/2004 City of Meridian Preliminary Drawing List Sheet Drawing Description t ., ;,05: ;J;Q ::;s ., ~E-< .[.5 8E-< "" .... ., ., .S jl on<=: Jl&l '0;:: ., ,- '5' l!l P:: il '" .-05 2 .~ a'~ ~ Jl ~.g~ oil u "13 ,S in e '.E on 11 g ii Jl ,~ E Iii] v on 0 See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering See Separate Estimate from DC Engineering .... " " <= '5'0 Jl 0.0 ~ u ~ o '" 0; ~ ~ .5 ~ 229 E. 79 230 E- 80 231 E- 81 232 E- 82 233 E- 83 234 E- 84 235 E. 85 236 E- 86 237 E- 87 238 E- 88 239 E- 89 240 E- 90 241 E- 91 242 E- 92 P&lD 243 N- 1 INFLUENT MEASUREMENT/PRIMARY SPLITTER 20,0 5.0 25.0 244 N- 2 PRIMARY CLARIFIER NO, 4 20.0 4.0 24.0 245 N- 3 PRIMARY SLUDGE PUMP 4 20.0 5.0 25.0 246 N- 4 AERATION BASIN INFLUENT PUMPS 4 AND 5 20.0 5.0 25.0 247 N- 5 AERATION BASIN INFLUENT PUMPS 6 AND 7 20.0 5,0 25,0 248 N- 6 AERATION BASIN NO.1 A 20.0 5,0 25.0 249 N- 7 AERATION BASIN NO.1 B 20.0 5,0 25.0 250 N- 8 AERATION BASIN NO, 2 A 20.0 5,0 25.0 251 N- 9 AERATION BASIN NO, 2 B 20,0 5.0 25.0 252 N- 10 AERATION BASIN NO. 3A 20,0 5.0 25.0 253 N. 11 AERATION BASIN NO. 3B 20,0 5.0 25.0 254 N- 12 AERATION BASIN DRAIN PUMP STATION 20,0 5.0 25.0 255 N- 13 BLOWER NO.1 (E) 20.0 5.0 25.0 255 N- 13 BLOWER NO.2 (E) 20.0 5,0 25.0 256 N- 14 BLOWER NO, 3 (E) 20.0 5,0 25.0 257 N- 15 AERATION HEADER 20.0 5,0 25.0 257 N- 15 SECONDARY SPLITTER 20,0 5.0 25,0 258 N- 16 SECONDARY CLARIFIER NO.5 20,0 5.0 25,0 259 N- 17 RAS PUMPS 1 AND 2 20,0 5,0 25.0 260 N- 18 RAS PUMP 3 20.0 5.0 25.0 261 N- 19 WAS PUMP STATION (E) 20,0 5.0 25,0 262 N- 20 DIGESTER BOILER SYSTEM 1 (E) 20.0 5.0 25.0 263 N- 21 DIGESTER BOILER SYSTEM 2 (E) 20.0 5.0 25,0 264 N- 22 DIGESTER BOILER SYSTEM 3 20.0 5.0 25.0 265 N- 23 ANEROBIC DIGESTER 1 - MIXING 20.0 6.0 26.0 266 N- 24 ANEROBIC DIGESTER 1 - HEATING 20.0 6,0 26,0 267 N- 25 ANEROBIC DIGESTER 2 - MIXING 20.0 6,0 26.0 268 N- 26 ANEROBIC DIGESTER 2 - HEATING 20.0 6.0 26.0 269 N- 27 ANEROBIC DIGESTER 3 - MIXING 20.0 6.0 26.0 270 N- 28 ANEROBIC DIGESTER 3 - HEATING 20.0 6.0 26.0 27.1 N- 29 ANEROBIC DIGESTER 4 - MIXING 20.0 6.0 26.0 272 N- 30 ANEROBIC DIGESTER 4 - HEATING 20.0 6.0 26.0 273 N- 31 DIGESTED SLUDGE PUMPS 1 AND 2 (E) 20.0 6,0 26.0 274 N- 32 DIGESTED SLUDGE PUMPS 3 20.0 6,0 26.0 275 N- 33 MESO SLUDGE PUMP AND MIXER 20.0 6,0 26,0 276 N- 34 HW RECIRC PUMP 20,0 6,0 26.0 277 N- 35 SLUDGE DEWATERING PUMP 1 AND 2 (E) 20,0 6.0 26.0 Exhibit C - Budget.xls 7 of 8 10/19/2004 City of Meridian Preliminary Drawing List ... ... ~ ~ ~& '" '" "0 8 Jj 011 '" .S ] '" 0. .~~ '"" 011 g'~ '"" '" @;.Q '" :::l <U !:: ~ ... '" '" ~ \:l Sheet Drawing Description ::s '" ~&l .S i'tl u '" .S ..<:i 0: - C _E-< 011 B '.5 S 011 U Q~ Jl '" \:l S '" ,~ \:lEJl 6h 0; [-< "e: E= '5' ,:Q u ~Jl .~ ,8 p." p:; E ~ U) 0 278 N- 36 SLUDGE DEWATERING PUMP 3 20.0 6,0 26,0 279 N- 37 SLUDGE DRYER 20.0 6.0 26,0 280 N- 38 SLUDGE DRYER 20.0 6.0 26.0 Subtotal P&IDs 800.0 215.0 1015,0 Totals 461.0 1826.0 3052,0 1988.0 810.0 5035.0 406.0 13578.0 Average Hours per Sheet 63.4 Exhibit C - Budget.xls 80f8 10/19/2004 EXHIBIT D CAROLLO ENGINEERS, PC FEE SCHEDULE As of March 1,2004 Boise, Idaho Engineers/Scientists (E/S) E/S I E/S II E/Sll E/S IV E/SV E/S VI E/S VII E/S VIII Partner Engineering Aides (EA) EAI EAII EAll EAIV EAV EA VI EA VII Engineering Technicians (ET) ETI ETII ETID ETIV ETV ETVI ETVll ETVllI Support Staff Office Aides Clerical Word Processors Project Equipment Communication Expens'e Travel and Subsistence Mileage Subconsultant- Other DirebtCosts Expert Witness This fee schedule is subject to annual revisions due to labor adjustments. C:\Documents and Settings\dolsbyc\Local Settings\Temporary Internel Files\OLK2ElExlnbit D _Fee Schedule,doc Hourlv Rate $84.00 96,00 117,00 131.00 137,00 158.00 172.00 187.00 189.00 45.00 64.00 80.00 112.00 NA 126.00 133.00 56.00 61.00 66.00 71.00 83,00 93.00 110.00 140.00 39.00 56.00 70.00 6,50 at cost .375/mile Cost + 10% Cost + 10% Rate x 2 1 October 22, 2004 MERIDIAN CITY COUNCIL MEETING Department Reports October 26, 2004 APPLICANT Public Works Department -- Brad Watson ITEM NO. 6-A-3 REQUEST storm Water Drainage Easement for Lochsa Falls Subdivision No.9 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. '~ ^ Ci of Meridian' PulJlic Work$ Dept. '~ RECEIVED OCT 1 9 2004 City Of Meridian City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E.;?~V CC: File, City Clerk, Doug Strong Date: 10/19/04 Re: October 26 City Council Meeting Agenda Item - Public Works Department Reports The Lochsa FaJJs No, 9 subdivision plat, which includes the future City of Meridian park site, was recently submitted to my office for signature. One of the outstanding items is the execution of an easement for location of storm water retention areas in or immediately adjacent to the City park site. Lochsa Falls, LLC has prepared a storm water easement that includes ACHD, the Lochsa Falls Homeowners Association and the City of Meridian. This easement is based upon the ones used for Ashford Greens Subdivision for the swales on the City's golf course property but with more explicit maintenance duties and responsibilities, A copy of that unexecuted agreement is attached. A copy of the drainage plan for this area is also included for your reference. Please note Special Note #6 on page 6 of the Operation & Maintenance Manual, which will be included as an exhibit to the drainage easement. It states: The Lochsa Falls Homeowners Association shall be responsible for light maintenance of the storm drainage ponds on the west side of Lochsa Falls No. 9, adjacent to the proposed Meridian City Park, until such time as the park site is improved and both Meridian City and the Lochsa Falls Homeowners Association agree that light maintenance duties shall be transferred to the City of Meridian. My review of the Council meeting minutes at which Lochsa Falls NO.9 final plat was approved indicate that the City wanted to keep the option of the Parks Department assuming maintenance for the drainage areas. This easement appears to provide that future option by stating that both the City and the HOA must agree to transfer light maintenance duties, . Page 1 If Council and Counsel agree that this agreement adequately protects the City's interest and provides for future flexibility, I recommend the storm water drainage easement be approved and the Mayor and City Clerk authorized to sign/attest, respectively. Thank you for your consideration. . Page 2 STORM WATER DRAINAGE EASEMENT (Lochsa Falls Subdivision No.9) This Storm Water Drainage Easement (the "Easement") is made this _ day of , 2004, by and among the City of Meridian, a municipal corporation (hereinafter "Grantor"), Lochsa Falls, LLC., an Idaho limited liability company (hereinafter "Developer"), and Ada County Highway District, a body corporate and politic of the State ofIdaho (hereinafter "ACHD"). WITNESSETH For good and valuable consideration, it is agreed as follows: Section 1: Recitals. 1,1 Grantor O\V11S certain real property located in Ada County, Idaho, that includes two parcels more particularly described and depicted on Exhibit A and Exhibit B attached hereto (the "Servient Estate Parcels"). 1.2 Developer is developing a subdivision in Ada County, mown as the Lochsa Falls Subdivision No.9, and the preliminary plat of such subdivision has been approved by ACHD, When the final plat is approved by ACHD and recorded by Developer, a public right-of-way for streets and related improvements, including drainage easements will be dedicated to ACHD, When the streets and related improvements are constructed by the Grantor in the right-of-way, and ACHD has accepted the same, they will become a part ofthe ACHD system of highways, 1.3 The portions of the storm water drainage system related to the platted streets to be dedicated to ACHD when the plat referred to in Section 1.2 is recorded will extend beyond the plat and on, over and across the Servient Estate Parcels and on the terms and conditions hereinafter set forth the Grantor desires to grant to ACHD, and ACHD desires to accept, an easement for storm water drainage on, over, under and across the Servient Estate Parcels, and for the repair, maintenance, reconstruction and enhancement thereof. Section 2: Grant of Easement; Exclusive Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, Grantor hereby grants to ACHD an easement and right-of-way for storm water drainage from the ACHD system of highways on, under, over and across the Servient Estate Parcels, and for the repair, maintenance, reconstruction and enhancement ofthe same (hereinafter "Authorized Use"), 2.2 The easements herein granted are exclusive to ACHD, and no structures, fences or other improvements are to be constructed, or landscaping planted (turf excepted), on the Servient Estate Parcels by ACHD, Grantor or Grantor's successors or assigns to the underlying title thereto without the prior written consent of both ACHD and Grantor. Such consent will not be given if, in its sole discretion, ACHD determines the proposed improvement and/or landscaping may interfere with ACHD's Authorized Use of the Servient Estate Parcels. When such consent Storm Water Drainage Easement - 1 C:\Documents and Settings\Traci\Local Settings\Temporary Internet Files\OLK12E\LochsaFallsNo9 101204,doc is given, if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate Parcels must be removed in order for ACHD to perform its obligations to repair and maintain the storm water drainage system, the costs of removal and replacement or restoration ofthe same shall be the obligation of the Grantor. Section 3: Construction. Acceptance, Repair and Maintenance, Developer Indemnification and Contractor Warranties. 3.1 At Developer's sole cost and expense, Developer shall construct and install the storm water drainage system on the Servient Estate Parcels in accordance with designs, plans and specifications approved by ACHD in advance, in writing. During construction, Developer shall give ACHD reasonable notice and opportunity to inspect the same, 3.2 When, by written notice given to Grantor and Developer, ACHD has accepted the storm water drainage system as constructed and installed by Developer, the homeowners association of the referenced subdivision will have some maintenance responsibilities to be performed at its sole cost and expense, and ACHD will have "heavy maintenance" and repair responsibilities of the system thereafter, at its sole cost and expense. The respective responsibilities shall be carried out in accordance with the terms and conditions of "Manual for Light Maintenance and Heavy Maintenance of Stormwater Facilities at Lochsa Falls Subdivision Nos. 1-12, a true and correct copy of which is attached hereto and marked Exhibit C, and by this reference incorporated herein. Notwithstanding the foregoing, upon the Grantor's development of its regional park in which the Servient Estate Parcels are located the Grantor shall take over from the homeowners' association the landscape maintenance responsibilities only, which responsibilities include primarily grass mowing, 3.3 Developer shall enforce for the benefit of ACHD any warranties contained in the contract for the construction and installation ofthe storm water drainage system. 3.4 Developer shall indemnify and save and hold harmless Grantor and ACHD, its Commissioners and employees, from and against all claims, actions or judgments for damage, injury or death caused by or arising out of the failure or neglect of Developer to properly constru.ct and install the storm water drainage system. Section 4: ACHD Indemnification. Following its acceptance of the storm water drainage system under Section 3.2, subject to the previsions of, and limits of liability set fort in, the Idaho Tort Claims Act, ACHD shall indemnify and hold harmless Grantor and Developer from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its failure or neglect to maintain and repair the storm water drainage system. Section 5: Term. The term of this Easement is perpetuaL Storm Water Drainage Easement - 2 C:\Documents and Scttings\Traci\Local Settings\Tcmporary Internet Files\OLK12E\LochsaFallsNo9 I01204,doc Section 6: Covenants Run with the Land. Throughout the term of this Easement, it shall be a burden upon the Servient Estate Parcels and shall be appurtenant to and for the benefit of the ACHD system of highways, and shall run with the land. Section 7: Attorneys' Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 8: Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated as if set forth in full herein. Section 9: Successors and Assie:ns. This Easement and the covenants and agreements made herein shall inure to the benefit of, and be binding upon, ACHD, Developer, and Grantor, and Grantor's successors and assigns to the Servient Estate Parcels, Section 10: Modification. This Easement may not be amended in whole or in part except by written instrument, duly executed and aclrnowledged by the parties hereto, and recorded. Section 11: Notices. All notices given to this Easement shall be in writing and shall be given by personal delivery, by United States Mail (Certified, Return Receipt Requested), or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below: Grantor: The City of Meridian City Hall 33 E. Idaho Ave, Meridian, Idaho 83642 Developer: Lochsa Falls, L.L.c. 4487 N, Dresden PI., Ste. 102 Boise, Idaho 83714 ACHD: Ada COllllty Highway Department 318 E. 37th St. Boise, Idaho 83714-6499 Storm Water Drainage Easement - 3 C:\Documents and Settings\Traci\Local Settings\Temporary Internet Files\OLK12E\LochsaFallsNo9 l01204.doc Section 12: Recordation. This Easement shall be recorded in the Real Property Records of Ada County, Idaho, IN WITNESS WHEREOF, the parties hereto have caused tills instrument to be executed as of the day and year first above vvntten, GRANTOR: CITY OF MERIDIAN By Tammy DeWeerd, Mayor Attest: By William G. Berg, Jr., City Clerk Approved by City Council on the _ day of ,2004, DEVELOPER: LOCHSA FALLS, L.L.C. By Marty Goldsmith, its Managing Member ACHD: ADA COUNTY HIGHWAY DISTRICT By William J, Schweitzer, Director Storm Water Drainage Easement - 4 C:\Documcnts and Settings\Traci\Local Settings\Temporary Internet Files\OLK12E\LochsaFallsNo9 101204.doc STATE OF IDAHO, ) : ss. County of Ada. ) On this _ day of ,2004, before me, a notary public in and for the state of Idaho, personally appeared Tammy DeWeerd, known or identified to me to the Mayor, and William G. Berg, Jr., mown or identified to me to be the City Clerk of the Corporation that executed this instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Notary Public for Idaho Residing at: My commission expires: , Idaho STATE OF IDAHO, ) : ss. Coun~ofAda, ) On this _ day of , 2004, before me, a notary public in and for the state of Idaho, personally appeared Marty Goldsmith, known or identified to me to the Managing Member of Lochsa Falls, L.L.c., the limited liability company that executed this instrument or the person who executed the instrument on behalf of said limited liability company, and acmowledged to me that such limited liability company executed the same. Notary Public for Idaho Residing at: My commission expires: , Idaho STATE OF IDAHO, ) : ss. County of Ada, ) On this _ day of ,2004, before me, a notary public in and for the state of Idaho, personally appeared , mown or identified to me to the Director of the Ada Coun~ Highway District, the person who executed the instrument on behalf of said District, and acknowledged to me that such District executed the same. Notary Public for Idaho Residing at: My commission expires: , Idaho Storm Water Drainage Easement - 5 C:\Documents and Scttings\Traci\Local Settings\Temporary Internet Filcs\OLK12E\LochsaFallsNo9 l01204.doc EXHIBIT <lA" DESCRIPTION FOR STORM DRAINAGE POND MAINTENANCE EASEMENTS PROPOSED LOCHSA FALLS SUBDIVISION NO.9 OCTOBER 14, 2004 STORM DRAINAGE POND ACCESS AND MAINTENANCE EASEMENTS, LYING IN PROPOSED LOCHSA FALLS SUBDIVISION NO.9, LOCATED IN THE NORTH 1/2 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTrCULARL Y DESCRIBED AS FOLLOWS:. . EASEMENT FOR STORM DRAINAGE POND #14: AN EASEMENT FOR STORM DRAINAGE POND ACCESS AND MAINTENANCE, BEING A PORTION OF LOT 4, BLOCK38, OF PROPOSED LOCHSA FALLS SUBDIVISION NO, 9, LOCATED IN THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW 1/4 OF SECTION 26, T. 4N., R. 1W., B.M., THENCE S 89008'53" E 1303.47 FEET ALONG THE SOUTHERLY LINE OF SAlD NW 1/4 TO THE BEGINNING POINT OF THIS DESCRIPTION; THENCE N 00029'24" E 134.98 FEET TO A POINT; THENCE S 89030'16" E 52.72 FEET A POINT; THENCE S 43040'09" W 12.73 FEET TO A POINT; THENCE S 00029'44" W 125.97 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID NW 1/4; THENCE N 89008'53" W 44.00 FEET ALONG SAID SOUTHERLY LINE TO THE BEGINNING POINT OF THIS EASEMENT DESCRIPTION. EASEMENT FOR STORM DRAINAGE POND #15: AN EASEMENT FOR STORM DRAINAGE POND ACCESS AND MAINTENANCE, BEING A PORTION OF LOT 4, BLOCK 38, OF PROPOSED LOCHSA FALLS SUBDIVISION NO.9, LOCATED IN THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, JDAHO~ MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW 1/4 OF SECTION 26, T. 4N., R. 1W., 8.M., THENCE N 00D21'10" E 903,39 FEET ALONG THE WESTERLY LINE OF SAID NORHT 1/2 THENCE S 90000'00" E 1260,27 FEET TO THE BEGINNING POINTOF THIS DESCRIPTION; THENCE S 89030'36" E 82.42 FEET TO A POINT; 40402-sdease. doc I J I I J ! i THErCE S 41043'27" E 62.62 FEET TO A POINT ON A CURVE; THEtNCE ALONG A ClJRVE TO THE LEFT88.46 FEET, SAID. CURVE HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 40032'47", TANGENTS OF 46.17 FEET, AND A CHORD WHId:;.H BEARS S 30026'25' W 86.62 FEET TO A POINT; E I '. THE~CE N 89030'16" 81.25 FEET TO A POINT; I THE~CE N 00029'44" E 121'.43 FEET TO THE BEGINNING POINT OF THIS EASEMENT DESlCRfPTION. . I i I i i I i i ! I ! i W A Y~E K. BARBER 40402~~dease,doc , . REVISION : SHEEr: 1 OF 1 EXHIBIT B 40402 SDEASE.DWG BY: ~ Ij o 7. )> III C. el o S I! o 7. "5 ~ e3 EXHIBIT "B" N 00'21' 10" E 2633.71' e3 r3 ~i:-": l" ..: - "" r:-..: -, - -1-:- TEi1M'LE RO;.,o- ~c ~ 'I 0 I I r , I z r L I 0 I --il ; , I r I I I L ~j , I>'" 01 r c. ,tj, '" !::ll I 7. I ~- "[ I \ : ~<1J I f 0 I Ii U ii f 12~ ~::!; I , i 80 i I ~ .... .. ~ ! ~ l~ .. ~ ill ~ E 9 . BRIGGS ENGINEERING. INC, (~) L.OO.TED IN LOT 4, Bl1lCK 38, PROPOSED LOCHS\ FAIlS SUB. NO.9, IN NW4 SECIION 26 T-4H R1W B.IA. ENGINEERS PlMNERS SURVEYORS 1800 W. 0VERlJJi0 R<Wl · BOlSE, IlWlO 63705 · (2011)3+\-9700 DWG DATE: 10/14/04 WKB DWG NO, 40402 SCALE: , 1-= 350' MANUAL FOR LIGHT MAINTENANCE AND HEAVY MAINTENANCE OF STORMW ATER FACILITIES AT Lochsa Falls Subdivisions No.1 - 12 MERIDIAN, IDAHO October 2004 BRIGGS ENGINEERING, INC. 1800 W. Overland Road Boise, Idaho 83705-3142 (208) 344-9700 ,. \ OPERATION AND MAINTENANCE MANUAL STORM DRAINAGE SYSTEM LOCHSA FALLS SUBDIVISION Contents . Maintenance Narrative . Copy of subdivision Plats (8 12 X 11) . Homeowner Association Documents . Plan View of Subdivision showing Storm Drain facilities (11 X 17) ( I, C:\Documents and Settings\ben.BRIGGS\Local Settings\Temporary Internet Files\OLKID\FinaIManual.101204.doc2 6/ 10/12/04 FinaIManual. 1 0 1204 .doc OPERATION AND MAINTENANCE MANUAL STORM DRAINAGE SYSTEM LOCHSA FALLS SUBDIVISION PURPOSE OF FACILITIES The purpose ofthis document is to detail what portions of the storm drain system are the responsibility of the Ada County Highway District (ACHD) and what portions are the responsibility of the Lochsa Falls Homeowners Association (LFHA) and to define maintenance. The storm drainage system for the above-mentioned subdivisions consists of catch basins, storm sewer manholes, storm drain pipe and retention ponds. These facilities can be seen on the following construction plans: Lochsa Falls Subdivision No. 1 - Briggs Engineering drawing number 20807 Lochsa Falls Subdivision No.2 - Briggs Engineering drawing number 20906 Lochsa Falls Subdivision No.3 - Briggs Engineering drawing number 21101 Lochsa Falls Subdivision No.4 - Briggs Engineering drawing number 21206 Lochsa Falls Subdivision No.5 - Briggs Engineering drawing number 21105 Lochsa Falls Subdivision No.6 - Briggs Engineering drawing number 30205 Lochsa Falls Subdivision No. 7 - Briggs Engineering drawing number 30202 Lochsa Falls Subdivision No.8 - Briggs Engineering drawing number 31204 Lochsa Falls Subdivision No.9 - Briggs Engineering drawing number 40402 Lochsa Falls Subdivision No. 10 - Briggs Engineering drawing number 31014 Lochsa Falls Subdivision No, 11 - Briggs Engineering drawing number 31105 Lochsa Falls Subdivision No. 12 - Briggs Engineering drawing number 40403 These plans are made a part of this manual bv reference. The portion of the storm drainage system that is outside of street right of way is shown on the above-mentioned plans. The facilities that are the partial responsibility of the LFHA are the retention ponds and the lots on which they are located. ESTIMATED COST OF MAINTENANCE Mowing, irrigating and fertilizing of turf areas will be performed by the LFHA. Maintenance such as trash pick-up, repair of eroded channels, inspection of structures and pipes will be the responsibility of the LFHA. The annual cost for these light maintenance activities is not expected to cost more than $12,000.00 per year C:\Docurnents and Settings\ben.BRlGGS'Local Settings\Temporary Internet Files\OLKlD\FinalManual.l 0 1204.doc3 6 / 10/12/04 FinalManual.l 0 1204,doc OPERATION AND MAINTENANCE MANUAL STORM DRAINAGE SYSTEM LOCHSA FALLS SUBDIVISION MAINTENANCE REQUIREMENTS It is a policy of the ACHD to operate and maintain all storm drainage facilities located in public rights of way. When any part of the stonn drainage system falls out of street right of way, the responsibility of operation and maintenance ofthe portion ofthe system lying outside ofthe right of way belongs to an organization other than ACHD. In the case of Lochsa Falls Subdivision, the organization other than ACHD is the Lochsa Falls Homeowners Association (LFHA) PIPE: It is the responsibility of the ACHD to maintain all stonn drainpipes. This includes keeping said pipe free of debris. If the storm drainage run off into the catch basins appear sluggish, or if stonn run off is not freely draining into catch basins, call the ACHD for maintenance of their facilities. RETENTION PONDS: The retention ponds are located in common lots. A copy of the plat designating and showing the drainage lots with the retention ponds are made a part oftrus manual by reference, The maintenance area of the retention ponds shall include the entire lot in which the ponds are located. C:\Documents and Settings\ben.BRlGGS\Local Settings\Temporary Internet Files\OLK1D\FinalManua1.l01204,doc4 6/10112/0l FinalManua1.1 01204 ,doc OPERATION AND MAINTENANCE MANUAL STORM DRAINAGE SYSTEM LOCHSA FALLS SUBDIVISION The following light maintenance items are the responsibility of the L;FHA for those facilities that are located outside the public right-of-way. For the various light maintenance items involved, periodic inspections are to be made of the ponds in addition to any work required in each ofthe categories below. These inspections shall be done a minimum of once every month. LAWN CARE: If the storm drain facility is grassed, fertilizer shall be applied at a rate and interval to keep the grass healthy. Also weekly mowing and grass dipping removal during the growing season shall be preformed to maintain a healthy appearance and working drainage facility. IRRlGATION: lfthe storm drain facility is grassed, water shall be applied to the grass at a rate that will keep the grass healthy and not interfere with the proper operation of the storm water retention pond. Over irrigating must be avoided, as this will cause ponding and deterioration of pond performance. TRASH CLEANUP: During the periodic inspections, any trash found within the boundary of the ponds' lot shall be collected and disposed of offsite, BANK STABILITY: During the periodic inspections, the banks of the ponds shall be checked for any water spots, water entering the pond from adjacent lots, rodent holes, and bank erosion. If any ofthese problems are found, the homeowners association shall contact a licensed earthwork contractor to make the necessary repairs to the pond. PERIMETER FENCE: If the storm drain facility has a fence around it, then during the periodic inspections, the fence shall be checked for any loose, broken or missing boards. Any portion of the fence which maybe missing or in bad repair, including the boards, is to be replaced as soon as possible. SAND AREA: At least once per year the sand shall be raked or tilled to loosen the sand in order to keep it from hardening. C:\Docurnents and Settings\ben.BRlGGS\Local Settings\Temporary Internet Files\OLKID\FinaJManua1.101204.doc5 6 I lO/12/0t FinaIManuaI.I01204,doc OPERATION AND MAINTENANCE MANUAL STORM DRAINAGE SYSTEM LOCHSA FALLS SUBDIVISION All heavy maintenance will be the responsibility of ACHD, and will be done as needed. DEFINITION OF REA VY MAINTENANCE: Heavy maintenance is defmed as periodically inspecting and cleaning the facility when sediment levels exceed designed storage levels. SPECIAL NOTES: 1. All lots or areas that are covered by a blanket storm drainage easement in favor of the Ada County Highway District for heavy maintenance of drainage facilities shall remain free of all encroaclnnents and obstruction (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water facilities. Additions such as landscaping, park benches, play equipment, etc, shall be considered as temporary and may be removed when heavy maintenance is required. Replacement of removed items will be the responsibility ofthe Homeowners Association. 2. A registered engineer designed the storm drainage facilities and the design was approved by ACHD, Therefore, the drainage facilities and lots shall not be changed or modified in any way without the written consent of a registered engineer and ACHD. 3, ACHD shall have the right to inspect stormwater facilities, and to promptly perform any maintenance that may be indicated by the inspection. 4. Concurrence by ACHD shall be required for any changes to previously approved documents. 5. ACHD shall assess the cost of any required maintenance performed by the District, and may use liens or assessment of maintenance costs against the real property taxes owed by the individual properties within the development. 6, The Lochsa Falls HomeoWners Association shall be responsible for light maintenance ofthe storm drainage ponds on the west side of Lochs a Falls No.9, adjacent to the proposed Meridian City Park, until such time as the park site is improved and both Meridian City and the Lochsa Falls Homeowners Association agree that light maintenance duties shall be transferred to the City of Meridian, C:\Documents and Settings\ben.BRIGGS\Local Settings\Temporary Internet Files\OLKlD\FinalManuaLl01204,doc6 6/10/12/04 FinaIManua1.1 0 1204.doc October 22, 2004 Department Reports MERIDIAN CITY COUNCil MEETING October 26, 2004 APPLICANT Public Works - Brad Watson ITEM NO. 6~A~4 REQUEST Quenzer Commons Condominium Plat 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See critached Comments B~ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presenfed at public meetings shall become properly of the City of Meridian. , !: MA YOR Tammy de Weerd ~~ /C1TYOF _,~ ~Lerldian IDAHO ,.j~.. " ....., V fl / CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaull Wardle Charles M. Rountree l i SlUe! \ 1903 MEMORANDUM: Hearing Date: October 26,2004 To: Mayor and City Council RECEIVED OCT 2 2 2004 From: Brad Watson, PE Subject: Miscellaneous Application City Of Meridian City Clerk Office Final Plat (FP) Approval for four (4) Condominium Units on 1.98 Acres in Quenzer Commons Subdivision No.3, for Brighton Development, Inc. Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & BACKGROUND At the direction of the Planning Director, the applicant, Brighton Development, Inc., submitted a Lot Line Adjustment Application (MI) requesting a reduction in platting requirements to condominiumize buildings on Lots 7 through 10, Block 3 of Quenzer Commons Subdivision No.3. The subject parcel is zoned R-8 and subject to CUP 02-007 and Development Agreement Instrument No. 102078396. The subject property is located at 1500, 1520, 1550 and 1570 E Heritage Park Street on the west side of N. Locust Grove Road, approximately 1/2 mile north of E. Ustick Road. A condominium pl.at has been submitted showing how the lots will be platted. Buildings are being constructed on all four lots and nearly completed. In June, 2004, the Planning & Zoning Department established a new policy and procedure regarding re-subdivisions. This decision was based on MCC 12-3-1.B. which states the following: Re-Subdivision: Notwithstanding the definition of "subdivision" contained in Section 11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required Mayor & City Council Hearing Date: October 26, 2004 Page 2 of3 improvements made thereon, he may do so without going through the entire platting procedure required by this Title. He shall, however, submit an application for re- subdivision showing the existing lot and how the lot is proposed to be re-subdivided, The City shall then determine what requirements of this Title shall be complied with by the applicant. The City may require full compliance if deemed necessary. The provisions of this subsection pertaining to the reduction in platting requirements of certain parcels may apply to previously unplatted and unsubdivided ground upon application to the City Council. (Ord. 456, 9-3-1985) The Planning Director, City Engineer, and City Attorney determined that this ordinance allows property owners to request a re-subdivision of property if the proposed division meets the following criteria: 1. If the property is within a recorded subdivision, a Lot Line Adjustment application must be submitted and may be approved at staff level. 2. If the property is unplatted, a Miscellaneous application must be submitted and heard by the City Council. If the Miscellaneous application is approved by City Council, a Lot Line Adjustment application must be submitted. 3. For either platted or unplatted land, the applicant must provide drawings that show a) the existing parcel and the proposed split, b) any and all existing and proposed improvements within or adjoining the property, c) proposed sewer connection and profiles, and d) any other information deemed as appropriate or necessary by the City Engineer and/or Planning Director. 4. Both parcels that result from the split must meet the minimum yard requirements of the applicable zone per MCC 11-9-1. 5. Applications for re-subdivisions of property will only be considered for property zoned as commercial and/or industrial. Residentially zoned land is not eligible, Properties would be limited to a one-time split under these provisions. 6, Platting requirements for condominium plats may also be considered under these provisions where the condominium plat only affects ownership and does not resul.t in additional development of the property. STAFF ANALYSIS The applicant meets the above stated requirements for a reduction in platting requirements to complete a condominium plat. CONDITIONS OF APPROVAL 1. Applicant has complied with all subdivision improvements as required by MCC 12-5-2. Quenzer Condo LLA Mayor & City Council Hearing Date: October 26, 2004 Page 3 of3 RECOMMENDATION Staff recommends approval of this application with the above noted conditions. Quenzer Condo LLA !~ lei ii~ ~ ~ "in . ~~!~ :'~ ~~ ~!' ;~~! ',~.t,~. 01: ~w ,- -~ ~ ~~~i ~ ~i ~!~ ~~ ~~;" \ :i~'- 1--''''1:L.JVI~~ '~;;I" ~~"''' ~ OL.... :....I~ "r ~~::foa~ ~\. .. .........."'.......j.. +....,.?~~i.~.,~~...~:n;;~ .....,.........".................... i6~,:: ' .'~.""'O. .dro ','coo." ,.."..., ... tj,:~~g~~~~~., ,~~~ . .....,...... 9n"~.......'21:.--~" ~ ~ ,.' ,'a~ 3.\OllS'I1SIl:>o1 'N ~,~ ~~~"';; ':"~~ _ _ _ ~ ~i,,-,3_Fi!; n -:~~~L ~ ~ - -...... j .9l'ii1H" ....1-- ul ,OCo~ ~ ! '" I I ' i;: l~ .../7,.....' un..' .n~ -;. 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'I. ---':~...l'" -~~ ,., '" <Ii I <Ii ....., -j-- J~~ 1:,.,0 p" ~~ ~~ cai!5 'l~~ ~~~ :::1..1- ~j;g ~~~ !l2.<~ . %i!i ~~~~ E~~~ ~~~8 ~~lJC ~~~~ ,-,wO'6;: a~ac ~~!5e ~~~~ ~g;~ ;~g: ~~ ~:o ~:x: Sd iE~ ~~ -~ ~@ ~~ ~~ 5~ ~~ ~~ ~8 ~de ~E ~~~ ;a ;;~~ ~;:. ~~~ ;525 ~g ~3. ;..j ~~~ -~~ ~e ~20<: ~Qe ~5.~ ~~; g~~ ~~g ;i~~ ~g~ E~ .~ "iI ~- o~ ~~ ~~ cin:: .1 - ~l~ ~I'-: ci '" '0 1 Iii I=> ...; ~ ~g ~ ::;- ;;. 5 ! . ~ g ~ ~ ~ :> f J ~ g -( ~ ~ ~ ~ " ~ October 15, 2004 MERIDIAN CITY COUNCIL MEETING Department Reports October 19, 2004 APPLICANT Public Works Department -- Brad Watson REQUEST Quenzer Commons Condominium Plat ITEM NO. 6-A-' 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ ~ ~8J' ~b~ Contacted: Emailed: Date: Staff Initials: Phone: Materials pr~sent9d at public meetings shafl become property of the City of Meridian. October 22, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 26,2004 ITEM NO. 7 REQUEST Discussion of Stonn Water Drainage Ponds 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: EmaUed: Date: Staff Initials: Phone: Materldls presented at public meetings shall become property of !he City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C October 26, 2004 IN THE MATTER OF THE ) APPLICATION OF KEVIN ) KNIGHTON FOR A ONE-TIME ) LOT DIVISION TO SEPARATE AN ) UN-PLATTED PARCEL INTO TWO ) PARCELS IN A C-G ZONE ) LOCATED AT 2200 EAST ) OVERLAND ROAD IN A PORTION ) OF THE SE X OF THE SW ~ T. 3N., ) R. IE., SECTION 17 ) ) ) ) CASE NO. MI-04-013 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code S 12-3- 1, B for an Administrative Lot Spilt of Unplatted Ground for Kevin Knighton, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner, for the Planning and Zoning Department, dated: Hearing Date: October 26, 2004 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Kevin Knighton, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, from Sonya Allen, Assistant City Planner, for the Planning and Zoning Department, dated: Hearing Date: October 26, 2004 listing seven ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR KEVIN KNIGHTON (MI-04-013) Page 1 of3 (7) Conditions of Approval, a true and correct of which is attached hereto marked Exhibit "A", and consisting ofthree (3) pages, and by this reference incorporated herein. 2, The Record of Survey (ROS) upon which there is contained the certificate and signature of the City Engineer verifying that the drawing meets the City's requirements shall be signed only at such time as: 1, The ROS dimensions are approved by the City Engineer and; 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521, An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR KEVIN KNIGHTON (MI-04-013) Page 2 of3 ( , after the date of this 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 ~l.Dtk day of Oeh:Jbo- , 2004, Attest: \\\.'''''''''''''''Il . s::2S.~ \....\ Of f\,4~ ~J/. "",,~,,\ Ib4'1/'l'i W erd ! (I ~cp'f\PORA.7;::; '1-- ~Jv1ayor, City of Meridian ::: ~ <:)--;. - - - - - - - - - - - - - - - - - - - - - - - BY:~ City Clerk's Office Dated: ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR KEVIN KNIGHTON (MI-04-013) Page 3 of3 ( / MAYOR Tammy de Weerd ~p rCITYOF -"-~ '-/Vleridian IDAHO CITY HALL (208) 888.4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree ~~.''':<{ ;\ '~:l '-' ~~ I l / PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-955 I LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 Ii ~W5~ MEMORANDUM: Hearing Date: October 26,2004 To: Mayor and City Council (1/1. Sonya Allen, Assistant City Planner () From: Subject: Miscellaneous Application Request for a Reduction in Platting Requirements to Divide a 26.432 Acre Parcel into Two Parcels (MI-04-013) by Kevin Knighton, Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMl\1ARY & LOCATION The applicant, Kevin Knighton, has submitted a Miscellaneous Application (MI) requesting a reduction in platting requirements to divide a 26.432 acre parcel into two parcels. The subject parcel is zoned C-G (General Retail and Service Commercial) and is not part of a recorded subdivision. The subject property is located at 2200 E. Overl.and Road, on the north side of E. Overland Road, approximately I.4mile east of S. Locust Grove Road. The owners of the property are Willard and Angela Howell and Willard has provided notarized consent for the division of their property, A Record of Survey has been submitted showing how the parcel will be divided. The parcel is l.ocated in a C-G zone, which has no minimum lot area or street frontage requirements. Future development must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. In June, 2004, the Planning & Zoning Department established a new policy and procedure regarding re-subdivisions. This decision was based on MCC 12-3-1.B. which states the following: Exhibit "A" Mayor & City Council Hearing Date: October 26, 2004 Page 2 of3 Re-Subdivision: Notwithstanding the definition of "subdivision" contained in Section 11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so without going through the entire platting procedure required by this Title, He shall, however, submit an application for re- subdivision showing the existing lot and how the lot is proposed to be re-subdivided. The City shall then determine what requirements of this Title shall be complied with by the applicant. The City may require full compliance if deemed necessary. The provisions of this subsection pertaining to the reduction in platting requirements of certain parcel.s may apply to previously unplatted and unsubdivided ground upon application to the City Council. (Ord. 456, 9-3-1985) The Planning Director, City Engineer, and City Attorney determined that this ordinance allows property owners to request a re-subdivision of property if the proposed division meets the following criteria: 1. If the property is within a recorded subdivision, a Lot Line Adjustment application must be submitted and may be approved at staff level. 2. If the property is unplatted, a Miscellaneous application must be submitted and heard by the City Council, If the Miscellaneous application is approved by City Council, a Lot Line Adjustment application must be submitted. 3, For either platted or unplatted land, the applicant must provide drawings that show a) the existing parcel and the proposed split, b) any and all existing and proposed improvements within or adjoining the property, c) proposed sewer connection and profiles, and d) any other information deemed as appropriate or necessary by the City Engineer and/or Planning Director. 4. Both parcels that result from the split must meet the minimum yard requirements of the applicable zone per MCC 11-9-1. 5. Applications for re-subdivisions of property will only be considered for property zoned as commercial and/or industrial. Residentially zoned land is not eligible. Properties would be limited to a one-time split under these provisions. 6. Platting requirements for condominium pl.ats may also be considered under these provisions where the condominium plat only affects ownership and does not result in additional development of the property. STAFF ANALYSIS The applicant meets the above stated requirements for a reduction in platting requirements to divide the existing parcel into two parcels. The applicant has agreed to include both properties in a subdivision application prior to issuance of a Certificate of Occupancy. Sewer and water services will need to be extended from E. Overland Road to these parcels. MI -04-0 13 Exhibit "A" Knighton Ml.doc Mayor & City Council Hearing Date: October 26,2004 Page 3 of3 Staff has confirmed that the two parcels created by this division meet the minimum standards for the C-G zone, CONDITIONS OF APPROVAL 1. Applicant must comply with all subdivision improvements as required by MCC 12-5-2. 2, Applicant shall comply with all improvements as required by Ada County Highway District. 3. A Lot Line Adjustment application will be required to be submitted for this property after approval of this application, 4, A cross-access agreement between the two proposed parcels is required to be submitted with the Lot Line Adjustment application. 5. Applicant shall submit a recorded copy of the Record of Survey signed by the City Engineer prior to Certificate of Zoning Compliance issuance. 6. Future development must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. 7. The applicant shall include the subject split parcel in a future subdivision. Such subdivision application shall be submitted to the Planning and Zoning Department and accepted for processing prior to issuance of the first Certificate of Occupancy on the existing parcel, RECOMMENDATION Staff recommends approval ofthis application with the above noted conditions. MI-04-013 Exhibit "A" Knighton MI.doc BEFORE THE MERIDIAN CITY COUNCIL C/C October 26, 2004 IN THE MATTER OF THE ) APPLICATION OF TONY ) ZANDERS FOR A ONE-TIME LOT ) DIVISION TO SEPARATE AN UN- ) PLA TTED PARCEL INTO TWO ) PARCELS IN AN I-L ZONE ) LOCATED AT 199 NORTH LINDER ) ROAD IN A PORTION OF THE SE ) y.J OF T. 3N., R. tW., SECTION 11 ) ) ) ) ) CASE NO. MI-04-012 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code ~ 12-3- }, B for an Administrative Lot Spilt of Unplatted Ground for Tony Zanders, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner, for the Planning and Zoning Department, dated: Hearing Date: October 26,2004 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: }, The subject application by Tony Zanders, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, from Sonya Allen, Assistant City Planner, for the Planning and Zoning Department, dated: Hearing Date: October 26, 2004 listing six (6) ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR TONY ZANDERS (MI-04-012) Page 1 of3 Conditions of Approval, a true and correct of which is attached hereto marked Exhibit "A", and consisting ofthree (3) pages, and by this reference incorporated herein, 2. The Record of Survey (ROS) upon which there is contained the certificate and signature of the City Engineer verifYing that the drawing meets the City's requirements shall be signed only at such time as: 1. The ROS dimensions are approved by the City Engineer and; 2, The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis, Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toIl. the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR TONY ZANDERS (MI-04-012) Page 2 of3 ( after the date of this 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 ';>loih day of 0 t.tobtT ,2004. Attest: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney, By: ,kJ:tl! lNL City Clerk's Office Dated: \ l- 24 -04 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR TONY ZANDERS (MI-04-012) Page 3 of3 ) MAYOR Tammy de Weerd ~ ~ f CITY OF .4'0-.... ,..~"~. "'-/Vlerldicrn \ A IDAHO ~~, ~qt, 7E~ .~ . tI. TREt\SLiRf. V ,~ (. '"\ .,~,\ ....'1 " V I I'" Y /' CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M, Rountree I r ~W~; MEMORANDUM: Hearing Date: October 26,2004 To: Mayor and City Council jl1. Sonya Allen, Assistant City Planner ( From: Subject: Miscellaneous Application Request for a Reduetion in Platting Requirements to Divide a 2.32 Acre Parcel into Two Parcels in an I-L Zone (MI-04-012) by Tony Zanders. Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & BACKGROUND The applicant, Tony Zanders, has submitted a Miscellaneous Application (MI) requesting a reduction in platting requirements to divide a 2.32 acre parcel into two parcels. The subject parcel. is zoned I-L (Light Industrial) and is not part of a recorded subdivision. The subject property is l.ocated at 199 N. Linder Road, on the west side of N. Linder Road, approximately 1,4 miImorth of W. Franklin Road. The property is owned by Linder Plaza, LLC, and Roy Coneen, as managing member of the corporation, has provided notarized consent for the division of the property. A plan, entitled "Exhibit A," has been submitted showing how the parcel will be split. The portion of the property fronting N, Linder Road has an existing building on it where the applicant's motor vehicle repair business is currently located. A site plan has been submitted showing how the back portion of the property will be developed as a result of the proposed lot split. The applicant is proposing to relocate his business and construct a new building consisting of 5,400 s. f. on the rear portion of the property. In June, 2004, the Planning & Zoning Department established a new policy and procedure regarding re-subdivisions. This decision was based on MCC 12-3-1.B. which states the following: Exhibit "A" Mayor & City Council Hearing Date: October 26, 2004 Page 2 of3 Re-Subdivision: Notwithstanding the definition of "subdivision" contained in Section 11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so without going through the entire platting procedure required by this Title. He shall, however, submit an application for re- subdivision showing the existing lot and how the lot is proposed to be re-subdivided. The City shall then determine what requirements of this Title shall be complied with by the applicant. The City may require full compliance if deemed necessary. The provisions of this subsection pertaining to the reduction in platting requirements of certain parcels may apply to previously unpl.atted and unsubdivided ground upon application to the City Council. (Ord, 456, 9-3-1985) The Planning Director, City Engineer, and City Attorney determined that this ordinance allows property owners to request a re-subdivision of property if the proposed division meets the following criteria: 1. If the property is within a recorded subdivision, a Lot Line Adjustment application must be submitted and may be approved at staff level. 2. If the property is unplatted, a Miscellaneous application must be submitted and heard by the City Council. If the Miscellaneous application is approved by City Council, a Lot Line Adjustment application must be submitted. 3. For either platted or unplatted land, the applicant must provide drawings that show a) the existing parcel and the proposed split, b) any and all existing and proposed improvements within or adjoining the property, c) proposed sewer connection and profiles, and d) any other information deemed as appropriate or necessary by the City Engineer and/or Planning Director. 4. Both parcels that result from the split must meet the minimum yard requirements of the applicable zone per MCC 11-9-1. 5. Applications for re-subdivisions of property will only be considered for property zoned as commercial and/or industrial. Residentially zoned l.and is not eligible. Properties would be limited to a one-time split under these provisions. 6, Platting requirements for condominium plats may also be considered under these provisions where the condominium plat only affects ownership and does not result in additional development of the property. STAFF ANALYSIS The applicant meets the above stated requirements for a reduction in platting requirements to divide the existing parcel into two parcels. Sewer and water services will need to be extended from the existing site to service the proposed development at the rear of the property, MI.04-0 [ 2 Exhibit "A" Zanders Ml.doc Mayor & City Council Hearing Date: October 26, 2004 Page 3 of3 Staff has confinued that the two parcels created by this division meet the minimum standards for the 1- L zone. CONDITIONS OF APPROVAL 1. Applicant must comply with all subdivision improvements as required by MCC 12-5-2. 2, Applicant shall comply with all improvements as required by Ada County Highway District. 3. After City Council approval of the Miscellaneous application, the applicant must submit a Lot Line Adjustment application to the Planning & Zoning Department. 4. Applicant shall submit a recorded copy of the Record of Survey signed by the City Engineer prior to Certificate of Zoning Compliance issuance. 5, Applicant must submit a recorded cross-access agreement between the parcel.s resulting from this lot split with submittal of the Lot Line Adjustment Application, 6. Future development must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. RECOMMENDATION Staffrecommends approval of this application with the above noted conditions, MI-04-012 Exhibit "A" Zanders Ml.doc ** TX CONFIRMATION REPORT ** ( AS OF OCT 22 ;04 17:47 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDt:l STATUS 02 10/22 17:45 3810160 EC--S 01'39" 003 208 ~_________________ ---------------------------------------------~--------------------------- ~~ ~CJ'~+_\O( fdbliG tUd'fi~-lJtwn~ ~ CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, October 26, 2004 at 7;00 p.m. City Council Chambers 1. Roll-calf Attendance: Shaun Wardle _ Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: B. Approve Minutes of October 4, 2004 City Council/ACHD Commission Special Joint Workshop Meeting: C. Approve Minutes of October 5, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of law for Approval; AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather Villa~e Subdivision by Packard Estates Development, LlC - east of North Eagle Road and north of East Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: PP 04- 029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather Village Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East FailView Avenue: Mo:ri(\iilll City Council Agend:! Ottober 26, 2004 Page I of 3 Al1ltll1lcriil.l~ p=~ 3\ public meelings shall be.;ome property Pflhe CityQf Muidioo. Anyone di:liiring tlCcornmoc3!ion for cis~biJiJics relared 10 doaUmo!lJL~ andlor h""lings ptc.!oSc cuntact Tile City Clerk's Office at 88&-4433 31 least 4S hOUlS prior to !hc publk lllwiDg, ** TX C~ .RMATION RE:PORT *'" OCT 26 '134 C. j PRGE.61 RS OF CITY OF MERIDIAN 01 132 63 64 05 136 67 08 09 16 11 12 13 14 15 16 17 18 19 21 DATE TIME TO/FROM 113'213 08: 16 PUBLIC WORKS 113'213 08:18 120846644135 10/213 08:20 8841159 11:\1'20 08: 22 20B8840744 10/213 08:24 POLICE DEPT 113/213 08:26 89855131 10/213 08:27 LIBRARY 10/20 138:30 92083776449 10'213 08: 31 3886924 113,'213 <18:33 2<100886854 10>'213 08: 35 2<18 SS5 0390 113,'20 08:37 128360040 H3,'20 08: 39 208 387 6393 10,'20 138:41 ADA CTY DEUELMT 10'213 08: 43 80051352 113,'20 138:44 CHERRY LANE 10/20 138: 48 I MHO ATHLETl C C 113'213 138:49 ID PRESS lRIEUNE 10,'213 08: 51 20888867131 113,'213 09=00 38101613 CMDlI 1613 1613 1613 160 1613 1613 16\3 1613 160 1613 160 160 1613 1613 1613 1613 1613 1613 166 160 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK MODE EC--S EC-S EC--S EC-S EC--S EC--S EC--S EC--S EC-S EC--S EC--S G3--S EC-S EC--S EC--S G3--S EC--5 EC--5 EC--S EC--S M!WSEC PGS \31'16" 004 131'17" 004 131'16" 1304 01' 19" 0134 01' 16" 004 131'14" 004 01'40" 1364 131'15" 0134 131' 16" 064 131'14" 1304 01' 15" 1304 01' 39" 0134 01' 15" 1304 131'16" 004 131'15" 13134 \:l2'35" 004 101'15" 064 131'16" 004 131'15" 1304 132'11" 0134 Revised October 19, 2004 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 19, 2004 at 7:00 p.m, City Council Chambers 1. Roll-call Attendance: ~ Shaun Wardle ~ Christina Donnell --L Charlie Rountree --X.- Keith Bird ----X-- Mayor Tammy de Weerd 2. Pledge of Allegiance: .:r~# t4Vc.j i &,ev-!J Sd>.e.iAir-.j 3. Community Invocation by Joe Anderson, with Cole Community Church: ~ 4. Adoption of the Agenda: ~y.c... 5. Consent Agenda: A. Findings of Fact and ConClusions of Law for Approval: AZ 04- 021 Request for Annexation and Zoning of 10 acres from RUT to R-8 zone for Arcadia Subdivision by C7 Development - 3665 Jericho Road: tippns>v-c- B. Findings of Fact and Conclusions of Law for Approval: PP 04. 028 Request for Preliminary Plat approval for 33 Single family residential building Jots and 3 common lots on 1 0 acres in a proposed R-8 zone for Arcadia SubdMslon by C7 Development _ 3665 Jericho Road: '7jh"P~ C. Findings of Fact and ConclusIons of Law fl;Jr Denial: VAR 04- 006 Request for a Variance from MCC 11-10-6 to allow a childcare/preschool for five or fewer children to be operated in a required garage area of a singh"-family home in an R-4 zone for Earl and Donna Bohm by Earl and Donna Bohrn - 1451 North Santa Rosa Place: A-/prt>""""" D, Findings of Fact and ConClusions of Law for Approval: MI 04- 010 Request to a modify the hours of operation approved previously under CUP 01-016 from S am to 10 pm Monday thru Saturday and 9 am to 9 pm Sunday to 6 am to 10 pm seven days a MmJ;." C!trc...n.~ Atm"" -0010.19, 20114 p.,.I.r3 All ,wlaiol. ~ "'I"IllU. m_p.bo~ b......J<l>l><f'l'.ftbo City 'fMtrirn.... A<>r<>""~ =ofllIllodoll... tor d.iMIoililito roW"".. _...dI.,..~sa pi.... CO:Ib<Illlo City Ch:d:'. Offio>>.. Bn-I4JJ "" le..t.41 '-" p<;....m. pu\>liom<<<lof} ** TX CONFIRMATION REPORT ** AS OF OCT 22 '04 17:44 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:t STATUS 12 10/22 17:10 PUBLIC WORKS EC--S 00'57" 003 208 OK 13 10/22 17:11 12084664405 EC--S 00'59" 003 208 OK 14 10/22 17:13 8841159 EC--S 00'58" 003 208 OK 15 10/22 17:14 2088840744 EC--S 00'59" 003 208 OK 16 10/22 17:16 POLICE DEPT EC--S 00'58" 003 208 OK 17 10/22 17:18 8985501 EC--S 00'57" 003 208 OK 18 10/22 17:19 LIBRARY EC--S 01' 15" 003 208 OK 19 10/22 17:21 92083776449 EC--S 00'57" 003 208 OK 20 10/22 17:22 3886924 EC--S 00'57" 003 208 OK 21 10/22 17:24 2088886854 EC--S 00' 57" 003 208 OK 22 10/22 17:25 ALL AMERICAN INS EC--S 00'57" 003 208 OK 23 10/22 17:27 208 895 0390 EC--S 00' 57" 003 208 OK 24 10/22 17:28 128300040 G3--S 01'15" 003 208 OK 25 10/22 17:30 208 387 6393 EC--S 00'57" 003 208 OK 26 10/22 17:32 ADA CTY DEVELMT EC--S 00' 58" 003 208 OK 27 10/22 17:33 8885052 EC--S 00' 57" 003 208 OK 28 10/22 17:35 CHERRY LANE G3--5 01'50" 003 208 OK 29 10/22 17:37 IDAHO ATHLETIC C EC--S 00'58" 1303 208 OK 313 10/22 17:39 ID PRESS TRIBUNE EC--S 00'58" 003 208 OK 31 10/22 17:41 21388886701 EC--S 013'57" 0133 2138 OK ~~ ~D*-\O( PUblic, AJ6fi~-~t{,~ CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, October 26, 2004 at 7:00 p.m. City Council Chambers 1. RolJ-calf Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: Adoption of the Agenda: Consent Agenda: 3. 4. 5. ~~ Ct-\O( public- ;Uafict-l!,jO/tU ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 26, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: B. Approve Minutes of October 4, 2004 City CouncillACHD Commission Special Joint Workshop Meeting: C. Approve Minutes of October 5, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Redfeather VilIar:le Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East Fairview Avenue: E. Findings of Fact and Conclusions of Law for Approval: PP 04- 029 Request for Preliminary Plat approval for 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather VilIar:le Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: Meridian City Council Agenda - October 26, 2004 Page I of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accollunodation 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, F. Findings of Fact and Conclusions of law for Approval: AZ 04M 012 Request for Annexation and Zoning of 1.82 acres from RT to C-C zone for proposed Wrinkleneck Proiect by Wrinkleneck Partners, LLC - northwest corner of East Overland Road and South Locust Grove Road: G. Findings of Fact and Conclusions of law for Approval: CUP 04-034 Request for a Conditional Use Permit for a gas station and convenience store in a proposed C-C zone for Maverik Country Store by Maverick Country Stores, Inc. - 1495 South Locust Grove Road: H. Findings of Fact and Conclusions of law for Approval: AZ 04- 005 Request for Annexation and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: I. Findings of Fact and Conclusions of law for Approval: PP 04- 006 Request for Preliminary Plat approval of 20 single family residential building lots and 1 common lot on 5.27 acres in a proposed R-4 zone for Packard Acres Subdivision No.3 by Packard Estates Development, LLC - east of North Locust Grove Road and south of East Ustick Road: J. Resolution No. : VAC 04-006 Request for a Vacation of 25-foot wide utility easement along the souttr boundary of Lot 10 of Razzberrv Crossin~ Subdivision by Bonnie Reiterman - south of East McMillan Road and west of North Locust Grove Road: K. Resolution No. V AC 04-005 Request for a Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23, Ashford Greens Subdivision No.2 by Brighton Corporation - east of North Black Cat Road and south of West Ustick Road: l. Water Main Easement for Amberpoint I Onyx Buildin~ by Sundance Limited Partnership Investments: M. Sanitary Sewer and Water Main Easement for Hunter Elementary School by Meridian School District: N. Award Bid for 2004 Waterline Improvement Proiect. Franklin Road Waterline Extension to Masco, Inc. for $370,098.30: Meridian City Council Agenda - October 26, 2004 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian, Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. Desian of Well #27 Pumpina Facilities - Civil Survey: P. Desian of Primary Backup Power at the WWTP - DC Engineering: Q. Ratify Chanae Order No. 1 to No Fault Industries. Inc. for Adventure Island Playground: 6. Department Reports: A. Public Works Department - Brad Watson 1. Reauest to Connect to Boise City Sewer for Bradford and Camille Shaw: 2. Wastewater Treatment Plant Expansion Proiect: 3. Storm Water Drainaae Easement for Lochsa Falls Subdivision No.9: 4. Quenzer Commons Condominium Plat: B. City Attorney - Bill Nary 1. Clarification of Decision for Alexandria Subdivision Project: 7. (Items Moved from Consent Agenda) 8. MI 04-012 Request to allow a one-time lot division to separate an un-platted parcel into two parcels in an I-L zone for Tonv Zanders by Tony Zanders- 199 North Linder Road: 9. MI 04-013 Request to allow a one-time lot division to separate an un- platted parcel into two parcels in an C-G zone for Kevin Kniahton by Kevin Knighton - 2200 East Overland Road: 10. Public Hearing: AZ 04-026 Request for Annexation and Zoning of 1.71 acres from RUT to C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: 11. Public Hearing: CUP 04-035 Request for a Conditional Use Permit for a bank with drive up service lanes in a proposed C-G zone for Mountain West Bank by Erstad Thornton Architects - northeast corner of Venture Street and East Fairview Avenue: Meridian City Council Agenda - October 26, 2004 Page 3 of3 All materials presented at public meetings shall become property ofthe City of Meridian, Anyone desiring acconunodation 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. c { ** TX ct., .~MATION REPORT ** AS OF OCT 27 '040.;00 ,.> PAGE,01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PUS CMDl:! STATUS 131 113/27 08: 131 PUBLIC WORKS EC--S 01 '13" 1304 245 OK 132 113/27 08:132 121384664405 EC--S 131'14" 0134 245 OK el3 113/27 138:04 8841159 EC--S 01'14" 004 245 OK 04 113/27 00: I!l6 20000413744 EC--S 01' 17" 1304 245 OK es 10/27 138:137 POLICE DEPT EC--S 01'12" 01'14 245 OK 0& 113/27 08:139 8985501 EC--S 131'13" 004 245 OK 07 113/27 08: 11 LIBRARY EC--S 01' 35" 0134 245 OK 08 113/27 138'13 92083776449 EC-S 01' 12" 0134 245 OK 139 113/27 08: 15 3886924 EC--S 01' 12" 1304 245 OK 10 10/2708'1621388886854 EC--S 131'13" 004 245 OK 11 113/27138:18208 885 13390 EC--S 01'14" 004 245 OK 12 10/27 138: 2(1 128300040 G3-S 131'35" 1304 245 OK 13 10/27 08:22 208 387 6393 EC--S 01'18" 1304 245 OK 14 1€1/27 08:24 ADA CTY DEVELMT EC--S 131' 13" 004 245 OK 15 10/27 08: 26 8885052 EC--S 01'13" 004 245 OK 16 10/27 08:26 CHERRY LANE 83--S 132'32" 004 245 OK 17 113/27 08'31 IDAHO ATHLETIC C EC--S 131'13" 004 245 OK 18 10/27 08:33 ID PRESS TRIBUNE EC-S 01'13" 1304 245 OK 19 10/27 138:34 21388886701 EC-S 01' 13" 004 245 OK 213 113/27 08:433810160 EC--S 132' 135" 1304 245 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 26, 2004 at 7:00 p.m. City Council Chambers 1, Roll-call Attendlilnce: ~ Shaun Wardle 0 Christine Donnell ----X- Charlie Rountree X. Keith Bird 1- Mayor Tammy de Weerd 2. Pledge of Allegiance: lead. 61/w".f7vtn"'rA.- 3. Community Invocation by Pastor Shawn Ragan, with Church of God Seventh Day: 4. Adoption ofthe Agenda: a.;fProrr<.-..s reVl~N 5, Consent Agenda: A. Approve Minutes of September 28, 2004 City Council Regular Meeting: a.?p-V<- B. Approve Minutes of October 4, 2004 City Council/ACHD Commission Special Joint Workshop Meeting: ~pN>-- C, Approve Minutes of October 5, 2004 City Council Regular Meeting: 4f?/Jt'>>"'-:'- D. Findings of Fact and Conclusions of Law for Approval: AZ 04- 022 Request for Annexation and Zoning of 4.91 acres from RUT to R-8 zone for Radfeathar ViUaQ9 Subdivision by Packard Estates Development, LLC - east of North Eagle Road and north of East FailView Avenue: a-p pNl~ E. Findings of Fact and Conclusions of Law for Approval: PP 04. 029 Request for Preliminary Plat approval fot 20 single family residential building lots on 4.91 acres in a proposed R-8 zone for Redfeather VillaQe Subdivision by Packard Estates Development, LLC - east of north Eagle Road and north of East Fairview Avenue: 4jJp-rv~ Mrndi...City Co_iJ Ag<O><J.-0<;Iubcr26,2U04 t>.gel 00 1\11"'1""'1< pmmred.tpoblic m..'iDES sholl bo:.mtproperty oflb< Cil)'ofMcricU,,", ^"ygnc: d~irirlg .uC,C)nvr1oWbc.n fordu""hililit'S rcrilted '\l~mCll-Ui =ndlofh'C3Cings. L!-l~(;(I"tlC1 Ole: Ci1:yQcrkl;5; Offiec at 888443-3 j( lC'ilS148 hour:; p.ria~ to lboe public: meeting,