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2012-04-03WE FIDIA Z* -- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 03, 2012 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by none 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation Declaring April as Fair Housing Month 6. Consent Agenda Approved A. Approve Minutes of March 20, 2012 PreCouncil Meeting B. Approve Minutes of March 20, 2012 City Council Regular Meeting C. Approve Minutes of March 27, 2012 PreCouncil Meeting D. Approve Minutes of March 27, 2012 City Council Regular Meeting E. Development Agreement for Approval: Request for Annexation and Zoning of 5.2 Acres from RUT (Ada County) to R-4 (Medium Low Density Residential) Zoning District for B1 by 131, LLC Located East of Jericho Road, % Mile South of Chinden Boulevard, Approximately 650 Feet West of Locust Grove Road (AZ 09-006) Meridian City Council Meeting Agenda —Tuesday, April 03, 2012 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Approval of Task Order 10002d WWTP Odor Control Design Project to CH2M HILL for the Not -To -Exceed Amount of $139,646.00 G. Approval of 2012-2013 Beer, Wine and Liquor Renewal Applications for the following locations: The Curb 1760 S. Meridian Rd. BMW/L Buffalo Wild Wings 3223 E. Louise B/W/L A New Vintage Wine Shop 1400 N. Eagle Road #104 BMW Shari's Restaurant 895 Progress B/W Maverik #410 1630 McMillan B Maverik #233 1605 Cherry Lane B Maverik #343 1545 E. Overland B Albertson's #180 3301 W. Cherry Lane B/W Albertson's #164 20 E. Fairview Ave. BMW 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: Proposed Julius M. Kleiner Memorial Park Fee Schedule of the Meridian Parks and Recreation Department B. Resolution No. 12-845: A Resolution Adopting the Julius M. Kleiner Memorial Park Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved 9. Department Reports: A. Clerk's Office: Discussion and Proposed Budget Amendment Regarding Processing Passport Applications at City Hall Approved 10. Ordinances A. Ordinance No. 12-1507: An Ordinance (AZ 09-006 B1) for the Annexation of Two Parcels of Land Located in the SE 1/4 of the NE 1/4 of Section 30, Township 4 N, Range 1 E, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-4 (Medium -Low Density Residential) and Providing an Effective Date Approved 11. Future Meeting Topics None Adjourned at 7:27 p.m. Meridian City Council Meeting Agenda — Tuesday, April 03, 2012 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council April 3, 2012 Page 1 of 11 Meridian City Council April 3, 2012 A meeting of the Meridian City Council was called to order at 7:04 p.m., Tuesday, April 3, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Bruce Chatteron, John Overton, Chris Amann, Colin Moss, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead call this meeting to order. It is the City Council regular meeting. It's four minutes after 7:00. For the record it is Tuesday, April 3rd. This is the third meeting I have said that on the record. Madam Clerk, will you, please, start this meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led by one of our Boy Scouts, Ben Bergloff and he is will Troop 153, Cherry Lane Ward. I'd like to invite Ben to come forward and lead us in the pledge. (Pledge of Allegiance recited.) De Weerd: And, Ben, I would like to give you one of our City of Meridian pins. Thank you for doing that. Item 3: Community Invocation De Weerd: Item No. 3 is the community invocation and tonight we do not have one of our local faith leaders to lead us in this. Item 4: Adoption of the Agenda De Weerd: So, we will skip to No. 4, adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council April 3, 2012 Page 2 of 11 Hoaglun: On tonight's agenda just a couple items to note. Under 8-13, that resolution number is 12-845. Under 10-A, the ordinance number is 12-1507. And with those additions, Madam Mayor, I move adoption of the agenda. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation Declaring April as Fair Housing Month De Weerd: Item 5 is a proclamation declaring April as Fair Housing month. Council, in your packets and on our website we do have the proclamation. There is no one here to receive it. Item 6: Consent Agenda Approved A. Approve Minutes of March 20, 2012 PreCouncil Meeting B. Approve Minutes of March 20, 2012 City Council Regular Meeting C. Approve Minutes of March 27, 2012 PreCouncil Meeting D. Approve Minutes of March 27, 2012 City Council Regular Meeting E. Development Agreement for Approval: Request for Annexation and Zoning of 5.2 Acres from RUT (Ada County) to R-4 (Medium Low Density Residential) Zoning District for 131 by B1, LLC Located East of Jericho Road, '/< Mile South of Chinden Boulevard, Approximately 650 Feet West of Locust Grove Road (AZ 09-006) F. Approval of Task Order 10002d WWTP Odor Control Design Project to CH2M HILL for the Not -To -Exceed Amount of $139,646.00 G. Approval of 2012-2013 Beer, Wine and Liquor Renewal Applications for the following locations: The Curb 1760 S. Meridian Rd. B/W/L Meridian City Council April 3, 2012 Page 3 of 11 Buffalo Wild Wings 3223 E. Louise A New Vintage Wine Shop 1400 N. Eagle Road #104 Shari's Restaurant 895 Progress Maverik #410 1630 McMillan Maverik #233 1605 Cherry Lane Maverik #343 1545 E. Overland Albertson's #180 3301 W. Cherry Lane Albertson's #164 20 E. Fairview Ave. De Weerd: So, I will go ahead and move to Item No. 6, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move the Consent Agenda be approved and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: Proposed Julius M. Kleiner Memorial Park Fee Schedule of the Meridian Parks and Recreation Department De Weerd: I will move to Item No. 8 under Action Items. It is a public hearing on the proposed Julius M. Kleiner Memorial Park fee schedule. I will turn this over to Colin. Moss: Thank you, Madam Mayor, Members of the Council. I'm representing the department this evening bringing forward the fees that we propose for the new Julius M. Kleiner Memorial Park, which we will be opening in June and so, hopefully, you all have a copy of all the fees. We had a committee within our department to decide some of these fees. We have some shelters that are bigger than any other shelters that we Meridian City Council April 3, 2012 Page 4 of 11 have in our park system right now and so we have -- we have set these fees based on what we believe it is going to take for us to maintain the park. The larger shelters -- well, the shelters in general are going to be -- we are proposing them to be a little bit more expensive than some of our other parks, but that's because of the size of them, as well as the smaller shelters having their own, you know, smaller -- they have their playground attached to each shelter, so there is some additional maintenance cost that goes into those and so I guess at this time, you know, I would stand for questions about any of the proposed fees. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Thank you. I'll see if there is anyone here to testify and, then, I will ask for concluding remarks. Thank you, Colin. Is there anyone here who would like to provide testimony on this item? Okay. Colin, any final remarks? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on the fee for Kleiner Park. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Resolution No. 12-845: A Resolution Adopting the Julius M. Kleiner Memorial Park Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Okay. The next item is a resolution 12-845 adopting the fees. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve resolution number 12-845. Meridian City Council April 3, 2012 Page 5 of 11 Rountree: Second. Zaremba: Second. De Weerd: I have a motion and a second to adopt the resolution on 8-B . If there is no discussion. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thanks, Colin and Mike for joining us. Unless, Mike, are you here for another reason? You just like to hanging out with Colin. Item 9: Department Reports: A. Clerk's Office: Discussion and Proposed Budget Amendment Regarding Processing Passport Applications at City Hall De Weerd: Okay. Under Department Reports. I will turn this over to Madam Clerk. Holman: Thank you, Madam Mayor. Sorry, I'm trying to get this thing going. Oh, there we go. Okay. Madam Mayor, Members of the Council, I'm here to talk to you about the -- considering the possibility of the Meridian City Hall being a place where people can come to apply for passports. Basically becoming what they call a passport accepting agency. One of the reasons I'm interested in this is because I believe that that is a good service to offer at our City Hall. I think that's what the City Hall was designed for to be a place that our citizens and even surrounding citizens could come to get passports or apply for them. To give you a little bit of history on this -- I looked into this approximately a year and a half ago. Spoke at that time to Ada County and spoke to the regional passport services office in Seattle. We discussed and at that time just didn't move forward with it, just put it on the table just to consider -- I guess or on the back burner to consider at a later date. I was contacted -- I think it was someone contacted Councilman Hoaglun -- and I'm not sure. I can't remember how that came to you. I don't know if it was Ada County that contacted you or -- and the issue kind of -- they contacted him a little bit about possibly considering us and I'm sure it's because I had contacted them before and discussed passports. So, I decided to call, talk to the regional passport agency in Seattle. They talked to me about some of the things that have gone on around this valley. We process I guess a lot of passports through the valley here. Currently Ada County doesn't do it anymore. The downtown post office does do it and Canyon county does it. So, dovetail this with -- we get 25 dollars for every passport that you process. That's what we get. What would be taken out of that would be the cost of mailing the passports to Seattle on a daily basis. But this comes together at a very good time for the clerk's office, because as the economy slumped a Meridian City Council April 3, 2012 Page 6 of 11 little bit a few years ago our licensing increased quite a bit. We currently have one licensing person, which is Nancy Radford. Nancy processes a lot. Times of the year Nancy gets pretty overburdened and it's -- the job is more than one person can do, so right now I have another person who -- Machelle Hill, her main responsibility has been processing anything to do with Planning and Zoning, which, of course, her job as slowed down in the last few years, so also a few years ago we started processing temporary use permits, because we passed that ordinance and started regulating temporary uses. So, it's worked well as the economy slowed down, because we can off load some this to Machelle when Nancy gets really busy. Well, Machelle is starting to get busier, as you have seen. I think more is starting to move through Planning and Zoning, so I have started to become a little concerned what are we going to do when Planning and Zoning gets to the point where we can't off load some of these to Machelle. We are to the point where we are on the edge of probably needing a second licensing person. So, I think passports would be an excellent way to offset some of that cost. I think I can get another person, which we are going to need very soon and we can offset some of those costs very well with the 25 dollar fee. Now, we have to process -- this would require another position, so there is a certain break even point where -- well, let me see if I can get that. This is what I put together. This is very -- obviously estimates, because I don't have any idea how many we may get here initially. Our break even point is roughly about 2,087 passports would offset what I have estimated to be postage and what a fully loaded salary would be for a full time. employee. I don't think we are going to have a problem processing 2,000 passports. Canyon county did 6,400 passports last year at their courthouse. Ada County was doing roughly 2,000 a year when they were doing them. And there is a void in the market, which is why I think they are looking for another location. I think that where we are centrally located we would get a lot of the business from Canyon county. I think we would get a lot of the business that would divert from going to downtown Boise to come to a more convenient location and this would help a lot with what I see this crucial point we are coming to in needing another licensing person. I checked with Colin Moss in the parks department yesterday just to talk to him about what's it looking like at Kleiner Park, because that's a big concern of mine with having just one licensing person and not having another person to be able to do it part time, when Kleiner comes on board I think we are going to have events on a scale that we haven't seen, except for possibly like the urban market that happens. So, that's a concern, too, of Nancy getting a lot more of that drawn on her time. Colin said right now where the list is at we have 13 fairly major events lined up already for Kleiner Park and it's not even open yet. So, three is three in June, one in July, four in August, two September and three in October. So, what I am proposing tonight is just to open the discussion on whether this is something we see as a good fit for our City Hall, whether you think it would be a good idea. Also come before and let you know we are coming to the point where it won't be much further down the road when I might be trying to ask for another licensing person and I just see this as a good fit for being able to offset some of the costs of a second licensing person, but I really see it as a good amenity for City Hall. I think it's a good place for people to be able to come and apply for a passport in the City Hall. So, I would stand for any questions. Meridian City Council April 3, 2012 Page 7 of 11 De Weerd: Thank you. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I remember discussing this before and as I recall I thought it was a good idea at the time and a good service to offer and a good way to get an extra staff member. I think I asked -- and I don't remember, I'm sorry, the answer. Why did Ada County stop doing it? Did they have a reason? Holman: Madam Mayor, Members of the Council, Councilman Zaremba, I don't know. I talked to them at the time. I know they were very -- very busy -- I couldn't ever get a why did they stop doing it and that's been the question that both Robert and I discussed earlier today, why did they stop doing it. Why would they -- I know -- my guess, if I had to throw one out there, I think that -- I don't -- I know that they did not have any one person that was dedicated to passports. They had someone who oversaw it I believe and, then, everyone in the department was cross -trained on -- on how to do. It can be volatile, because they didn't take them by appointment, I know that, and so you would get people in -- sometimes you were getting five at one time and sometimes one and maybe none. So, I'm wondering if that may have had something to do with it. I don't know. The downtown post office does it by appointment only and when I talked to Mr. Carmona up in the Seattle office, he said that in either last July or August it was up to a six week wait to get an appointment at the downtown post office, so -- Canyon county -- I know part of the issue Mr. Carmona told me with Canyon county -- it sounds like passports were run out of the elections office. There were five people in the elections office, they were all trained -- none of them dedicated a hundred percent to passports. With the redistricting and some of the time crunch issues they have run into there, they moved it out of the elections office and they pushed it back into the county clerk's office where they have two people that do it part time. So, what I'm saying is I don't think we are going to have a problem having plenty of people coming here to get passports and having one person dedicated to it in the time that it's ramping up and maybe people are starting to understand that this is where you come to get passports, that person could also share some of these responsibilities of a licensing clerk and maybe also get us through this learning curve that I know we are going to have with Kleiner Park and these big events. I'm trying to -- I know Meridian Urban Market when that first came on board Nancy had to off load a lot of her work onto Machelle just to get through dealing with all of the questions and the unique situations and things that were happening week to week. Now, that got better, because we were dealing with the same people and the same vendors and lessons were learned and practices were put in place, but I really -- I guess I worry the most about the unknown with Kleiner Park and with losing Machelle's ability to step in and help out as much with those. De Weerd: Mr. Hoaglun. Meridian City Council April 3, 2012 Page 8 of 11 Hoaglun: Yes, Madam Mayor. And C.J., you -- Jaycee, you indicated correctly about Canyon county and I was approached because of my day job and said these changes as she pointed out in the elections office were off loading that because of all the new responsibilities they have in elections in counties now and so they put it to the clerk's office and just designated two. So, they were looking for an additional site. And are you looking at cross -training some of these -- some of your other folks in the office and up to how many do you think you need cross -trained? Holman: Madam Mayor, Members of the Council, Councilman Hoaglun, every one except the admin person would be cross -trained in this, because, again, not knowing how many may come in at one time, we could get to the point where we also go by appointment only. But other people -- for sure the second license -- Nancy's position would be cross -trained and understanding they also do passports, they probably wouldn't be dedicated to making appointments, but the rest of us would be. I would have to be, because I supervise the department, but the other employees would, except for the admin person that's up front, I probably would not have them, because they are a different job classification. That makes a difference. Hoaglun: Okay. Thank you. Rountree: Madam. Mayor? De Weerd: Mr. Rountree. Rountree: Jaycee, the following couple questions are yes and no answers, so -- are you aware of what the processing entails? Holman: Councilman Hoaglun, I am not at this point. A few hours of training I guess. Rountree: Okay. So, I don't need any other questions. Do -- would we as the city collect the fees for the passport and out of the 25 dollars per passport or is that something that is reimbursed to the city after the fact and if a passport say is submitted and rejected do we still get compensation for that? How does the compensation work? Holman: Madam Mayor, Members of the Council, Councilman Rountree, when a person comes into apply for a passport they write a 75 dollar check to the Department of State and a separate 25 dollar check to the City of Meridian. Of that 25 dollars we -- that's -- fees come out of that for mailing, which is we have to send certified mail every day, 2.95, plus whatever the cost of the weight of the package. I don't know if we don't -- I can't imagine they would make us refund the 25 dollars if the passport didn't go through, but I have not checked into that specifically. Rountree: And is that rate established by the federal government or is that a rate that -- that we could manipulate, if you will? Holman: That is an established rate. That's 25 dollars Meridian City Council April 3, 2012 Page 9 of 11 Rountree: Okay. And, finally, contractually, if we were to enter into something like this -- I assume it's some kind of a contract between -- or agreement between us and the passport service. Do you know if there is an out clause or are you in for a certain duration once you do this? Holman: I am not sure if we are in for a certain duration or not. I do have the blank application, which I have not moved forward with at this point. When I spoke with Mr. Carmona on the phone it sounded like it was a fairly easy out thing, not like we are committing to a specific amount of time, but I would need to look at that more closely and find out if we decide to move forward. Rountree: Thank you. De Weerd: Okay. Any other questions? Bird: I have none. Rountree: Madam Mayor, I'd have a comment. I think it's a great idea if we can get some of the detail questions answered, but I think as far as a community service -- Bird: It's great. Rountree: -- it's great. Particularly if we are talking that kind of volume. De Weerd: And I would agree with Madam Clerk that this certainly has been something that we had hoped would be a service to our community, to our citizens, and continue to give them one place to do much of their business and that -- that she has taken the time to evaluate this. I think, Council, what she needs to know from you is if she can move forward, get the appropriate agreements, have our legal review them, make sure that it's something that addresses some of the conversation today and, then, bring it back to have the I's dotted and T's crossed. Hoaglun: Do you want a motion on that, Madam Mayor? De Weerd: Please. Hoaglun: Okay. I move that we approve a proposed budget amendment regarding processing passport applications here at City Hall through the clerk's office. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council April 3, 2012 Page 10 of 11 Holman: Thank you very much. Item 10: Ordinances A. Ordinance No. 12-1507: An Ordinance (AZ 09-006 61) for the Annexation of Two Parcels of Land Located in the SE 1/4 of the NE 1/4 of Section 30, Township 4 N, Range 1 E, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-4 (Medium -Low Density Residential) and Providing an Effective Date Approved De Weerd: Okay. Thank you. Item No. 10-A is Ordinance 12-1507. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1507, an ordinance AZ 09-006 B1 for annexation of two parcels of land located in the southeast one quarter of the northeast one quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, Medium Low Density Residential District, in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there any member in our chambers that would like to hear it read in its entirety? Council, seeing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-15'07 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve this item 10-A. If there is no discussion, Madam Clerk, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council April 3, 2012 Page 11 of 11 MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Item 11 is pertaining to any future agenda items. Council, any discussion under this item? Hoaglun: I have none. De Weerd: Okay. I would entertain a motion, then, to adjourn this meeting. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adjourn. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TCOY DE WEERD ATTEST: , JAYCEE HOkNJRN, Cly -CLERK j4 / 10 / ��D �rUs APPROVED Iq og� city of r� G � 1DI � t3 p►p p sEAL of the TATA Meridian City Council Meeting DATE: April 32 2012 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Proclamation Declaring April as Fair Housing Month MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (;>WE ' I! IDAHO The Office of the Mayor PRoCLAjwATIojv Whereas, April 2012 marks the 44th anniversary of the passage of Title VIII of the Civil Rights Act of 1968, commonly known as the Federal Fair Housing Act; and Whereas, the Idaho Human Rights Commission Act has prohibited discrimination in housing since 1969; and Whereas, equal opportunity for all -regardless of race, color, religion, sex, disability, familial status or national origin -is a fundamental goal of our nation, state and city; and Whereas, the laws of this nation and our state seek to ensure such equality of choice for all transactions involving housing; and Whereas, equal access to housing is an important component of this goal as fundamental as the right to equal education and employment; and Whereas, only through continued cooperation, commitment and support of all Idahoans can barriers to fair housing be removed; Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim, April 2012 to be: ,fair .Mousing Month in the City of Meridian and promote awareness of equal housing opportunities. Dated this 3`d day of April, 2012. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Minutes of March 20, 2012 Pre Council Meeting MEETING NOTES �rn ve c( Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Minutes of March 20, 2012 Regular Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Minutes of March 27, 2012 Pre Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Minutes of March 27, 2012 Regular Council Meeting MEETING NOTES Rpprovj Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: PROJECT NUMBER: AZ 09-006 ITEM TITLE: Development Agreement: Request for Annexation and Zoning of 5.2 Acres from RUT (Ada County) to R-4 (Medium Low Density Residential) Zoning District for B1 by B1, LLC Located East of Jericho Road, '/< Mile South of Chinden Boulevard, Approximately 650 Feet West of Locust Grove Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 35 BOISE IDAHO 04104112 12:45 PM DEPUTY D-RIII IIIIIII'll'lllllll'IIIIIIIIII'llll RECORDED-REEQUESUES T OF Meridian City 1120330813 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. B1, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT this Agreement), is made and entered into this 3 day of-Rpr.1 , 20K, by andbetween City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and B 1, LLC, whose address is PO Box 1610, Eagle, Idaho 83716, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-511-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-4 (Medium -Low Density Residential District) in the Municipal Code of the City of Meridian; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City DEVELOPMENT AGREEMENT -Bl (AZ 09-006) PAGE I OF 10 Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 240' day of November, 2009, has approved Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of DEVELOPMENT AGREEMENT — BI (AZ 09-006) PAGE 2 OF 10 law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to B1, LLC, whose address is B 1, LLC, PO Box 1610, Eagle, Idaho 83716, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned R-4, (Medium -Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved R-4 zone under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. No more than one (1) single family home shall be constructed on the site until the property is subdivided in accordance with the Unified Development Code (UDC). The future home shall not be placed on the site to impede the extension of E. Commander Street through the property. Placement of the future home shall comply with the building envelope depicted on exhibit A3 of the Staff Report. 2. All future development (future plat) of the subject property shall comply with City of Meridian open space and amenity requirements in effect at the time of development. 3. The applicant shall submit elevations consistent with the Architectural Character objectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual with any future preliminary plat application. 4. E. Commander Street shall be extended through the site at the time the property is redeveloped (platted). DEVELOPMENT AGREEMENT - B1 (AZ 09-006) PAGE 3 OF 10 5. Development of the subject property shall comply with the R-4 standards listed in UDC 11-2A-5. 6. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. 8. The outdoor storage of construction material and vehicles on this site shall cease with the annexation of the property. A building permit shall not be issued until the contractor's yard and vehicles are removed from the property. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 8.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, DEVELOPMENT AGREEMENT - BI (AZ 09-006) PAGE 4 OF 10 including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or DEVELOPMENT AGREEMENT - B 1 (AZ 09-006) PAGE 5 OF 10 remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed DEVELOPMENT AGREEMENT - B1 (AZ 09-006) PAGE 6 OF 10 under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: B1, LLC PO Box 1610 Eagle, ID 83716 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT - B 1 (AZ 09-006) PAGE 7 OF 10 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution ofthe Mayor and City Clerk. DEVELOPMENT AGREEMENT - B 1 (AZ 09-006) PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Bl, LLC CITY OF MERIDIAN �//l///'G��i%. DEVELOPMENT AGREEMENT - B I (AZ 09-006) PAGE 9 OF 10 STATE OF IDAHO, ) ): ss County of Ada, ) On this 0411 day of Md"dj , 20)x, before me, a Notary Public in and for said State, personally appeared . ) as Ke o Fa ter'S the / ea? b e-' of B 1, LLC, known or identified to me to the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. '��.�•OPN TRly''•.. '�� 1 .....� App '.. (SEAL) I NOp9, 9d • A �•` A z N %7 tic STATE OF IDAHO ) ss County of Ada o Public for Idaho Residing at: &Cld e My Commission Expires: /a-31-/3 On this -&r4 of A jpr % 1 , 201Z, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Not*Pblic Idaho Residing at: Lie rijl an . I D Commission expires: X iah 0. zol DEVELOPMENT AGREEMENT - B 1 (AZ 09-006) PAGE 10 OF 10 R.ECETVED NOV 19 2009 CITY OF C4(HRq. CITY CLERKS OFFICE CITY OF MERIDIAN �,p�* FINDINGS OF FACT, CONCLUSIONS OF LAW AND CAVI E IDIAN DECISION & ORDER I t) A H O In the Matter of the Request to Annex and Zone of 5.02 Acres from RUT (Ada County) to R4 (Medium Low -Density Residential) Zoning District, by Bl, LLC Case No(s). AZ -09-006 For the City Council Hearing Date of November 10, 2009 (Findings on the November 24, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 10, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 10, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 10, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 10, 2009, incorporated by reference) B. Conclusions of Law L The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I 1 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 § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -09-006 -I- 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement in the attached Staff Report for the hearing date of November 10, 2009, incorporated by reference. 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated August 28, 2009 by Clinton W. Hansen, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of November 10, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of November 10, 2009. CITY OF MERIDIAN FINDINGS OF FACE, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -09-006 -2- By ction of a City Council at its regular meeting held on the �, day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED U COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED�j1ti MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attorney. artment and City By Dated; City Cl s Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -09-006 -3- STAFF REPORT Hearing Date: November 10, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ -09-006—B1 NfElkIDIAN,t- L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, B 1, LLC, has applied to annex and zone 5.02 acres from the RUT zoning district in Ada County to the R-4 (Medium Low-density Residential) zoning district in the City. At this time, the applicant is proposing to construct (1) single family detached home on the subject site with plans to subdivide the remaining property in the future. H. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed annexation and zoning based on the Findings of Fact and Conclusions of Law in Exhibit D with the requirement of a Development Agreement that includes the provisions noted in Exhibit B of the staff report. The Meridian Planning & Zonin Commission heard this item on October 1, 2009. At the public hearing the Commission voted to recommend approval of the subject AZ request a. Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant's Representative) ii. In ouposition: None b. C. d. pint is Proposert ror Ine Property. ii. The Commission at staffs request modified DA provision #1 to include CZC approval Prior to construction of the future home and said Placement of the home not prohibit the extension of E. Commander Street through the property. Outstanding Issue(s) for City Council: i. Connection with Jericho Road. BI Annexation PAGE 1 :. t . _ BI Annexation PAGE 1 1h r. L fauncil nadi III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ -09- 006, as presented in the staff report for the hearing date of November 10, 2009 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -09-006, as presented during the hearing on November 10; 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ -09-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located east of Jericho Road, a '/. of a mile south of Chinden Boulevard and approximately 650 feet west of Locust Grove Road in the NE '/. of Section 30, Township 4 North, Range 1 East. B. Owner/Applicant(s): Bl, LLC PO Box 1610 Eagle, ID 83616 C. Representative: Jake Centers, (208) 888-4333 D. Applicant's Statetrient/Justification: Please see applicant's application for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. BI Annexation PAGE B. Newspaper notifications published on: September 14 and 28, 2009(Commission); October 19. 2009 and November 2.2009 (City Council) C. Notices mailed to subject property owners on: September 11, 2009(Commission); October 15. 2009 (City Council) D. Applicant posted notice on site(s) on: September 21, 2009 (Commission); October 14, 200 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject site is currently vacant developable land; zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the surrounding area is residential in nature. The only non-residential use is the school site that abuts the northern boundary. 1. North: Single family residential and Central Academy High School, zoned R-2 and R-4 2. East: Single family residential (Reserve Subdivision), zoned R-4 3. South: Rural residential property, zoned RUT in Ada County 4. West: Single family residential (Arcadia Subdivision), zoned R-8 C. History of Previous Actions: In 2005, this property requested annexation and then withdrew the application. . D. Utilities: 1. Public Works: a. Location of sewer: E Commander St. b. Location of water: E Commander St c. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. F. Access: E. Commander Street is stubbed along the eastern property boundary and provides access for the future home. Upon future development of this property E. Commander Street will be required to be extended through the site and provide connectivity with Jericho Road located in the northwest corner of the site. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The applicant is requesting an R4 zoning designation with the annexation of this property. The Unified Development Code (UDC) allows a maximum of 4 dwelling units to the acre which would allow a maximum of 20 homes on this property. At this time, the applicant is proposing to construct (1) single family home on the site and subdivide the property at a later date. If the site is developed in a fashion consistent with the density B I Annexation PAGE 3 requirements of the UDC, the anticipated density of the site would comply with the aforementioned density range of the Medium Density Residential land use designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. The majority of the surrounding property is developed with single family homes. Thus, the applicant's proposal including future development of the site will be compatible with surrounding land uses. • Chapter VII, Goal IV, Objective D, Action 2 — Restrict curb cuts and access points on collectors and arterial streets. Currently E. Commander Street, designated a local street, is stubbed along the eastern property boundary and provides connectivity for the future home site. The recommended conditions of approval include a Development Agreement provision that future development of the property will necessitate that E. Commander Street be extended through the site to connect to Jericho Road. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. BI Annexation PAGE The subject application includes a request for the R-4 medium low-density zoning designation. The applicant is proposing (1) single-family detached home. Staff believesfuture development of this site with single family detached homes provides the City with a variety of housing opportunities that complements the proposed multi family, patio homes, and alley - loaded homes existing and planned for the area. • Chapter VII, Goal IV, Objective C, Action 3 - Require usable open space to be incorporated into new residential subdivision plats. At this time, the applicant is not proposing to plat the property; however staff is recommending a DA provision that the site be subject to the UDC open space requirements at the time ofplat approval. • Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street exists at the eastern boundary. The extension of this street will be required upon future development of this site. Said street shall extend through the site to Jericho Road located at the northwest corner of the property. Staff believes requiring this connection enhances connectivity and improves the traffic flow as previous developments made provisions forfuture connectivity prior to this site developing. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The applicant is requesting an R-4 zoning district for the property. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R4 zoning district. C. Dimensional Standards: The site shall comply with the dimensional standards listed in UDC Table 11-2A-2 for the proposed R4 zoning district. D. Landscaping: The subject site shall comply with the common open space and site amenity requirements listed in UDC 11-3G-3 when the property is platted in the future. E. Parking: Table 11-3C-6 requires single family detached homes with 2/3/4 bedrooms to provide four (4) parking spaces; at least two spaces in an enclosed garage and at least two spaces being a 20 -foot by 20 -foot parking pad. Future home sites should comply with this requirement. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is to annex and zone 5.02 acres of land from the RUT zoning district in Ada County to the R-4 zoning district in the City. At this time, the applicant is proposing to construct one (1) single family detached home on the subject site with plans to subdivide the remainder of the property in the future. The Comprehensive Plan future land use map designation for this property is Medium Density Residential, which is consistent with the proposed R4 district. Future development of this site must comply with the dimensional standards of the R-4 zoning district listed in UDC 11-2A-5. Further as a requirement of the development agreement (DA), staff is recommending no more than BI Annexation PAGES one (1) single family detached home be constructed on the site until the property is subdivided in accordance with the Unified Development Code (UDC). The annexation legal descriptions submitted with the application (stamped on August 28, 2009 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Outdoor Storage: As mentioned earlier, the land proposed for annexation is vacant developable land. However, the applicant is storing construction materials on a portion of the property. Based on the materials being stored on the property, UDC 11-1A-1 defines this use as a contractor's yard which is not an allowed use in the R-4 zoning district. Staff is recommending the outdoor storage of construction material on this site cease with the annexation of the property. Staff is recommending a building permit not be issued until the contractor's yard is removed from the property. Access: E. Commander Street is stubbed along the eastern property boundary and provides access for the future home. Upon future development of this property and as a provision of the development agreement staff is recommending E. Commander Street be extended through the site and provide connectivity with Jericho Road located in the northwest comer of the site. Off-street parking: Table 11-3C-6 requires single family detached homes with 2/3/4 bedrooms to provide four (4) parking spaces; at least two spaces in an enclosed garage and at least two spaces being a 20 -foot by 20 -foot parking pad. Future homes on this site must comply with this requirement of the UDC. Landscaping: As mentioned above, E. Commander Street will be extended through the site when an actual plat is proposed for the site. Because the street is designated local street and the zoning proposed for the property is residential, the UDC does not require a street landscape buffer. However, the property proposed for annexation exceeds 5 acres. UDC 11-3G-3 requires 10 percent of common open space for the single family developments of five (5) acres or more. Staff is recommending a DA provision that requires the applicant comply with the applicable UDC open space and amenity requirements in effect at the time of plat submittal. Design Review: Although the annexation of this property is not subject to Design Review, staff feels the applicant could develop the site consistent with the objectives and guidelines for residential developments (Section E) listed in the Meridian Design Manual. Staff is recommending a DA provision that elevations be submitted with any preliminary plat application. These elevations should be consistent with the Architectural Character objectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual. Development Agreement: UDC ll -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Cormnission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. In summary, Staff is supportive of the Applicant's proposal to annex this site with an R4 zoning designation with the recommended DA provisions listed in Exhibit B of this report. X. EXHIBITS A. Drawings BI Annexation PAGE 1. Vicinity Map 2. Conceptual Plat Location of the Futu*e Home Site Only /reference DA nrovisian #4 for roadwav extension) B. Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Annexation Legal Descriptions & Exhibit Map D. Required Findings from Unified Development Code BI Annexation PAGE A. Drawings 1. Vicinity Map EVEREST ST L -O R-15 4 �' LA 6286 6�-10 THREE CORNER NO 02 �,� (-- � - W 6260 T 4 > �tD Z � u1 1p. 6234 "' 6208 O 6208 -- - --- Z 6166 R-15 C -C 6185 6124 R-2 r g 6075 THREE CORNER P ASE 01 JERICHO 6082 R-4 0 6055 6040 W 6067 0 O a CD o l7 mL�nl UU11 H E PASACANA ST �^ 2 E COMMANDER ST u 5940 3 h rc M p In O Ln %591 ' ' '` ,...,, .. v w �o uMi s Z 5930 w 5910 i n za R-8 0 5882 !L z 1034 v,� R-2 E AZAN STo 5848 � 5831 5805 o 5783 = v47 o o N ro N , 00 o c v r- �5�0 610 N ., O O .- u� N M �' h a W E TUTTLE ST E TUTTLE ST E TUTTLE CT `t-%'' � ui OQ W 1057 M i 5725 Q n uMi o M ^ Z Z O N 1!'f 5681 5694 3 5703 = E SEGUNDO $T O N .0 O W 5659 5670 Q 5664 Z R-4 V M M ham 5646 J �n Z E SAN PEDRO ST E SAN PEDRO ST E SAN PEDRO CT _ I S p� O N O c0 N N O �''� M O 60S 5616 hb a °of v v v v v S9 5589 Lu 55929 r sia 5580 5567 z 5570 s r 5555 z 5548 5532 5533 5526 5543 h i z h. 5500 551 1 5504 Vii' 5515 Exhibit A 2. Conceptual Plat adacanDATA AdaCou 4-1 I , ` � I t.: hit.-Iladacandata.com/manauide2009/manvieweraiaxlnrintableoa2e.aho?SESSION=b1e89... 7/31/2009 Exhibit A - 2 - Exhibit A - 3 - EXHIBIT B: AGENCY & DEPARTMENT COMMENTS On September 10, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks Department and Meridian Police Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The legal descriptions and exhibit map for the proposed annexation submitted with the application (stamped on August 28, 2009, by Clinton W. Hansen, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit Q. 1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office, 898-5506, within one year of Council approval to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: 1. No more than one (1) single family home shall be constructed on the site until the property is subdivided in accordance with the Unified Development Code (UDC). The future home shall not be placed on the site to impede the extension of E. Commander Street through the 2. All future development (future plat) of the subject property shall comply with City of Meridian open space and amenity requirements in effect at the time of development. 3. The applicant shall submit elevations consistent with the Architectural Character objectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual with any future preliminary plat application. 4. E. Commander Street shall be extended through the site ^-a agw do ,...__,...`,..:y• 5. Development of the subject property shall comply with the R-4 standards listed in UDC 1 I - 2A -5. 6. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. 8. The outdoor storage of construction material and vehicles on this site shall cease with the annexation of the property. A building permit shall not be issued until the contractor's yard and vehicles are removed from the property. 2. PUBLIC WORKS DEPARTMENT (FurumPLAT CONDITIONS) 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Commander St. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms Exhibit B - 1 - of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is constructed from E Commander Road to N Jericho Road. being 2.3 The applicant shall provide a 20 -foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to the issuance of an occupancy permit. 2.6 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 UDC 11-3A-6. Plans shall 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, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2,7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 and 9-4-8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. 2.11 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit B -2- 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 One hundred watt, high-pressure sodium streetlights shall 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 to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department a. Fire Hydrants shall have the 4 %" 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 specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets. Exhibit B -3. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 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 and support an imposed weight of 75,000 GVW. 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGH WAY DISTRICT SUE SPECIFIC CONDITIONS OF APPROVAL This application is for annexation and rezone only. Listed below are some of the site speck conditions that the District may idents when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 7.1 Extend Commander Street through the site and connect it to Jericho Road as a 33 -foot street section with curb, gutter, and minimum 5 -foot wide attached (or 4 -foot wide detached) sidewalk. Obtain approval from the Meridian Fire Department for the reduced street section width. Provide a public use easement for any portion of sidewalk located outside of the right-of-way. Exhibit B -4- 7.2 Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the site. 7.3 Comply with all Standard Conditions of Approval. 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 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. 7.2.7 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. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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. 7.2.13 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 B -5- C. Annexation Legal Descriptions & Exhibit Map Legal Deiddlotl6n Mnexatlon The Reserve i2,Subdl"mon PO"O'SO, r."4 50 Apopl? l9pa",16 the SE elols 6 i C*Y'of Meriden. ofreald 3NE Y4 Thence 6 0*37'25'W along the easterly bOqndary.of said NEY. a distance of 1326.32 28.32 led to a 0 inchdianneuir fron Pin marking the 6606atit 6btndr,of sold SE Y. of the NE Y.; Things leaving sold northerly boundary S 0*3768'W along -IM westerly boundary of said I The R I eserve 'Subdivision a] disfiincia of M2.24 f, #-19's '518 inch d6i"tir Iron Olh marking the soAvvO5t'c6'm"e'r4iiaIcI The Reserve SubdtAl6h; Therfoe leaArig said Westerly boundary N 89.150!11* W distance of 547.51 feet to a point; Th6fice'N 003V31` E along a tin being 10.00 feet easterly of and parallel to the westerly WuAkfa�y of said- SE 14 of -iiiW' NE V a distance of 332.32 feet to a point on the northerly baounda"Y(if"IdIdE Koithe NE Y.; This parcel contains 4.94 acres. Clinton W. Hanaen.:PLS Land Solutions, PC 4(ug**12009 BY SEP 91'2009 lirkeo.kOALIB C ,�- �-A'Roiilimarliis Tb. R. 8"&k. 4..2 irot to osis Exhibit C —1 - Legal De�iptlon finr.Annexatlon TFie Reserve No. 2 Subdivision Parcel 50530 W 960 A parcel being located In the BE Y..uf the NE'/. of Section 30, Township 4 North, Range 1 East, Bolas, Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast comer of the NEA of said Section 30, from which an aluminum cap monument marking the southeast comer or the NE Y. of sold Section 30 bears S 0°37'25' W a dietanee of 2658.57 feel; Thence S 0°3725' W along the easterly boundary Of said NE'/. a distance of 1328.32 feat to a 518 inch diameter Iron pin marking the northeast comer of said BE Y. of the NE %; Thence leaving said easterly. boundary N 89'49'37' W along the northerly boundary of said SE'/4 of the NE%a distance of 1304.01 feet to the POINT OF BEGINNING; Thence leaving said northerly boundary S 063131' W along a (Ina being 10.00 feet easterly of and parallel to the westerly boundary of said BE V. of the NE Y. a distance of 332.32 feet to a point; Thence N 89.50'11' W a distance of 10.00 feet to a 518 Inch diameter Iron pin on the westerly boundary of said BE Y4 of the NE Y.; Thence N 0'31'31' E along said westerly boundary a distance of 332.32 feet to a 518 inch diameter Iron pin marking the northwest comer of said BE Y. of the NE Y.; Thence S 89'48'37' E along the northerly boundary of said BE Y. of the NE Y. a distance of 10.00 feet to the POINT OF BEGINNING. This parcel contains 0.08 acres (3,323 square feet) Clinton W. Hansen, PLS Land Solutions, PC August 28, 2009 REVI DVAI SY SEP 012009 MERIDIAN DEPT c Woos Exhibit C -2- The R...ry. SubtlW6 No.2 JAW 0" Exhibit C -3-- D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property from RUT in Ada County to R-4 zone in the City. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to R-4 is consistent with the purpose statement for the residential districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The annexation of this property and subsequent zoning of the site to R-4 is consistent with the comprehensive plan future land use map and UDC standards as detailed in this report. The Council finds that Annexation and Zoning of this property to an R-4 zoning district is in the best interest of the City if a development agreement is entered into between the City and the property owner. Exhibit D - t -. Annexation Legal Descriptions Legal Destrtntion fmAnnexation The Reserve No. 2 5ubdMsion 6rcel SOS30141950. of said aNE%. to a Thence leaving said northerly boundary 8 0'37'58°'W along the westerly boundary of said The Reserve Subdivision a distance of 332.22 feet to -a 518 inch diameter Iron pm marking the Southwest coiner of said The Reserve SubdMslon - Thence leaving said westerly boundary N BV604I- W a distance of 647.51 feet to a point;. Thence N 0631'31" E along a line tieing 10.00 feet easterly of and parallel to the westerly :boundary of said 8E Y. of the NE 11 a distance of 332 32 'feef to a peint'on the northerly '/. boundary of said SE of lire NE'/.; This parcel :contains 4.94 acres. Clinton W Hansen, PLS Land 86lu0ons; PC. August 28; 3009 REVI.. OVAL ev SEP 012«19 @AMOdkausuc lryep.W S D=P'T: Lid O tons The Rm" SUNIMlcn No. P Job Na: W-33' 4 Legal Description for Annexation The Deserve No. 2 Subdivision Parcel S0S30141960 A parcel tieing located in the SE % of the NE % of Section 30, Township 4 North, Range f East, Boise Meridian, City of Meridian, Ada Courtly, Idaho, and more particularly described as follows; Commencing at a brass cap monument marking the northeast corner of the NE % of said. Section 30, from which an aluminum cap monument marking the southeast: comer of the NE'/. of said Section 30 bears 0°37'25"W a distance of 2658.57 feet; Thence -S-0°37'25"- W along the easterly boundary of said NE X a distance. of 1328.32 feet to a 5/8 inch diameter Iron pin marking the northeast comer of said BE Ye of the NE %; Thence leaving said easterly boundary N 89°49'37" W along the northerly .boundary of sold SE '/. of the NE Y a distance of 1304.01 feet to the POINT OF BEGINNING;. Thence leaving said northerly boundary S 0631'31' W along a fine being 1.0.00 feet easterly of and parallel to the westerly boundary of said BE '% of the NE y a distance of 832.32 feet to a point, Thence N 89°50'11". W a distance of 10-00 feet-to.a 518 inch diameter iron pin on the westerly boundary of said SE K'of the NE %; Thence N 0'31'31' E along said westerly boundary -a .distance of 332.32 feel to a 578 ,inch diameter Iron pin marlang the northwest comer ofsaid BE %of the NE %; Thence S 89°49'37" E -along the northerly boundary of said SE 1% of the NE 1% a distance of 10.00 feet to the POINT OF BEGINNING. This parcel contains 0;08 acres (8,323 square feet) Clinton W. Hansen, PLS Lend Solutions, PC August28, 2009. REVl OVAI• In SEP- SEP 012009 Mw o lAN Ke DEPT C. Lon— i131u'tlOn3 The Reserve aubdWlon No.2 L��i.y.,t Job No -OM5' . x � tIRBStOPRPl6.4A{E eY NROSL SPRAY Y I Y ses 8 II v E � 8 sae I�es l li La. L E s WE I\ a NMGUAROH q_1% -tee Pa x a 9 e Y P e ee P e P Y f �_a ria 1 1 y Ea Y a Y e Y a v - �--rrseN-s-elAen�rAv�- 8 x Y Y - — •,.- �.;�- _-,._.e..d4rs rz�s-...—� a,'F �_" I - a r x g _ �i s� v E e I s ae aP na g�g.1l1x xI� y IISo eYF Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Task Order 10002d WWTP Odor Control Design Project to CH2M HILL for the Not -To -Exceed Amount of $139,646.00 MEETING NOTES pppmwec Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby, Jacy Jones Date: 3/22/12 Re: April 3`' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April Vd City Council Consent Agenda for Council's consideration. $139,646.00. Recommended Council Action: Approval of Task Order No. 10002d and authorize the Mayor to sign for the Not -To -Exceed amount of $139,646.00. Thank you for your consideration. 0 Page 1 E IDIAN-- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: March 2, 2012 Mayor Tammy de Weerd CRP Council Memberlr Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER #10002d FOR WASTEWATER TREATMENT PLANT ODOR CONTROL DESIGN AND BID DOCUMENTS WITH C112M HILL FOR A NOT TO EXCEED AMOUNT OF $139,646 I. RECOMMENDED ACTION A. Move to: 1. Approve Task Order 10002d with C112M HILL for the wastewater treatment plant odor control final design and bid documents, for a not -to - exceed cost of $139,646. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Public Works has made a concerted effort to identify priority areas for odor control over the last couple of years. This design project will include an expandable centralized odor control facility for the wastewater treatment plant. This facility will be used to remediate odors created as a result of the primary Page I of 3 sludge fermentation facility. Future odor control projects will utilize and expand the centralized odor facility to remediate existing odors in other parts of the wastewater treatment plant. B. Proposed Project C112M HILL will provide engineering services for the project definition, preliminary engineering report, final design and bidding documents. The project definition will characterize the components of the project to be included in the preliminary engineering report for submittal to the Idaho Department of Environmental Quality. Final construction documents for bidding will be produced from the components in the preliminary engineering report. C. Consultant Selection CH2M HILL was chosen for this project due to their expertise in the design and analysis of wastewater treatment plants and their familiarity with the Meridian Wastewater Treatment Plant. C112M HILL was also selected as a qualified firm to provide consultant services for WW Collection and Treatment Engineering and they hold a Master Agreement for services over $25,000. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery pact: Lessening the impact of odors at the wastewater treatment plant will decrease the potential for odor complaints from neighboring residents. C. Fiscal Impact: Project Costs Consultant Agreement Total Cost Project Funding $139,646 $139,646 Odor Control FY12 Enhancement (3590-92100) $240,000 Total Funding $240,000 Page 2 of 3 VI. TIME CONSTRAINTS Council's approval will allow this design project to be completed in fiscal year 2012. VII. LIST OF ATTACHMENTS A. Task Order No. 10002d. Department Approval: Page 3 of 3 3 Date TASK ORDER NO. 10002d Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CH2M HILL (ENGINEER) This Task Order is made this _ day of h, 2012 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho hereinafter referred to as "City", and accepted by CH2M HILL hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the'above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10002d is as follows: CITY OF MERIDIAN City of Meridian Wastewater Treatment Plant Odor Control Design Project Project Understanding The purpose of this Task Order is to prepare technical analysis, technical support documents, and development of final bid documents for the odor control facility that will be used to remediate odors created as a result of the primary sludge fermentation facility currently being designed by CH2M HILL at the City of Meridian (City) Wastewater Treatment Plant (WWTP). The odor control system was described conceptually in the Meridian, Idaho Wastewater Facility Plan (Facility Plan) prepared by CH2M HILL. Scope of Work This scope of work provides for final project definition, preliminary engineering, and final design of the odor control facility beyond the initial design definition phase outlined in Task Oder 10045 Scope of Work dated October 21, 2011. The odor control facility will be designed for the fermentation process only, with the ability to expand to accommodate other facilities, such as the headworks, at the WWTP in the future. Project Execution Approach The project design work will be carried out using a phased design delivery approach to assure a logical and progressive completion of the design work. The phases, as described below, will Task Order 10002D W WTP Odor Control Design Project CH2M HILL Page 1 of 8 i be carried out sequentially. Each phase of design will include a specific list of work products and deliverables, which are identified in the individual sections. Design review workshops will be conducted with the City's personnel, key individuals from the project team, and others as needed. The design review workshops will be conducted at critical design milestones as identified in sections that follow. The critical project phases, along with other critical support responsibilities, are divided into the following major tasks: • Task 1 — Project Initiation and Management • Task 2 — Quality Assurance/Quality Control • Task 3 —'Project Definition Phase (15% Design) • Task 4 — Preliminary Engineering and Design (30% Design) • Task 5 — Final Construction Documents for Bidding and Construction (90% and 100% Design) Each task is described in more detail below. Task 1—Project Initiation and Management CH2M HILL will provide the resources necessary for project initiation and management throughout the project, including: ( • Scoping, contract review/execution, and project accounting setup. • Prepare a Health & Safety Plan for onsite work activities and obtain staff endorsement. • Prepare a Quality Management Plan for work tasks and ensure adherence by Team project staff. • Supervise and manage design team project staff for execution of work tasks. • Project documentation and coordination. • Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Coordinate with and provide periodic updates to the City's Project Manager. • Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. • Prepare and submit monthly billing with a brief description of the work completed during that billing cycle. • Manage the quality control review of all work activities and project deliverables. Identify senior technical staff for the various technical disciplines and oversee the adherence to the plan during the execution of the work tasks. Task Order 10002D wWTP Odor Control Design Project Page 2 of B CH2M HILL Deliverables • Periodic written project design schedule updates to keep the City's Project Manager informed as to the changes to the initial schedule outlined in this Scope. • Monthly project invoice statements with a brief description of the work performed. Assumptions CH2M HILL is projecting that the project will require approximately 12 months for the completion of the tasks described in the Scope. Budget status monitoring, schedule status monitoring, and project invoicing are monthly activities for the duration of the project. Task 2—Quality Assurance/Quality Control An internal QA/QC review for each phase of the project will be performed by senior reviewers in the disciplines represented on the Project. Comments will be documented and categorized into major, minor, and preferential comments. Comments will be responded to by design team members and adjudicated prior to each deliverable being submitted to the City or IDEQ. The QA/QC process will be defined by the Team in a Quality Management Plan (QMP) that will include the following major components: • Definition of Key Project team member and their role in the Project, • Definition of the Project core technologies, • Identification of the Project Quality Manager, • The Team staff member responsible for quality control for each discipline used in the Design, and • The milestone dates for each discipline review. Task 3—Project Definition Phase (15% Design) The Project Definition Phase of the odor control design includes evaluation of type, location, and placement of the odor control facilities. This level of effort will need to be added to better define the components and placement of the odor control project on the WWTP site. CH2M HILL will evaluate two different technologies, locations, and conceptual level cost estimates for odor control facilities, including the following: • Conceptual level evaluation of a centralized versus decentralized location for plant odor control facilities that will include consideration of air flows from: 1) a future headworks building covering influent screens, dumpsters, screen channels and screw pumps; 2) grit effluent channels and primary clarifier splitter box; 3) primary clarifier effluent launders; and 4) fermentation processes; and also to include consideration of: - Cost (AACEI Class 4 estimate) - Redundancy (e.g., two 50% capacity units) - Ductwork routing and associated complexity - Condensate drainage water Task Order 10002D W WTP Odor Control Design Project Page 3 of 8 CH2M HILL ( - Site space needs for future expansions The following two odor control technologies will be evaluated: -- Biofilters, and - Bioscrubbers This evaluation will be discussed in the Project Definition Phase Review Meeting and a decision will be made by the City regarding a centralized versus decentralized treatment location, and the type of control technology to be used. The preliminary and final design tasks in this Task Order will then focus exclusively on the odor control facilities needed to accommodate the air flows and odors from fermentation processes. Deliverables A Conceptual Site Plan of the Meridian WWTP with the conceptual locations of the proposed odor control improvements on the site will be delivered to the City's Project Manager in PDF. format for review and distribution to City staff. Revisions to the Conceptual Site Plan will be made following the Project Definition Review Meeting and comments from the City. A Process Flow Diagram that shows how the proposed odor control improvements will connect to and interact with the existing treatment process will be delivered to the City's Project Manager in PDF format for review and distribution to City staff. Revisions to this Process Flow Diagram will be made following the Project Definition Review Meeting and comments from the City. A Technical Memorandum that describes the type, size, materials of construction, costs (Class 4), and location of the odor control system components included in the project will. be;delivered to the City's Project Manager in PDF format for review and distribution to City staff. Revisions to the Technical Memorandum will be made following the Project Definition Review Meeting and comments from the City. Following these revisions, the Team will submit the Technical Memorandum to the City and IDEQ in the final form. Assumptions • CH21VI HILL will participate in a Project Initiation Meeting at the City's WWTP to review the scope of work, walk through the site, and gather available information from the City regarding existing equipment and preferences for the design. • A Project Definition Phase Review Meeting will take place at the City's WWTP Operations Building conference room. The City's Project Manager will coordinate with the City's project team and CH2M HILL to schedule. the meeting date and time. • City's staff will be available to provide input on design questions and will provide timely responses to questions posed. Design questions will be routed to the City's Project Manager for distribution to the appropriate City staff. • City's project team will review the Project Definition documents emailed to the City's Project �. Manager and presented in the Project Definition Review Meeting by delivering the comments in written form within five working days of the Review Meeting. Task Order 10002D WWTP Odor Control Design Project Page 4 of 8 CH2M HILL ( Task 4—Preliminary Engineering and Design Phase (30% Design) CH2M HILL will prepare a Preliminary Design (30%) package for the Odor Control Project that will include: • Preliminary Design Drawings. CH2M HILL will prepare Preliminary Design Drawings (30% Design) for each of the components in the project that will define the following: - Preliminary Process and Instrumentation Diagrams (PI&Ds) - Location on the site with site piping routes - Plans and sections of the design elements - Pipeline routing and location of necessary valves, flow meters, etc. • Technical Specification List. CH2M HILL will prepare a list of technical specifications to be included with the design. • Preliminary Engineering Report. CH2M HILL will prepare a Basis of Design Document including a written description of the Preliminary Design, drawings, list of technical specifications, calculations, and the preliminary cost estimate. • Preliminary Cost Estimate. CH2M HILL will prepare a Class 3 Preliminary Engineering construction cost estimate based on the Preliminary Drawings and the Preliminary Engineering Report. • . Review Meetings. Key personnel from CH2M HILL will attend one interim and one Preliminary Design Review meeting with the City project team to present the Preliminary Design documents and discuss questions and comments from the City. • Idaho Department of Environmental Quality (IDEQ) Submittal. Following the review by the City, CH2M HILL will submit a copy of the Preliminary Engineering Report to the IDEQ for review and approval. Deliverables • Preliminary Design Drawings in digital format (PDF, 11" x 17") will be emailed to the City's Project Manager for distribution to City project staff. • A list of technical specifications in digital format (PDF) will be emailed to the City's Project Manager for distribution to City project staff. • Basis of Designdocument in digital format (PDF) will be emailed to the City's Project Manager for distribution to City project staff. • Following integration of the City's comments on the Preliminary Design, CH2M HILL will submit 2 hard copies to the IDEQ for review and approval. Assumptions • CH2M HILL will participate in one interim review meeting during the development of the Preliminary Design Phase to discuss progress and City preferences. Task Order 10002D WNTP Odor Control Design Project Page 5 of B CH2M HILL ( • A 30% Design Review Meeting will take place at the City's WW -FP Operations Building conference room. The City's Project Manager will coordinate with the City project team and CH2M HILL to schedule the meeting date and time. • WWTP staff will be available to provide input on design questions and will provide timely responses to questions posed. Design questions will be routed to the City's Project Manager for distribution to the appropriate City staff. • City project team will review the Preliminary Design documents emailed to the City's Project Manager and presented in the 30% Design Review Meeting by delivering the comments in written form within five working days of the Review Meeting. Task 5—Final Construction Documents for Bidding and Construction Phase (90% and 100% Design) Following receipt of the written comments from the City on the Preliminary Design, CH2M HILL will prepare the 90% and Final Design (100%) documents for submittal to the City and use in contractor bid solicitation. The Final Design will include: • Final Design Drawings. The Final Design Drawings will incorporate the comments from the City, IDEQ, and additional details required to finalize the design. The Final Design Drawings will be stamped by a Professional Engineer. Three additional drawings required for the structural modifications on the existing Primary Clarifier No. 1 to convert this basin into a gravity thickener will be included iri this Scope of Work. • Contract Documents and Technical Specifications. CH2M HILL will prepare the contract documents and technical specifications, including additional sections required for the modifications to Primary Clarifier No. 1, based on the comments provided by the City. • Cost Estimate. CH2M HILL will update the construction cost estimate to provide the City with a Class 1 final construction cost estimate based on Final Design Drawings and Technical Specifications. Review Meetings. Key personnel from CH2M HILL will attend two interim and one Final Design Review meeting with the City project team to present the Final Design documents and discuss questions and comments from the City. Submittal of Final Design to IDEQ. CH2M HILL will submit the final design package, including the Final (100%) Drawings and technical specifications to the IDEQ for review and approval. Deliverables • Ninety percent Drawings and Final (100%) Design Drawings in digital format (PDF, 11 "x17") will be emailed to the City's Project Manager for distribution to City project staff for design review comment concurrence. The 90% Drawings will be reviewed by the City prior to preparation of the 100% Drawings. • Contract Documents and Technical Specifications in digital format (PDF) will be emailed to the City's Project Manager for distribution to City project staff. Ninety percent documents will be reviewed by the City prior to preparation of the 100% documents by CH2M HILL. Task Order 10002D W WTP Odor Control Design Project Page 6 of 6 CH2M HILL • Following 90% Design review concurrence, one stamped electronic (PDF) copy of the Final (100%) Design Drawings and one stamped electronic (PDF) copy of the Contract Documents and Technical Specifications will be delivered to the City's Project Manager for reproduction and inclusion with the bid document solicitation. Assumptions • CH2M HILL will participate in two interim and one final design review meetings. Comments from IDEA on the Preliminary Design will be incorporated by CH2M HILL into the Final Design when the comments are received. • IDEQ review of the Final (100%) Design will be concurrent with the bid process and Team will incorporate IDEQ comments into an addendum, if necessary. No other permitting tasks are included in the final design scope of work. TIME OF COMPLETION/SCHEDULE The following. schedule is based on a Notice to Proceed (NTP) from the City by mid-March 2012 and resulting in Final Design being completed by September 2012. A NTP issued on a different date will change the schedule accordingly. Nlni Description Schedule --Tr; Project Setup and Management • Project Duration Quality Control and Quality • Project Duration Assurance (QA/QC) 3: Project Definition Phase (15% • Project Initiation Meeting—Mid March 2012 Design) • Project Definition Review Meeting—Early April 2012 • Technical Memorandum—Mid April 2012 =sg ¢ Preliminary Engineering and Design Submit Draft PER for City Review— Early June 2012 '4 Phase (30% Design) PER Review Meeting—Early June 2012 �aj,) Submit PER to1DE —Mid June 2012 ?`y Final Design Phase (90%and 100% - Submit to 90% Design to City for review — Mid July 2012 Design) • 90% Design Review Workshop—Early August 2012 •Submit 100% Design for City Comment Concurrence—Early September2012 • Submit to 1000% Design tolDEQ— September 2012 Task Order 10002D VwVTP Odor Control Peslgn Project Page 7 of 8 CH2M HILL ( COMPENSATION The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10002d is one hundred thirty-nine thousand six hundred forty-six dollars ($139,646.00). The hourly rates for services and direct expenses are per the Master Agreement and by this reference made a part hereof. No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Task Task 1 - Project Initiation and Management Task 2 - Quality Assurance/Quality Control Task 3 - Project Definition Phase (15% Design) Task 4 - Preliminary Design/Engineering Phase (30% Design) Task 5 - Final Design Phase (90% and 100% Design) CITY OF MERIDIAN BY TA Da Council Approval Date: IJii% oL�� Attamz�4f t/ CLERK Approved daasstto, Content BY: KEITH WATTS, PURCHASING MANAGER Dated: VZ 7 Task Order 10002D VWVTP Odor Control Design Project CH2M HILL $28,777 $13,607 $6,974 $18,890 $71,398 Total $139,646 city of SEAL Z rtment Approval WARREN STEWART, ENGINEERING MANAGER Dated: Page 8 of 8 Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Approval of 2012-2013 BeerA ine/Liquor Renewals The Curb 1760 S. Meridian Rd. B/W/L Buffalo Wild Wings 3223 E. Louise B/W/L A New Vintage Wine Shop 1400 N. Eagle Road # 104 B/W Shari's Restaurant 895 Progress B/W Maverik #410 1630 McMillan B Maverik #233 1605 Cherry Lane B Maverik #343 1545 E. Overland B Albertson's # 180 3301 W. Cherry Lane B/W Albertson's #164 20 E. Fairview Ave. B/W MEETING NOTES +Yippvnv eol Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY . SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Public Hearing: Proposed Julius M. Kleiner Park Fee Schedule of the Meridian Parks and Recreation Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 7:00 p.m. on Tuesday, April 3, 2012, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2012 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Julius M. Kleiner Memorial Park ShelterA-1 orB-1 Rental (1-200 people) $100 ShelterA-1 or B-1 Rental (201-300 people) $150 Shelter A-1 or B -I Rental (301-400 people) $200 Shelter B-1 Rental 401-500 people) $250 Shelter A-2, A-3 or A-4 Rental (1-50 people) $50 Shelter A-2, A-3 or A-4 Rental (51-100 people) $75 Special Event Full Da (Includes Shelter A-1 and grass area. Up to 1,000 people.) $500 Special Event Full Da (Includes Shelter A-1, A-2 and grass area. 1,000-2,000 eo le.) Special Event Full Day (Includes Shelter A-1, A-2, A-3, A4 and grass area. 2,000-3,000 people.) $750 $1,000 Special Event Full Day (Includes Shelter A-1, A-2, A-3, A4, B-1, bandshell and grass area. 3,000+ people.) $1,500 Bandshell (Up to 500 people) $300 Bandshell with Shelters as needed (500+ people) $500 Shelter A-1 and B-1 BBQ Grills(per time block) $50 Shelter A-1 and B-1 BBQ Grills Full Da $75 DATED this 16th day of March, 2012. PUBLISH on March 19 and March 26 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE April 3, 212 ITEM # PROJECT NUMBER PROJECT NAME Kleiner Park Fee Schedule PLEASE PRINT NAME CITY OF 7A FOR I AGAINST I NEUTRAL Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Resolution No. /a— A Resolution Adopting the Julius M. Kleiner Memorial Park Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. /.;t - NS� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311 A, on April 3, 2012, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit,4 hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. 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 3rd day of Aril, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of April, 2012. APPROVED: 144 ee ,Mayor ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 or 1 Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Clerks Office: Discussion and Proposed Budget Amendment Regarding Processing Passport Applications at City Hall MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS N O N M Q Q 4=J LM 0 0 0 cn i ca ;T w 0 N 7 m m U3 m 0 ou c v G7 m .i D m Z v m z --4 In O 9 0 i 0 c 0 X (D N a C71 O co 0 co <v ' N �°'n N na n �s ^ o3n O $u3 Sw mO Q CD 8o Dcj B3 w3 B; w wEp - cr m n f a} C .-« ca m W' ( T cCD 3a a m o n6 .. 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Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 10A PROJECT NUMBER: AZ 09-006 ITEM TITLE: Ordinance No. Id - 667 for the Annexation of Two Parcels of Land Located in the SE 1/4 of the NE 1/4 of Section 30, Township 4 N, Range 1 E, of Meridian Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-4 (Medium -Low Density Residential) and Providing an Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 1 BOISE IDAHO 04104/12 12:45 PM DEPUTY Gall Garrett RECORDED-REQUESTOF III IIII'IIIIIIIIIII'�II�I'I�'III��III Meridian City 112930612 CITY OF MERIDIAN ORDINANCE NO. 507 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 09-006 Bl) FOR ANNEXATION OF TWO PARCELS OF LAND LOCATED IN THE SE % OF THE NE % OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (MEDIUM -LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Descriptions herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Bl, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Medium -Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — B1 (AZ 09-006) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map withthe State Tax Commission ofthe State of Idaho. SECTION 9. 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 lel day of 2At , 20_. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 20_. �A09-���L7 MAYO MY de WEERD ATTEST: — — crryof JAY L. HOLMAN, CITY CLE E IDIAo rt SEAL ANNEXATION — B1 (AZ 09-006) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this 3 day of A % N , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor a nd City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "Oex JO -'L TE (SEAL) ; cp? AR 'n `,•. NU ARY PUB IC FOR IDAHO RESIDING AT: �P vi ala rl . I D MY COMMISSION EXPIRES: 2 OI y P .�,y�,E OF t�•' ANNEXATION — BI (AZ 09-006) Page 3 of 3 A, A exationLegalDescriptions Ledal Palre1�5Q58�14145b ApartrltretnglocaledInthe SE'/toftheNEI%ofgeQllenSOT' fllp4Noith,Rargf 1Fu 8210101'#Aetldlgrr,cltyo4.Mdrfd1pn,Ad9Gdtiilty,ttlslio;•pndtnWe. p Ipdylteoptlbe]es{ogptiyg;. Conon ndb0 'et a breva can mondment matktiw':6re nominalist aamar rit inia a m At mid. Therare 00137'25'W atong,lhe eaeledy baumlefy of e¢ta NE Na dletenoa q 1326,62 foo ton 6/0 ", *tlina(ai Iron pin mandng the nmiheaetbemw of p4l9E Siof tlN 1*5 )041 Thence , sold nodharly bouodeyS 0'67'66'-w afoflg,yre weelatfy-,bourtdery of veld Yrte Reserve SuB Melon a tltetanee of 3324'" fo 4 616 lnph tUdmetar hon pM maddn0 the, aouthwtistmriterof�nitlThaReeehiBSuhtlNkligi; Th9Ml91sping said westerly boundary NBg'b0:1f';W a dhlertits of$A7.6i foal to'a ppink' Th** N 0031'al' l_ along a Ilno belop 10,001M eD*dy of and 0011191 to the fflow' y boundary' of paid sF Y. of the WE y a dWmm ad 3SZ32 hat td P 00110 onOrp nnr6iairy- boup7laryolaald BEY of the NE The11CB $-66°48'37° I_:along void northerly ¢suadary bf bald 6E-16 of thB NE 4, void nodheily; boundary. tlo.belnp the eovyraAy boundary d[L)fbstborou®h 00bo Jeloo psehou erin Be 67' of Pldte V09aa WA. retards of Ada doutdy, A i0atattca r�tldt1.13 fast to lha PWIT Op BE8INNIND TNapeYaeltAntelna ^.B4 acres; cUhtda W, I�aheen, FLS I-ana.$Wuuona, Fc nu6ust.�9, xd0s /1 gyewri`Y�iOvaL SLP 012009 K,9AU''Us o: ktid Y.f 71rraaa42Wd. ee 6 The Reserve No.2 SuttdMslon Pier ISOM0141"O A parcel bear g locatcd In the. SE % sf the NE h of Sbodon 30, Township 4 Nodh, Range 1 East, 0*0 Nlstldlan. City of Merldfwl; Ada Wanly ly Idaho, and more padlculj* degmWed w follows: Commencing at a brava cap monument marft Ota northeast tourer of the NE Y of sold 8001101130. from which an aluminum cap monument magi tg the southood comer of tris NE Y. of said Seallon 30 boars 6 0°37'28° W a dlelance of 29ce:87fool; Thence B 0"3T2T W along the eastarty boundary of said NE Y. a distance of 1329.32 feat to a 319 inch diameter Iron pin merldng the northemd comer of aald SE Y. of the NE Y.; Thence leaving said eastody boundary N SQ 49'37' W along Ore northerly boundsry of sold SE 14 dtho NE Y e dlstenca of 1904.01 feel to the POINT OF BEOINNINOI Thence leaving sold nodhody boundary S 003111' W viong a gne being 10,00 feat eealedy of and parallel to the %% ,stony boundary. of sold SE K of the NE % a dlWance of 332.32 feel to a pft Thence N 89.80'11 ` W e dletonce of 10.00 feetl0 a 818 inch diameter con pin on the wasterty boundary of sold 9E V. of tha NE Y.; Thence N 0'31'31' 1_ along said wed" boundary a dldaece of 332.32 feet to a ON Inch dlametorhon pin mn: Idng the nonhwast comer of sodd SE 140l i to NE 14: Thence 8 89'48'37° E along the norlho* botmdary of sold' SE Y. of the NE w a distance of 10.00 feet to the 130': rT CI' t:GINNING. This parcel oonolna 0.08 acres (3,323 square feat) CBtdon W. Hensen, 1'L8 Land Solutions, PC August 28, 2000 nEVV fly _.t._ --- '. '13 012069 � � Wof'As vzPta .2. hss a. $Uhmwms run 2 Jos No. 08-34 _. .:��Y. A i h,".r 3 _... _ .. . N 0'1' C ? AND PUBLISHED SUMMARY OF O,LDI rd,', NCE PURSUANT TO I.C. § 50-901(A) CITY O t N1 21 _[DIAN ORDINANCE NO. la-- 15 n �7- PROVIDING FC tt ANNEXATION AND ZONING ORDINANCE An Ordinance of the Ci(:, o f Meridian granting annexation and zoning for two parcels of land located in the SE'/4 of the Jr '/ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idal o. h.:;e parcel contain 5.02 acres more of less. Also, these parcels are SUBJECT TO all easen:enlr ai l rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on ui :actual field survey. A full text of this ordinance is available for inspection at City Hall, Cite of i:4cridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effect; o i the q day of A Vcj 20 M 4C of *��� Mayor City Council By: Jaycee L. Holman, Cil CI. I: XI`0 $QCgAT204%G�. !y City of Q" IDIAN IO4N0 SEAL First Reading: Adopted after first reading I y :+ nsion of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MER D!, I ' ITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF OR )II' ,I CL NO. la. - 150--�- The undersigned, \1 III: it -1\4. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is ti lc, al advisor of the City and has reviewed a copy of the attached Ordinance No. —Q - 1!5 0 hof ; he City of Meridian, Idaho, and has found the same to be true and complete and provides idc, -,,1 c notice to t#c public pursuant to Idaho Code § 50-901A (3). DATED this q do 0" ii'iY'^L '20 JU 1. William. L.M. Nary City Attorney ORDINANCE SUMMAI ]' -1'. (A-71 09-006) Meridian City Council Meeting DATE: April 3, 2012 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS