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Home My WebLink About2005-11-22 Revised 11-22-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 22,2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho ''Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City CouncN are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: ~ Shaun Wardle ~ Christine Donnell ~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop 151 3. Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: 4. Adoption of the Agenda: Approve as Revised 5. Consent Agenda: A. Approve Minutes of October 18, 2005 City Pre-Council Meeting: Approve B. Approve Closeout Documents I Agreements for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-1II-01-SR: Approve C. Construction Agreement with Hillside Landscape Construction for Autumn Faire Park: Approve D. Sanitarv Sewer Easement Aareement for Sutherland Farm No. .9.: Approve E. Water Main Easement Aareement for Marce Subdivision: Approve F. Development Agreement: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Meridian City Council Meeting Agenda - November 22,2005 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11-22-05 Subdivision by Michael Arnke - 2070 West Pine Avenue: Approve 6. Department Reports: A. Public Works Department - Len Grady 1. Update on the Bidding of Projects for Public Works: Approve to Deviate from purchasing policy 7. Items Moved from Consent Agenda: 8. FP 05-066 Request for Final Plat approval for 4 commercial building lots on 9.09 acres in a C-G and I-L zone for Porky Park Subdivision No.1 by V.J. Joint Venture - south of Pine Street and east of North Eagle Road: Approve 9. FP 05-067 Request for Final Plat approval for 11 commercial building lots on 25.47 acres in a C-G and I-L zone for Porkv Park Subdivision No.2 by V.J. Venture - south of Pine Street and east of North Eagle Road: Approve 10. Continued Public Hearing from November 1, 2005: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Approve and Accept recommendation of paz Commission for Denial 11. Public Hearing: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Deny 12. Continued Public Hearing from November 1, 2005: CUP 05-036 Request for a Conditional Use Permit / Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Deny 13. Public Hearing: TE 05-010 Request for a one year time extension to record the final plat for Setter Cove Subdivision by Tealey's Land Surveying - 2100 East Leighfield Drive: Continue Public Hearing to December 6, 2005 14. Resolution No. 05-493 Approving Collective Bargaining Agreement between the City of Meridian and the Meridian Firefighter's Union, IAFF, Local #2311: Approve Meridian City Council Meeting Agenda - November 22, 2005 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 11-22-05 15. Ordinance No. 05-1202 : AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: Approve 16. Executive Session per Idaho State Code 67-2345(1)(c): Meridian City Council Meeting Agenda - November 22,2005 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. Revised 11-22-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 22, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho ''Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: ~ Shaun Wardle )( Christine Donnell o Charlie Rountree ---x- Keith Bird - ~MayorTammydeWeerd 2. Pledge of Allegiance: l30lj J~ Tf-(J(/f IS-( 3. Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: rlt:uf prtJdt:tIn..vh~ f;r- ""'~rfJivi1LJ ~'1 frPJi'4~fV1; Uy,co/w 4. Adoption of the Agenda: aflroVtt tf(;; reVlktG 5. Consent Agenda: A. Approve Minutes of October 18, 2005 City Pre-Council Meeting: a fll' r<:'trc..:> B. Approve Closeout Documents I Agreements for Meridian Sr. Center Rehabilitation Proiect ICOSG 04-1II-01-SR: Ct.~fYt? V..f.- C. Construction Aareement with Hillside Landscaoe Construction for Autumn Fake Park: CVPfYllVJl- D. Sanitarv Sewer Easement Aareement for Sutherland Farm No. ~: aff"'() v(. E. Water Main Easement Aareement for Marce Subdivision: tlipfrtJV'<- F. Development Agreement: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: t1ifrvJC- Meridian City Council Meeting Agenda - November 22, 2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the pUblic meeting. Revised 11-22-05 6. Department Reports: A. Public Works Department - Len Grady 7. 1. Update on the Bidding of Project$ for Public Works: ... tvj7flY79 fJ-t.- feJ d.e (/) ~ -Ir t!JP1- ~ 1t.Vt o/t4..f I'h;-"j I? v/~ c 0/ Items Moved from Consent Agenda:/JoA.e.... ~ Ct?;?vf'/'j W/~-IL dhfc- CP~ rr;;-r '/1vt-.e.e- ;n-o JL 0'17 FP 05-066 Request for Final Plat approval for 4 commercial building lots on 9.09 acres in a C-G and I-L zone for Porkv Park Subdivision No.1 by V.J. Joint Venture - south of Pine Street and east of North Eagle Road: CJyJph:w.e.> 8. 9. FP 05-067 Request for Final Plat approval for 11 commercial building lots on 25.47 acres in a C-G and I-L zone for Porky Park Subdivision No.2 by V.J. Venture - south of Pine Street and east of North Eagle Road: 4(/p7'c'V.e- Continued Public Hearing from November 1, 2005: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: ~. _ _/A ~ tft;Jj'lrPVJL facc-epr re(A7trv~pr;f-llJyv of jJf?Ct:7vv ~ f7TY vlx.41J Public fiearing: PP 05-032 Request for Preliminary Plat approval of 21 single famlly residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: dRA-J - I)-plvo! L d~jl.-ICd.f1-tryyl. jJl Z (~v Continued Public Hearing from November 1, 2005: CUP 05-036 Request for a Conditional Use Permit I Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: de-^,~ Public Hearing: TE 05~010 Request for a one year time extension to record the final plat for Setter Cove Subdivision by Tealey's Land Surveying - 2100 East Leighfield Drive: CO)1, nn w.e....- fJ / A fo ~Ct 6/ ZP() 5 Resolution No. tJ 5 - 4q 3 Approving Collective Bargaining Agreement between the City of Meridian and the Meridian Firefighter's Union, IAFF, Local #2311: ttpjl'n91/t.(. Ordinance No. (J 5" - 12 tJ 2 AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: UfflY1JV\C- E)<fcu!-ive SeS.r/~ 67-2345 (tJ(c): ~ \'l.L> 10. 11. 12. 13. 14. 15. (6. Meridian City Council Meeting Agenda - November 22, 2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. December 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT December 13, 2005 ITEM NO. 5-8 REQUEST Approve Minutes of November 22,2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEfT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER ~EPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTH ER: fA rrB~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meetina November 22. 2005 The regular meeting of the Meridian City Council was called to order at 7:05 P.M., Wednesday, November 22,2005, by Mayor Tammy de Weerd. Members Present: Mayor, Tammy de Weerd, Shaun Wardle, Keith Bird, Charlie Rountree and Christine Donnell. Others Present: Ted Baird, Will Berg, Anna Canning, Len Grady, Bill Musser, Ron Anderson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. ~ Shaun Wardle ~Christine Donnell --2L- Charlie Rountree ~Keith Bird ~ Mayor Tammy de Weerd De Weerd: Okay. We will go ahead and call the City Council meeting to order. It is Tuesday, November 22nd. It is five minutes after 7:00. I'd like to welcome you all here tonight, the day before Thanksgiving Eve. What a great way to spend it. And welcome to Troop 151. I will open this meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Okay. Item No.2 is the pledge of allegiance and tonight we will be led in the pledge by Troop No. 151. (Pledege of Allegiance recited.) Item 3: Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: De Weerd: Thank you, boys. If you will hold on for a second. I do have one of our pins to give you. And thank you for leading us tonight. Thank you. Okay. Item NO.3 is our community invocation. If you will, please, join us in the community invocation or take this as an opportunity for a moment of silence. Tonight we will be led by Pastor Kevin Moyer with the Meridian First Baptist Church. Moyer: And if it would please the Honorable Mayor, I have a proclamation that President Lincoln actually gave when he first established this. It's not too long, if it would be okay to read that. De Weerd: That sounds great. Meridian City Council November 22, 2005 Page 2 of 27 Moyer: I thought it would be. It's really neat. I don't know how many of you realize back in the 1620s when the first pilgrims met for that thanksgiving dinner it never became a tradition in any of the colonies -- De Weerd: Pastor, if you could speak into the microphone. Moyer: So they can hear. So I can't really look at anybody. De Weerd: You can turn it around. Moyer: No. That's okay. De Weerd: You can turn the speaker -- or the microphone or podium. There you go. Moyer: Thank you. In any event, I think it's pertinent. Washington, in the 1780s, actually made a thanksgiving proclamation of sorts, but it never became a tradition either until President Lincoln did and in 1863 he wrote this for his proclamation and made it official. He said: The year that is drawing towards its close has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which they come, others have been added which are of so extraordinary in nature that they cannot fail to penetrate and soften even the heart which is insensible to the ever watchful providence of Almighty God. In the midst of this civil war of unequaled severity, which has sometimes seemed to foreign states to provoke their aggression, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed and harmony has prevailed everywhere, except in the theater of this military conflict. While that theater has been greatly contracted by advancing armies and navies of the union, needful diversions of wealth and of strength from the field of peaceful industry to the national defense have not stopped the plow, the shuttle, or the ship. The axe has enlarged the borders of our settlements and the mine as well as iron and coal, as of the precious metals, have yielded even more abundantly than hitherto for. Population has steadily increased, notwithstanding the waste that has been made in the camp and the siege and the battlefield and the country rejoicing in the consciousness of augmented strength and vigor, is permitted to expect continuance of years with large increase of freedoms to come. No human council hath devised, nor has any mortal hand worked out these great things, they are the gracious gifts of the Most High God, who, while dealing with us in answer for our sins, hath, nevertheless, remembered mercy. It has seemed to me fit and proper that they should solemnly, reverently, and gratefully acknowledged as with one heart and one voice by the whole American people. I do, therefore, invite my fellow citizens in every part of the United States and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next as a day of Thanksgiving and praise to our benefactor Father who dwelleth in the heavens. And I recommend to them that while offering up the ascriptions justly due to him for such singular deliverance and blessings, they do also, with humble penitence for our national perseverance and disobedience, commend to his tender care all those who have become widows, Meridian City Council November 22, 2005 Page 3 of 27 orphans, mourners, or sufferers in the lamentable civil strife in which we are unavoidably engaged and, further, I employ the imposition of the Almighty Hand to heal the wounds of this nation and to restore it as soon as may be consistent with the divine purposes to full enjoyment of peace, harmony, tranquility and union. By President Abraham Lincoln, 1863. Interesting how they thought, talked, and formed and forged their words, but excellently said. Let's return thanks at this time. Father in Heaven, we are thankful on this Council meeting night, as we draw to this Thanksgiving Day, for your great hand of mercy upon us as a nation, your goodness to us, and your hand of bounty that has blessed us so much. Father, we are very aware also of the time of warfare that we are undergoing. We are so sensitive to many of our men and women in harms way serving overseas, especially in Iraq. Father, we pray for your protective hand and your watch care on their lives and we do pray that we can see that country come to be able to take over their own issues, that our boys can finish a job and, then, at the right time come home. Give them a blessed Thanksgiving there and a blessed Christmas. Be with the families that are away. Father, especially those who have become widows because of the casualties of that war and I pray your special strength to them as we commit them to you. Thank you that we can have freedoms to enjoy these kinds of times and the blessings that we have here in Idaho and the great benefits that we have in and around Meridian and the wonderful growth you have brought to us and the freedoms we still enjoy. Might tonight bring honor to you as we conduct this business. Give us wisdom and discernment we ask and we will be pleased to give you the praise and thanksgiving for all that you have provided us, in the name of our Savior Christ we pray, amen. Thank you for your patience, Council. Item 4: Adoption of the Agenda: De Weerd: Thank you. Thank you for sharing that. Certainly we have much to be thankful for and if any of you went to the Hymns of Thanksgiving performance that were held on Sunday, Monday, and Tuesday night -- tonight's the last night, it reminds us of the sacrifice of freedom and the price that is often paid, but what a great tribute. So, thanks for your words. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have one request to add a -- on the regular agenda Item 16, an Executive Session, as per Idaho State Code 67-2345(1 )(c). And with that I move that we approve the revised agenda. Donnell: Second. De Weerd: Okay. Motion to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Councll November 22, 2005 Page 4 of 27 Item 5: Consent Agenda: A. Approve Minutes of October 18, 2005 City Pre-Council Meeting: B. Approve Closeout Documents I Agreements for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-1II-01-SR: C. Construction Aareement with Hillside Landscape Construction for Autumn Faire Park: D. Sanitarv Sewer Easement Aareement for Sutherland Farm No. ~: E. Water Main Easement Agreement for Marce Subdivision: F. Development Agreement: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Donnell: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department - Len Grady 1. Update on the Bidding of Projects for Public Works. De Weerd: Thank you. Okay. Item 6. I will turn this over to Len. Meridian City Council November 22, 2005 Page 5 of 27 Grady: Madam Mayor, Members of the Council, I wanted to talk briefly about the bidding requirements, in particular for informal bidding. Currently, the state has increased the informal bidding limit from 25,000 to 100,000 dollars and the city requirements still are 25,000 dollars. Brad and Stacy are working to increase that limit from 25 to 100, but prior to that time I'm asking for waiver of that limit on three projects, three Public Works construction projects. Ten mile and Linder pressure sewer. The Landing lift station. And Eagle and Franklin water line. All three of those projects are due to bid January and by allowing us to increase that up to the 100,000 dollars, it has a significant impact on our schedules, allowing us to get those bids out quicker. In the future Brad and Stacy will come with a full formal request to increase the city permanently to 100,000 dollars. So, what I'm asking for tonight us just to waive the Public Works construction bidding limit on those three projects. De Weerd: Okay. Council, we will be bringing back to you the changes necessary to our ordinance to fit within the city code, so staff doesn't have to come each time on this. But these projects are extremely important as far as the timeliness of them and they will be back in front of you on December 6. So, we are just asking for your approval to go ahead and get informal bids, so we can move forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Len, I do understand this bidding process and I -- you are working right now to get some bids for December 6, two weeks, that will be for us -- coming before us for approval of a contract? Grady: We would be working towards getting those bids out and approved early in December. In other words, the award of the bids would be in January. Bird: So, what we are talking about is we are -- we don't have to advertise and have -- De Weerd: A formal package. Bird: -- a formal package out, is what -- this is the change from 25 to 100,OOO? Grady: Correct. And, in particular, two of those projects are for the south bottleneck, we are calling it -- in other words, it will allow us more capacity in the south. So, we want to move quickly and we feel that if the state has relaxed those for public works construction projects, that it sure would help us in the short term. Bird: They -- follow up, Mayor? De Weerd: Yes. Meridian City Council November 22, 2005 Page 6 of 27 Bird: They will -- and this is for public -- this is for -- on record. They will still have to have the appropriate license. Grady: Correct. Bird: Okay. This is one Councilman that has no problems with it. I firmly trust your and Brad's judgment. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: Len, how long has the state had the 100,000 dollar bidding requirement; do you know? Grady: I believe it went in effect July. I couldn't say for-- Donnell: Of this year? Grady: Yeah. Donnell: Okay. De Weerd: Okay. Any other questions, Council? Does Council feel comfortable with staff moving forward in this fashion? Donnell: Uh-huh. Bird: This Councilman does. De Weerd: Mr. Baird. Baird: Madam Mayor and Members of the Council, I'd recommend that you have a formal motion allowing deviation from the city's current purchasing policy for these projects, but requiring adherence of state code requirements. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing that, I move that we do have a deviation from our ordinance for three projects for Public Works, but they are to stay within the guidelines of the Idaho State Code regarding bidding. Wardle: Second. Meridian City Council November 22, 2005 Page 7 of 27 De Weerd: Okay. The motion is to go ahead and move forward with the deviation in policy. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. Thank you, Len. There were no items moved from the Consent Agenda. Item 8: FP 05-066 Request for Final Plat approval for 4 commercial building lots on 9.09 acres in a C-G and I-L zone for Porky Park Subdivision No.1 by V.J. Joint Venture - south of Pine Street and east of North Eagle Road: Item 9: FP 05~067 Request for Final Plat approval for 11 commercial building lots on 25.47 acres in a C-G and I-L zone for Porky Park Subdivision No.2 by V.J. Venture - south of Pine Street and east of North Eagle Road: De Weerd: Items Band 9 are FP 05-066, and FP 05-067. We do have letters in front of Council from the applicant adhering to staff comments. Anna. Canning: Madam Mayor, Members of the Council, as you stated, we do have letters of agreement. Staff would recommend approval. De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Items No. Band 9, FP 05-066 and FP 05-067. Donnell: Second. De Weerd: Okay. The motion is to approve Items 8 and 9. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Continued Public Hearing from November 1, 2005: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-B zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Meridian City Council November 22, 2005 Page 8 of 27 Item 11: Public Hearing: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: Item 12: Continued Public Hearing from November 1, 2005: CUP 05-036 Request for a Conditional Use Permit I Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: De Weerd: Thank you. Items 10, 11, and 12 are continued public hearings from November 1 st for AZ 05-033 and public hearings on PP 05-032 and a continued Public Hearing from November 1 st for CUP 05-036. I will open Items 10, 11 and 12 with staff comments. Canning: Madam Mayor, Members of the Council, this is the Banff project. It's located south of Franklin by about a half mile and it's on the west side of Linder. It is as -- actually, as you can see from the zoning map it's -- actually, the parcel to the north is not annexed, nor to the south. The one to the west is an elementary school site, which you will see here. The applicant has submitted a request for annexation and zoning, preliminary plat, and conditional use approval for a planned unit development. The applicant's original request was for 21 building lots and seven common lots on 2.91 acres. The current request is for 16 single-family residential lots and five common lots, still on 2.91 acres. And this was -- this new preliminary plat was submitted September 16th. The Conditional Use Permit for the development is for -- I have a color one here. I had a color one. Somebody took it off. Okay. Sorry. It's for reduce lot size and reduced lot frontage. The lot size varies from about 4,000 square feet to a little over 5,400 square feet and, then, there is one large lot that's close to 18,000 square feet that holds the existing home on the property. And those lot sizes, the 4,000 to 5,400, are akin to the R-15 zone. The original gross density was 7.2 dwelling units per acre. In this revised plat it's 5.5 units per acre. If you take out the -- the large lot on the end, the gross density is 6.0 dwelling units per acre. The minimum requested street frontage is 45.5 feet. And there are 11 lots at approximately 52 feet. So, most of them are in that 52 foot range. The minimum for the R-8 is 65 feet. The applicant has also requested interior side setbacks that -- that there are basically seven feet between -- or six feet between garages and, then, seven feet between living space. So, you would have a total of 14 feet between two homes. All other setbacks in front show -- would be as required in the R-8 district. The main amenity for this project for the planned development is a seating area with picnic structure. They are also proposing a pathway connection to the school. We haven't heard from the school district. There is currently a chain link fence with no opening at that location. Another item of discussion was with regard to this general area of development. As you know, the city has gotten complaints that when Linder is blocked off there is no access to these homes from another route. The planning department is working to connect a stub street that's right Meridian City Council November 22, 2005 Page 9 of 27 underneath the E -- sorry about that. It's right on that compass symbol. That would be not a permanent access, right now it's just a temporary access. It would come from Waltman, which is a -- kind of a constrained intersection, so it would get emergency to there, but we are not clear on when there will be a permanent road access to their full access. So, in the initial recommendation staff did recommend denial due to the number of planned development requests for exceptions to the dimensional standards, the lack of transitional lot sizes. As you see with the surrounding properties, this one did annex and split. They are larger lots. And there is various developments around them, mostly larger lot sizes than what's being proposed, but immediately north and south there is -- there are no smaller homes. And staff was always concerned with this very narrow one, how it would redevelop in the future. The lack of on-street parking, given the lot size in the area, and also the possibility of impeding future development, which is the one to the north, as I spoke. We do have elevations. The units being proposed are quite attractive. The Planning and Zoning Commission has recommended denial of all the applications. As you know, the preliminary plat originally kind of stops once it's been denied at the Planning and Zoning Commission, but the applicants filed an appeal. The effect of that appeal was to have that preliminary plat included as part of your decision tonight. This has had a number of hearings at the Planning and Zoning Commission. 11m just going to hit the dates, just -- just so you know. It was originally heard on August 4th, then, August 18th, September 18th, and, then, August 6th. At those hearings Dave McKinnon and Scott Beecham spoke in favor of the application. Jerry Hihath, who lives off of Linder, spoke in opposition. The key issues of discussion by the Commission were the density of the site in relation to the surrounding properties, the size of the lots in relation to the surrounding properties. The Linder Road access and future developments along Linder Road prior to the overpass being constructed. Lack of fire protection south of Ten Mile Creek. The fact that the project is not an in-fill development. The submission of the planned development for a very small site. Future problems for annexation and development of adjacent properties. And the lack of public road access to the parcel north of the site. The key Commission changes to staffs original -- the original recommendation were that the Commission added the finding that the project is premature for development in the general vicinity until such time as the Linder Road overpass is operational and the nearby undersize parcels have a development plan. And with that I will end staff's presentation. De Weerd: Council, any questions for staff at this time? Bird: Madam Mayor, I do. De Weerd: Mr. Bird. Bird: Anna, what size lots are these? Four thousand -- Canning: They range -- the smaller ones range from 4,000 to -- to 5,400. And, then, the large one on the end is close to 18,000. Meridian City Council November 22,2005 Page 1 0 of 27 Bird: And you're recommending denial of this? Canning: Yes, sir. Bird: Okay. De Weerd: Okay. Any further questions. Is the applicant here? McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber, Meridian, Idaho. Well, Happy Thanksgiving. Get that out of the way really quick. I wish I had the color drawing. You guys all -- I handed out copies of the color drawings to everybody. Hopefully you have got those. I brought them over to Barb today and she tried to put those on. Obviously, it didn't work out really well. So, Anna, can you go to the aerial real quick. I'll get to the nuts and bolts of this project real quick. Start off with the aerial and we can talk a little bit about the color drawing here in a minute. What we have, basically, is a 2.91 acre piece of property, the black outlined area right here, adjacent to Peregrine Elementary. Anna pointed out that she hadn't heard comments back from the school district. I, actually, went in and sat down and talked with Eric Exline and met with Wendell Bigham, said tell me a little bit about the school, whether or not you guys would like to see an access from this site to that and they said, absolutely, we support that, and we would like to see an access from whatever develops there to come over. And I said so what's the capacity like at that school, are we going to be adding a whole lot of kids to the school and he said, you know what, Dave, it's kind of funny, this school is built for 650 and we have got 600 kids in it. It's one of the only schools in Meridian that's actually operating under capacity. So, we actually have a school in the City of Meridian that's actually operating under capacity and they said it would be great to have a few more kids. But the more we talked about it, the more we decided that this type of development probably wouldn't increase the number of kids, because of what we are trying to do with this development. It's not a development to try to attract more and more families to the City of Meridian, it's to provide people with options in the City of Meridian. Right now there is a whole lot of family housing in Meridian, not a lot of step down housing for people that want to have a smaller home that's nicely appointed. There is not a lot of homes available for first time buyers the way prices have gone up in the City of Meridian. It's rare if you can find a house in the City of Meridian now for under 200,000 dollars. So, we decided to take a look at this piece of property. Obviously, Scott and I got excited when we saw this piece of property, saw it has some potential. The Comprehensive Plan says this piece of property should be developed at three to eight units per acre. But when we first saw this piece of property and the way it was listed with the real estate advertising, was it included this property to the north, the 66-foot wide piece of property. If you add that 66 foot wide piece of property to this site you would have over 250 feet in width, which makes it perfect for development, because you can put a 50-foot right of way down the middle, 100-foot deep lots each direction off of that. A double loaded house -- double loaded street, deep housing, it would have worked great. But the people to the north, after the offer was made, decided they did not want to sell. We have made attempts since that time to work with them to try to bring them in and say we'd really like to work Meridian City Council November 22, 2005 Page 11 of 27 with you on this site. They don't wish to develop. We have no hammer to force them to come to the table and develop with us at this time. Sixty-six feet wide makes it very difficult for them in the future to even bring a road in. The smallest road section you can have in the City of Meridian is a 42-foot wide right of way with a 29-foot street section. If you do that on a 66-foot wide lot you can't make it work. So, we decided to try to work with that and work around it. We have done a few things with the layout with that. So, we lost this piece up here, couldn't force that to happen. The property to the south is owned by a elderly widow, the Hihath's mother. You mentioned that Jerry was here to testify. He's not here tonight. I talked with him on his cell phone a couple days ago. He's out of town, but his brother is here tonight to testify. The mother would like to stay in this house. It's where she's been years and years. We can't force them to develop. So, we have got a piece of property, someone who wants to sell. The land is, obviously, worth more for development than it is as a piece of property that's three times -- over three times as long as it is wide. This piece of property is just under 200 feet wide by itself and over 639 feet in length. If we can go to the -- the next slide. Canning: Mr. McKinnon, I have the color photo, if you would like that or do you want -- which one do you want? McKinnon: Color would be great. Thanks, Anna. What we decided to do with this -- and this -- actually, we met an awful lot with staff, we met with the neighborhood -- as you remember from what Anna said and what your report says, we originally tried to get 21 units onto this site, tried to maximize this site out, tried to get everything we could out of it. Had a meeting with the neighbors and a few of the neighbors we aghast at the density after we submitted and we said, all right, let's pair it down. So, we came back at one of our P&Z meetings and we said, all right, let's go down to 18. At that meeting P&Z said let's make it a little bit smaller, let's try it again, let's get rid of one more on the north, one more on the south. So, we narrowed it down to 15 more units on this site, with the one existing house. Lots and lots of discussion with staff about what we can do with this 66-foot wide piece of property to the north. There is an existing house directly to the north here. We have got a small narrow entry here. We have provided an access, basically, a cross-access here to provide access, so they won't have to access it off of Linder Road in the future and at staff's recommendation we added a hammerhead at this location, rather than a stub street, and provided the cross-access at this point to allow the two properties -- to allow two lots to develop on the north. We tried to take care of the north. On the south it's over five acres. It's easily developable on its own, but we did bring some pictures of how it could develop, if you would like to see that, so you can see what the whole area would develop like in the future, if you'd like to see those in a little bit. Now back to the design of this site. Like I said, when we were talking to the school district -- what we are trying to attempt here is to do something a little bit different, provide something that's not necessarily -- we don't see a whole lot of in Meridian -- is detached housing on smaller lots. Not everybody needs to have an 8,000 square foot lot and not everybody wants to take care of a large yard, not everybody has a need for a large yard for kids to play in. So, we have got something that's minimum maintenance on the outside, but a high amenity product on the inside, something that's a very nice house, but not necessarily large. And that does two things. Meridian City Council November 22, 2005 Page 12 of 27 One, because it's smaller and it's on smaller pieces of property, it makes it affordable for people that want to move into this. The second thing it does is provide that option. You don't have to live in Meridian and live on an 8,000 to 12,000 square foot lot like you see in most of the subdivisions around it. In addition to that, this density actually comes in to about 5.5 units per acre. The original staff report says 6.19, but since we have reduced it by five, from 21 to 16 lots on this site, it's actually about 5.5, which falls in that mid range between three and eight units per acre. So, we have got these lots. Now, we are kind of ahead of our time and behind our time at the same time. Anna pointed out that the R-8zone, when we submitted, was 6,500 square foot minimums. Since we submitted you have adopted a new Unified Development Code and the Unified Development Code allows in the R-8 zone a 4,000 square foot lot if you have attached housing. So, we talked to your staff about that. If we were to attach these houses together and make them duplexes, they would meet your requirements of your city code, without the requirements of a planned development. So, we were ahead of our time by having smaller lots in the R-8, we are behind the time, because we submitted before that got adopted. But if you were to look at this, attach these units together, you would have a subdivision that would actually meet all the requirements of the R-8 zone without the need for a planned development. But we also felt that -- and with our neighborhood meetings, that -- and working with staff, that a detached project would be more acceptable. If we could take a look at the detached product, Anna. Just go back to those elevations. We have tried to create a cottage product that would, actually, be a very livable product. We have asked for some reduced side setbacks and we have asked for reduced street section, so that it feels closer the street and you come in a little bit closer. This is not the type of development you would see on very large lots. These are a much more compact development style, with the garage on the ground floor, tried to keep that from pulling out to the front, and bring a patio out to make it more livable to the street and that's part of the reason for the reduced street section, besides cutting down on speed of traffic. Anna pointed out that there would be some reductions in on- street parking and there would be a -- it would be restricted to parking on one side of the street and we have asked for parking to be allowed on the south side of the street. We have worked with ACHD on that. So, what we are really trying to do is take a small piece of property and create what would be a neighborhood feel, but in a small area, something that would provide something different than what you see in the City of Meridian right now. Numerous discussions with your Commission. It went back and forth. If you have read the minutes, the chairman felt that he was in objection to this project because it had access to Linder. He didn't want this piece of property to have access to Linder. Unfortunately, that's the only access that we have got to this site. And so if we could go back to the aerial, Anna. What we have tried to do -- we know that Linder Road in the future is going to be a five-lane road, there is going to be an overpass down here. Forty-eight feet from center line, 96 feet of right of way. It's going to be a big road. And so what we have tried to do is shelter the housing behind the existing house and to bring the road in and, then, jog it around. It was an amenity at this location on that color drawing that you have. The gazebo. That way all the housing back in there is actually off of that main corridor that will have a lot of traffic. You will have no houses that back up to that high traffic. Everybody will come off into this site and the existing house would no longer have access to Linder Road as well. We have Meridian City Council November 22, 2005 Page 13 of 27 provided a driveway -- once you come in off the subdivision, you come in around the back side of the house and come back inside. We felt that we would reduce the number of accesses off of Linder Road and we felt it was very appropriate and it falls in line with what ACHD would like to do. ACHD approved this project. In fact, they went so far as to say 20-year work program, started here, went to the overpass, and came off Franklin and stopped at about this location, so this area was not in the 20-year work program. They felt that that was kind of odd that they would have all of the street, except for a small section and they have come forward saying they would like to purchase the right of way for the full section and they'd like for us to go ahead and build the sidewalks in front of the existing house across this whole section and we are more than happy to do that. I talked with Steve Siddoway this afternoon; he's your transportation planner, about the curb -- not curb, but the cross-access out to Waltman Lane. He said that he met with the gentleman that owns the property there, he's very happy to work with us and Steve is working with him right now on some language for that easement and he's on board to provide that secondary access out. In addition to that, off of Waltman Lane there are things that we discussed quite a bit, is that Peregrine Elementary has a roadway that connects with Whitestone Estates and that's where the sewer comes in for the Peregrine Elementary, so there is an additional access out off of Waltman further up to Linder Road. It all ties into Linder eventually, but if you were trying to get out, if there was an accident here, there is still a possibility for these people to get out through the back of the school. We tried really hard on this project to do something that provides some density towards the center of the city. You guys have seen an awful lot of projects lately on the periphery of the city, that's where a lot of the green field development is. These smaller projects, these in-fill type projects -- I know staff doesn't believe this is an in-fill project, but we are surrounded by development, a lot of development, it has the feel of in-fill. It's a smaller project and we have worked hard to try to create something that's different, something that's not inexpensive, but at the same time affordable. These will be nice houses and they will have, you know, strong CC&Rs, to require that. It's small enough that we can control a builder group, so that there is not a group of people coming in and trying to build something that's not what we would like to see in this area. We had -- Jerry came in and had his opposition. Mr. Hihath. The majority of his opposition at that time was the number of houses. We have brought that down to 15. The other item of concern was that he thought the survey was off. And so I have met with Mr. Hihath on site with our surveyor and we have actually walked his property from the property pin on Waltman and Linder and a funny story about that is once we got all done with it and figured out the survey was done correctly, it turns out that years ago his father and the Larry Van Hess's father, they went out there together with a 12 inch tape measure years ago, marked it off where they thought the property line was and they were within inches using a 12 foot tape measure, measuring from the back of Waltman. So, we have spent some time with this. We have had numerous neighborhood meetings. We haven't received a great deal of opposition. The majority of the opposition, again, dealt with, you know, the number. We paired the number back, we have tried to do something with this. We have got some development alternatives. If you have some questions about that, I can show you some ways that this could be alternatively developed. We believe that this is the best use of this Meridian City Council November 22. 2005 Page 14 of 27 property and it would be a benefit to the city in the future. We'd ask for your approval at this time and ask if you have any questions of me. De Weerd: Council, any questions for the applicant? Bird: I have none. McKinnon: Thank you. De Weerd: Thank you. Okay. Is there anyone in the audience who would like to provide testimony on this application? Okay. If you will, please, state your name and address. Lacy: My name is Mel Lacy, 675 South Linder Road, Meridian. De Weerd: Thank you. Lacy: Good evening, Mayor and Council Members. Thank you for the opportunity to speak tonight. I understand that people do not like change and we all wish that some things could stay the way they are forever. When we first decided to sell we spoke with our neighbors to the north of us, they also wanted to sell a portion of their property. But when we received an offer, they backed out. Even after having signed up with a realtor. Our neighbor to the south is an elderly widow, who, along with her children, have no intentions of selling at this time -- to sell her property at this time. My wife and I feel that we should not be penalized for their decisions. We feel that this proposed development would be -- would not be a negative change to this area of Meridian. It has many features that would compliment the school and surrounding subdivisions. We would like to be able to move forward with our future plans and dream and getting this proposal approved would allow us this freedom. We understand there are many people to consider besides ourselves in this situation and we feel that the developer has worked hard to meet everyone's concerns, questions, and also their desires. We truly would appreciate your approval of this project. Thank you. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Is there any other testimony? Hihath: Good evening, Mayor. De Weerd: Good evening. Hihath: Council. 1'm really not the spokesman for the -- De Weerd: If you will, please, just state your name and address. Meridian City Council November 22,2005 Page 15 of 27 Hihath: Jim Hihath. De Weerd: Thank you. And address? Hihath: I'm really not the spokesman for the family, but since my brother isn't here, 1'1[ do it. De Weerd: Okay. If you will also give me your address. Hihath: Well, its 755 South Linder is where my mother lives. I live on the next street, which is 1985 Waltman, which I'll show you here. I live down here. Mom lives here. De Weerd: Thank you, sir. Hihath: Okay. We are really not against the development; we are against the R-8 and the R-4. We think it's a little bit too much just for 2.91 acres. And also the code says that there is supposed to be only 700 dealings per road outlet to let for fire, emergency, and all this. So, I figure if the code says it, then, we ought to stick with it. And as far as my mother goes, it's my choice to let her live there where she raised eight kids all of her life. And if you mention subdivision around her, I'm not going to get any turkey and dressing on Thursday. But we are really not against the development, other than there is too many houses. Those where I live are acre lots. The rest of them all the way around are R-4. If they would just put it like the rest of it is around there, it would be more lucrative in the future for us and for the surrounding area. The R-8 is like stacked houses, is the way I look at it. But, really, that's the only opposition we have to it. De Weerd: Thank you very much. Any questions for Mr. Hihath? Okay. Thank you so much. Regardless of what happens tonight, we do hope you get turkey and stuffing. Hihath: Well, I do, too. I might have to argue it. De Weerd: Is there anyone else who would like to provide testimony on this application? Okay. Thank you. Council, any further questions for staff or discussion? Bird: I have none. De Weerd: Okay. Mr. McKinnon. McKinnon: Thank you, Madam Mayor, Members of the Council. We are already having 23 people over to the house for Thanksgiving. You're invited, so -- anybody else in the audience. De Weerd: I have a 26 pound turkey and only six people to feed, so you're always welcome at my house, too. Meridian City Council November 22, 2005 Page 16 of 27 McKinnon: Members of the Council, land has shot up in Meridian, you guys have heard the same rumors I have and it's the way the world is getting. Land's getting more expensive and we are starting to get to a point now in the City of Meridian land is going to start pricing people out of Meridian and we wanted to provide something that's affordable, something that's nice, something that's an alternative to Hubble-type development, instead of a lot of square footage for a low price, to provide something that's of adequate square footage at a reasonable price with reasonable amenities. There is a number of different ways that this property could be developed. We could do a single lane road that comes in on this piece of property. As you know we could do a half plus 12 road that would, essentially, eliminate the ability to develop the property to the north. We believe that a double loaded street with housing on both sides of the street is, actually, the most appropriate development pattern. It provides more eyes on the street and it provides a better feel for a neighborhood. We have tried to work with everybody in this neighborhood. The Hihaths believe that it is still too dense. If we were to develop this at an R-4 density, the development would not be able to work with the type of design that we have. It wouldn't work with a double loaded street. And we are asking for an R-8 -- an R-8 zoning request. And it's not so dissimilar from some of the subdivisions in the surrounding area. A lot of the subdivisions along this street here and further in Blue Marlin are 5,000 square feet in size. It's R-4, but it was done through a planned development. Those lots are only 5,000 square feet. We are in the range of the area. Your new code allows for 4,000 square feet if they are attached, 5,000 square feet if they are detached. And we have some 5,000 and we have some 4,000. It meets your new code, essentially, without going too far out of the bounds of the new code. Granted, we did submit this application under your old code. We understand that and that's why we have requested an approval for a planned development. If you have any questions of me I would be happy to answer those at this time. Again, Happy Thanksgiving and ask if you have any questions and ask for your approval tonight. De Weerd: I guess I would have a question as to -- my concern is similar to Mr. Zaremba's on the Planning and Zoning Commission and having too many accesses onto Linder, in particular when we get the overpass. By having a lot of access you create more hazards and accidents and that sort of thing. With the stub to the south, do you see that once if the Hihaths ever do sell and develop, that that could necessitate the closure of the access out onto Linder and would that be a condition you would be amenable to? McKinnon: To close that access? De Weerd: Uh-huh. McKinnon: The only concern I would have about it is to try to figure out a way to get an approved turnaround with that. Obviously, there is a way to develop this with the Hihath piece in the future and we have actually drawn that up how it could look with the limited access. The single home right now, if we were to leave it, would have the one access on Linder. There is no way to get rid of it until the property is developed right now. If the Hihath property were to develop, it could develop in this pattern. This is the exact Meridian City Council November 22, 2005 Page 17 of 27 pattern that you see -- you saw before you tonight with 15 lots and the existing single family home. Access is to Waltman. No additional accesses to Linder. This would have a great separation of -- this is almost 200 feet down, the initial 300. So, it's going to meet the 440 that ACHD policy says from road to road on an arterial. You could do that, but, then, we start worrying about the turnaround in this area. You could shut that off in the future. I think you would want to -- if you were to shut that off, provide bollarded access back out to Linder. Right now, you know, if that's the direction you want to go, you definitely could do that. I mean it would still work. You would be taking traffic across -- or like Scott said, that may be a right in, right-out. I don't know how many -- well, as soon as Linder goes across there would be a lot of need to go right out as well. There is some alternatives in the future. De Weerd: Well, we know how those right-outs go. They still try and turn left. McKinnon: You know, Shaun might be able to back me up on this. All the people that try to turn left on Eagle Road coming out of their subdivision, that's really stopped a whole lot more since they have -- since ACHD put in some new paintings and a few other things. This is one thing you can do and I agree with you, it doesn't work. But you could bollard that off. She's laughing and you're smiling. I don't -- I missed something. De Weerd: Everyone loves bollards. McKinnon: So, yes, Mayor, there is a possibility of doing that in the future and we would be amenable to that. De Weerd: Council, any questions for the applicant? Bird: I have none. Donnell: None. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I do have a question for staff. I know this is out of order, but I didn't have it before. So, if I could ask staff a question? De Weerd: Yes. Donnell: Anna, why is this not considered in-fill? Canning: Hold on just a moment and I'll show you. Meridian City Council November 22,2005 Page 18 of 27 Donnell: Okay. Canning: I think the exact definition of in-fill that's in the code that was in existence when this one went in said that a certain percentage of the surrounding properties had to be developed at urban densities or something of that nature. Now, the one to the north is not developed. The one to the -- the two kind of one acre lots just north there aren't really urban density development and, then, the one to the south and all this area to the south. Donnell: Thank you. Canning: I mean it's a little awkward in that it's surrounded, but it's just this one little pocket of undeveloped stuff. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I have a question that either Ted or Anna could potentially answer for me. Have we ever tied the denial of annexation of a property to a specific transportation project? And let back up, Madam Mayor. Anna, you mentioned that the Planning and Zoning Commission added the finding that the property would not be developable until the Linder overpass. Was that correct? Did I hear that correct? Canning: Yes. That was a concern of theirs. Wardle: That was added to the findings? Canning: Yes. Wardle: Okay. Canning: To my knowledge we haven't tied one to a specific project and perhaps Councilmember Bird or Mayor de Weerd could help on that. I think that we sometimes recommend that it's not in the best interest of the city, because there is not transportation or whatever in place to support it. De Weerd: I think it was more that you tie it to another access route. So, it's not project specific, it's more another means of getting traffic out of that vicinity. So, it could be a couple of different things, rather than just one project specific. Mr. Baird. Baird: Madam Mayor, Members of the Council, I was going to add onto that that I don't think that the Planning and Zoning Commission's recommendation for denial was based or tied to any particular project, I think the lack of that project was just listed as a factor in their decision. Wardle: Thank you. Meridian City Council November 22, 2005 Page 19 of 27 De Weerd: Okay. Any further information needed from Council? Okay. I would entertain a motion to close the public hearing on Items 10 through 12. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we close the public hearings on Items 10, 11 and 12. Donnell: Second. De Weerd: Okay. The motion is to close the public hearings on Items 10 through 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion by Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Discussion. After having heard all the information from the applicant and public, I agree with the recommendation of the Planning and Zoning Commission in regards to the project on the density. The one thing that I would -- and I asked the question about whether it's tied specifically to that project, the overpass project. I think the project could work. I mean not willing to limit the redevelopment of this piece of property within the realm of waiting for a transportation project, especially after staff had mentioned that a safety concern could be addressed at some point with an emergency access that they are working on and the Council is working on. So, that really is the only -- certainly, I think traffic would be an issue, but knowing that the transportation plan may take some time, I wouldn't make that part of my consideration. De Weerd: Thank you, Mr. Wardle. And I believe Locust Grove Overpass is not a funded project, at least within the next five years. Canning: Linder, not Locust Grove. De Weerd: Yeah. I'm sorry. Linder. But as Anna stated, we have been working on the secondary access at Waltman, just to the east of all of those houses. I don't know what subdivision that is. Is that Mallard Landing? Donnell: It's Mallard Landing. De Weerd: Any further discussion? Meridian City Council November 22, 2005 Page 20 of 27 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a statement on my part. The density is a little heavy, I think, for when you got 4,000 size lots. Of course, we have approved -- we have had previous ones that Planning and Zoning and the staff approved at 3,300 square feet lots. I -- and I'm sure that the property around it, regardless of what people say, I think Mr. McKinnon hit it right on the head, that the cost of land is getting so high that they have to have high density to put the pencil to it. I, for one, am getting -- I think there is places for the small lots, but 1 don't think Linder Road is one place at that -- out at that location. That's my personal opinion. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: These kinds of decisions I think are really hard, because I have a tendency to believe that that's exactly what we ought to be doing with small lots like that is to find a way to make them usable and provide housing for folks that can't afford to have bigger size lots. So, as I listened to the applicant, you know, I was -- my thinking was going more in line of approval. They look like they are going to be nice homes. I don't know about the issue of being on Linder. 1 mean I drive that area lot, since my daughter lives in Mallard Landing, and granddaughter goes to Peregrine. And it's like any of the other subdivisions around, when it comes time to those high use of roads, you just kind of make do whatever that is. If it's around a school -- because I certainly have watched the cars stack up to pick up their children going to and from school. I don't know. So, I'm compromised on this in my owned mind. So, because of that I don't even know how I'm going to vote. I guess I'll wait to hear the motion. Bird: I thought you were going to make it. Donnell: I'm not making it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would move that on Item 10, we accept the recommendation from Planning and Zoning for denial on AZ 05-033, to incorporate all staff, applicant, and public comments. Meridian City Council November 22, 2005 Page 21 of 27 De Weerd: Okay. The motion is on Item No. 10 is to deny the application. Do I have a second? Bird: I'll second. De Weerd: Okay. We have a motion and a second on Item 10. Is there any discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Item 11. Bird: There is no need for it. De Weerd: We still need to-- Baird: Madam Mayor, Members of the Council, I'd recommend that you take decisive action on Items 11 and 12. Specifically, on Item 11 you have to either uphold or overturn the appeal from the Planning and Zoning Commission's denial of the plat. Preliminary plat. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that Item 11, PP 05-032, we uphold the Planning and Zoning Commission's recommendation for denial. Baird: Clarification. It was a final decision, so -- Wardle: Clarification on the motion. We uphold the Planning and Zoning Commission's final decision for denial on PP 05-032. Bird: Madam Mayor, I'll second that, but I want a question answered -- De Weerd: Okay. Bird: -- from legal. Why -- if you don't -- if you approve annexation and zoning, why do you have to, then, act upon a preliminary plat? Because as far as the city is concerned, it is not under our jurisdiction. We did not approve annexation and zoning and we have always -- when we have not approved that, the others have just went by the wayside and do not want to vote on something -- a preliminary plat that I have no control of overriding or should I. Meridian City Council November 22, 2005 Page 22 of 27 Baird: Madam Mayor, Members of the Council, and Councilmember Bird, really, you have no other decision to make but to deny it and the reason that we are recommending it is so that there is a complete record. You are correct that you don't have jurisdiction, because it's not zoned into the property due to the previous denial of the annexation. However, just for the complete record, to close out the file, we are asking that you take action. If I'm -- if I'm straying from prior procedures, I will have Anna chime in here. Canning: Madam Mayor, Members of the Council, I think what the attorney is trying to do is close out the appeal file, perhaps more than the preliminary plat file, because you, actually, have kind of two files open in one. It's very confusing and -- and this shouldn't happen again. I mean this is out of the code now, so we shouldn't be in this quandary, but -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Let me ask -- one of you two can answer this. Okay. We denied annexation and zoning; right? So, that file is gone. Anything that follows -- because we have no legal jurisdiction on the CUP or the preliminary plat, because we haven't -- denied the annexation and zoning. So, the city has nothing to do with that property anymore; right? Canning: Madam Mayor, Councilmember Bird, the way the former code was structured it actually gave the authority to deny a preliminary plat request, regardless of the annexation request to the Planning and Zoning. I think that that's what we are trying to close out with the motion that's before you. And I understand your argument and I think you're very accurate and very correct, but just to close out that file and the action of the Planning and Zoning Commission, I think we need an action from the City Council just to finalize in particular the appeal action. Baird: And, Madam Mayor, Members of the Council, if it makes it more palatable to you, you can say in your motion that due to the denial of the request to annexation, we are overturning -- or upholding the -- the appeal. De Weerd: And that's what we have done in the past, is based on the denial of annexation and zoning. Bird: The preliminary and CUP is no good. De Weerd: Right. Kind of a mute point. Mr. Wardle. Wardle: Madam Mayor, just one clarification. I believe one of the questions Mr. Bird had that we agreed as a City Council to hear this preliminary plat on appeal from the Commission to make our full decision on the entire application and so with that I will amend my motion to include that the City of Meridian has denied annexation and zoning of the parcel. Meridian City Council November 22, 2005 Page 23 of 27 Bird: Second agrees. Wardle: Thank you. De Weerd: Okay. Don't ask me to repeat that motion. Wardle: I'm not going to. De Weerd: Okay. But you all know what you're voting on; right? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Item 12. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we deny CUP 05-036. The reason for denial, the city has also denied annexation of this parcel. Bird: Second. De Weerd: Okay. Any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, nay. MOTION CARRIED: THREE AYES. ONE NAY. ONE ABSENT. Item 13: Public Hearing: TE 05-010 Request for a one year time extension to record the final plat for Setter Cove Subdivision by T ealey's Land Surveying - 2100 East Leighfield Drive: De Weerd: Okay. Item 13 is Public Hearing on TE 05-010. I will open this Public Hearing with staff comments. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I have been asked by the staff and by the applicant if we would table this to December 6th or if we would continue the Public Hearing to December 6th, 2005. Meridian City Council November 22, 2005 Page 24 of 27 Wardle: Second. De Weerd: Okay. The motion is to continue Item 13 to December 6th, 2005. Is there anyone here on this item? Okay. Hearing none, all those in favor of continuing this to December 6th, please, say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Resolution No. 05-493 Approving Collective Bargaining Agreement between the City of Meridian and the Meridian Firefighter's Union, IAFF, Local #2311: De Weerd: Item 14 is Resolution No. 05-493, approving the collective bargaining agreement between the City of Meridian and the Meridian Firefighters Union. Mr. Berg, do you need to read this resolution by title? Berg: Yes, Sure. Do it for the record. De Weerd: Would you, please, do so, for the record. Berg: Thank you, Madam Mayor, Members of the Council. Resolution No. 05-493, a resolution of the City Council of the City of Meridian authorizing the Mayor to sign on behalf of the City of Meridian an agreement entitled Collective Labor Agreement between the City of Meridian and the International Association of Firefighters Local 2311, Meridian Chapter, effective from October 1 st, 2005, until September 30th, 2007, and providing an effective date. De Weerd: Okay. You have heard this resolution. Do I have to ask if-- Berg: No. It's not an ordinance. Bird: Not on a resolution, no. Berg: A resolution is just the approval of your agreement. De Weerd: Thank you, Mr. Bird. Yes, Mr. Wardle. Wardle: Madam Mayor, before I move for approval, I would like to thank the bargaining team and thank them for their efforts on both sides. Donnell: Mr. Nary is not even here to -- Wardle: Mr. Nary is not here to hear it, but -- De Weerd: But two of the others are. Meridian City Council November 22, 2005 Page 25 of 27 Wardle: Mr. Bird and Mr. Anderson. Thank you very much. Bird: All the credit goes to Mr. Nary and Mr. Anderson. De Weerd: But our thanks also go to the union -- Bird: The union guys were very good, too. De Weerd: Okay. Thank you. I would entertain a motion. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move we approve Item 14, Resolution No. 05-493. Donnell: Second. De Weerd: Okay. The motion is to approve Item No. 14, Resolution No. 05-493. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Ordinance No. 05-1202 : AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: De Weerd: Thank you. Item 15 is Ordinance No. 05-1202 on Item AZ 05-028. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1202, an Ordinance for annexation of property located in the northeast quarter of Section 11, Township 3 North, Range 1 West, 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 city 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-40 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 of the rules and providing an effective date. Meridian City Council November 22, 2005 Page 26 of 27 De Weerd: Thank you, Mr. Bird. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Council, I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 15, Ordinance No. 05-1202, with suspension of rules. Bird: Second. De Weerd: Okay. Motion is to approve Item 15. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Executive Session: Idaho Code 67-2345(1)(c): De Weerd: Council, before we move to Item 16, I would like to remind you of the holiday tree lighting on December 2nd at 6:30 in Generations Plaza. As well, there is a community Thanksgiving celebration tomorrow evening at 7:00 p.m. at the Gospel Tabernacle -- Meridian Gospel Tabernacle that is sponsored by the Meridian Ministerial Fellowship. So, it's a nondenominational celebration for Thanksgiving. So, that's at 7:00 o'clock. With that I would entertain a motion on Item 16 to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before J make the motion, we also -- what about -- what are we going to do about the parade, when you're talking about stuff? De Weerd: Peggy is working on getting the -- our second alternative classic cars and she, hopefully, will know by the end of the day tomorrow. Bird: If Shaun will wear an elf outfit, I have got one. Wardle: Boycott elf outfit. Bird: Madam Mayor? I move that we go into Executive Session as per Idaho State Code 67-2345(1 )(c). Donnell: Second. Meridian City Council November 22,2005 Page 27 of 27 De Weerd: Okay. Motion is to adjourn into Executive Session and, Council, that would include our attorney, city clerk, and Mr. Siddoway. Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: Okay, I would entertain a motion to come out of Executive Session. Bird: So moved. Wardle: Second. De Weerd: All those in favor say aye. THREE AYES. ONE ABSENT. MOTION CARRIED. De Weerd: I would entertain a motion to adjourn. Donnell: So moved. Bird: Second. De Weerd: All those in favor? THREE AYES. ONE ABSENT. MOTION CARRIED. MEETING ADJOURNED AT 8:48 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ MA OR TA BE--WEERD\\,.'W!Ii}'iii.. -------- "",~,~,~ 0"- t<"i..." '.' ': .2"~ (' ~~, 2 ".,;C', I" ATTESTED' 1Z-113 /tJ~ DATE APPROV~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 :1~~A~~km;:05c'9 PM 11I11I11II1111~11!llm~11I11I11111 ~~;i~~~EgW REQUEST OF 10._,1.--46._,<- CITY OF MERIDIAN ORDINANCE NO. () f} -/2 tJ 1- BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-05-028 ARNKE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NE ~ OF SECTION 11 TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 (ADA COUNTY) TO R-40 (HIGH DENSITY RESIDENTIAL) 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 Description herein incorporated by reference as Exhibit "A" is 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: 2070, LLe SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-40 (High Density Residential) 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 ofthe State ofIdaho, 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 ANNEXATION OF AZ-05-028 ARNKE SUBDIVISION Page 1 of3 and the zoning districts of the City of Meridian in accordance with this ordinance. 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 foHowing officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho. SECTION 9. That pursuant to the affinnative vote of one-half (112) plus one (1) ofthe Members ofthe 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 22 ;..3 day of Aft? 1/..{/1?1/~ , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 22"'-$ day of /l/I?V.oIYV~ .2005. ANNEXATION OF AZ-05-028 ARNKE SUBDIVISION Page 2 of3 STATE OF IDAHO, ) ) ss. County of Ada ) On this ~1ay of 1~ 0 U U~V , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and 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. (SEAL) g \r\ ~n fVl ~l4tJ NOTARY PUBLIC FOR IDAHO RESIDINGAT:~lbC'l1 ,~d MY COMMISSION EXPIRES: ~ll ANNEXATION OF AZ-05-028 ARNKE SUBDIVISION Page 3 of3 ( .. ( CITY OF MERIDIAN PLANNING A,~D ZONING DEPARTMENT STAFF REPORT. QU~;::;TIONS? CALL (208) 884-5533 C. Legal Description P.N. 2234 May 4, 2005 ANNEXATION & REZONE DESCRIPTION FOR PROPOSED ARNKE SUBDIVISION A parcel orland located in the Northeast 1I4 of Section II, T3N., R lW, B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the East 1/4 corner of said Section II, ITom which the Center (/4 comer bears N 890IO'36" W, 2655.10 feet; thence N 890] 0'36" W along tbe South boundary of said Northeast 1/4, also being the centerline ofW. Pine Avenue for a distance of 1431.35 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary N 00029'24" E for a distance of 264. 17 feet (fonnerly described as N 00002' E, 263.6 feet); thence N 89038'27" W for a distance of 46.97 feet; thence N 76041 '50" W for a distance of 94.49 feet (formerly described as N 77039' W, 95.1 feet); thence N 83029'07" W for a distance of218.62 feet (formerly described as N 84033' W, 218.4 feel); thence S 0005] '32" W for a distance 0005.88 feet (formerly described as S 00002' W, 304.6 feet) to a point on the South boundary of said Northeast 1/4, also being the centerline ofW. Pine Avenue; thence S 89010'36" E for a distance of358.50 feet to the POINT OF BEGfNNING; containing 2.34 acres ofland, more or less. 8~~ Prepared by: Todd R. WaiteP.L.S. tiIERI[,I,'N PUBl.IC WfiRKS OEPT \\Spud f\projects\Amkc (2234 l\Documenls\ARNKEAnnexdesc.doc-l C - ] J A"" trJ U 2-. g.:::if-l C"-.l In 0.. ::Jw ~ M 0..0 ~ ~ ~~ <( i'E 0 ~fjj ~ ~~ ~ ~ UIL.. 'J ("'"" 1~O:"fg~J.;!jllY r' z " j 1I U tJ I ~ u__ 00 ~ " -l ~~ - - - -----.J .~: g ~ r- N ~ ~ ......... ~ ~ ~ 1 ~ ~ 03lJ ~1"1i1l BEFORE THE MERIDIAN CITY COUNCIL C/C November 22,2005 IN THE MATTER OF THE APPLICATION OF V.J. JOINT VENTURE FOR FINAL PLAT APPROVAL FOR 4 COMMERCIAL BUILDING LOTS ON 9.09 ACRES IN A C-G AND I-L ZONE LOCATED SOUTH OF PINE STREET AND EAST OF NORTH EAGLE ROAD IN THE NORTH ~ OF THE SOUTH ~ OF T. 3N., R. IE., SECTION 9 CASE NO. FP-05-066 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B- 3 on November 22, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 22, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PORKY PARK SUBDMSION NO. LOCATED IN THE NORTH 112 OF THE SOUTH Y:l OF 1. 3N., R. IE., SECTION 9, BOISE .MERIDIAN, .MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDNISION NO.1 / (FP-05-066) Page 1 of 4 HANDWRITTEN DATE: 08/18/05, SHEET 1 OF 3, CLAIBORN WAITE CONSULTING, LLC", VJ JOINT VENTURE, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and :Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 22, 2005, listing 17 SITE SPECIFIC REQUIREMENTSIFINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Munger Engineering, Inc., a true and correct copy of which is attached hereto marked exhibit "B" and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Settlers' Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C", and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 22,2005 meeting as follows, to- wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO. 1 / (FP-05~066) Page 2 of 4 sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and! or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FffiALACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO.1 / (FP-05-066) Page 3 of4 request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 22nd day of NOVc:rn.bev ,2005. City Attorney. ByJ~^ U l:D.1. Q I MJ ity Clerk's Office Dated: \7..~ l ~05 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDMSION NO.1 / (FP-05-066) Page 4 of 4 { CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR1MENTS STAFF REPORT STAFF REPORT: Hearing Date: November 22, 2005 Transmittal Date: November 17, 2005 TO: FROM: Mayor & City Council Sonya Watters, Assistant City Planner J!Iu Michael Cole, Development Services Coordinator jY\ c.. SUBJECT: Porky Park Subdivision No.1 Request for Final Plat Approval of Porky Park Subdivision No. I Consisting of 4 Building Lots on 9.09 Acres in C-G and I-L Zones by VJ Joint Venture (File# FP-05-066). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, VJ Joint Venture, has applied for final plat approval of the first phase of Porky Park Subdivision. This subdivision consists of 4 building lots on 9.09 acres in C-G and I-L zones. Porky Park Subdivision is located on the southeast comer ofN. Eagle Road and E. Pine Street, in the SW If4 of Section 9, T.3N., RIE. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Porky Park Subdivision No. I with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved rezones (RZ-05-004 & RZ-05-009), conditional use permits (CUP-05-0 12), and preliminary plat (pP-05-026) for this development. 2. The applicant has not indicated who will own the pressurized irrigation system in this development. During the preliminary plat hearing the applicant received "flexibility" from City Council in regards to the pressure irrigation requirements. Two buildings are already in the process of being built without a pressure irrigation system being installed. Prior to signature on the final plat, surety shall be posted for the construction of a pump station, with the construction of the pump station being completed prior to occupancy of the third building (Jackson's and Country Inn and Suites being the first two). As each lot develops the pressure irrigation system shall be continued, and installed to and through the property. 3. If the pressure irrigation system is to be a private system then prior to a pre-construction meeting a draft copy of the operations and maintenance manual shall be submitted to Public Works with the draft copy being submitted prior to signature on the final plat for the last phase. If the system is to owned and maintained by an irrigation district a letter of plan approval shall be submitted prior to scheduling of a pre--construction meeting. Exhibit" A" FP-05-066 Porky Park Subl FP.doc PAGE 1 (' CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 6. Sanitary sewer service to this site is being proposed from existing 6-inch stubs nm in during the E. Pine Street road project. Coordinate sewer design with Public Works. The applicant shall execute City of Meridian standard forms of easements for any mains necessary to provide service. 7 . Water service to this site will be from main line extensions from existing water mains in Pine Avenue. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 8. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by 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. 9. As each lot develops a drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Revise the plat to show the required 25-foot wide landscape street buffer easement along Pine Avenue and 35-foot wide landscape street buffer easement along N. Eagle Road. The landscaping within this easement shall be owned and maintained by each individual lot owner. All required street buffers shall be located beyond any future right-of-way. 11. All landscape buffers shall be constructed prior to the issuance of individual Certificate of Occupancies within the subdivision. 12. Because direct lot access to Pine Street is restricted, provide a perpetual vehicular cross access easement so Lots 3 & 4, Block I, have access to the public street system. Said cross access shall be recorded with metes and bounds, and then depicted on the plat with the instrument number referenced, prior to the City Engineer's signature on the plat. 13. Include a description of the 50-ft. easement shown for the Settler's Canal. Exhibit "A" FP-05-066 Porky Park Sub! FP.doc PAGE 2 ( CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR1MENTS STAFF REPORT 14. The landscape plan, prepared by South Landscape Architecture and dated 11/1/05, shall be revised as follows: The landscape buffer along E. Pine Street is required to be 25-ft.; revise plan to show a 25-foot wide landscape buffer along the entire frontage of Pine Street. b. A large cluster of existing trees were shown on the preliminary plat on Lot 4, Block 1. Address if these are going to be retained or removed. If removed, include mitigation infonnation on the plan in accordance with UDCll-3B-10C.5. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 15. Revise or add the following note(s) on the face of the plat dated 8/18/05, prepared by Claiborne Waite Consulting, prior to signature on the fInal plat by the City Engineer: (5.) "...in compliance with Title 11 a:aa Title 12 of the Meridian Cit) Code of the Citv of Meridian's UnifIed Develooment Code." (QJ "Other than the access ooints soecificallv aooroved direct access to Pine Street is orohibited. " 16. Complete the Certificate of Owners. 17. Staff's failure to cite specifIc ordinance provisions or terms of the approved rezone, conditional use, or preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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 City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Water system shall be approved and activated, fencing installed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fInal plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Exhibit "A" FP-05-066 Porky Park Subl FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 9. Coordinate fire hydrant placement with the City of Meridian Public Works department. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Porky Park Subdivision No. 1 with the above stated comments and conditions. Exhibit "A" FP-05-066 Porky Park Subl FP.doc PAGE 4 /MUNGER ~ ENGINEERING, INC. November 2/, 2005 Sonya Watters City of Meridian 660 W. Watertower Lane, Ste. 202 Meridian. idaho 83642 RE: Porky Park Subdiyision Phase J Dear Sonya; I have received and reviewed the comments regarding the Porky Park Subdivision Phase I. ror ease of review I will address these comments in the order they are stated on your letter. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved rezones (RZ-05-004 & RZ-05-0(9). conditional IIse permits (CllP-05-012), and preliminary plat (PP-O~-{)26) for tllis dc\'c1 opmcnt. We !.hall comp(J' 2. The applicant has not indicated who will own the pressurized irrigation system in this dcvelopmcnt. During thc preliminary plat hearing the applicant received ""flexibility" from City Council in regards to the pressure irrigation requirements. Two buildings arc alrcady in the process of being built without n pressure irrigation system being installed. Prior to signaturc on the final plat. surety shall be posted for the construction of a pump statiol1. \\ith the constmction of the pump station being completed prior to occupancy of the third building (Jackson"s and Country Inn and Suites being thc first two). As ~ach lot develops the pressure irrigation system shall be continued. and installed to and through the property. We !.hall compl)'. Rather than specifically call out Jackson ~s ami COllnlry Inn ancl Suites IJ{ease refer to tltem a.t Lot J & 1.0/ 2. Block J. 3. If the pressure irrigation system is to be a private system then prior to a prc-construction meeting a draft eopy of the operations and maintenance manual shall bl) submitted to Public Works with the draft copy being submitted prior to signature on the final plor for the last phase. If the system is to owned and maintained by an irrigation district a letter of plan approval shall be submitted prior to scheduling of a prc-constmctioll miXting. Prior to constrllt:tion of the PI sJ'!iitem un tlpprm'ul letter from Settlers Irri/:ntilJll Di."trict or a copy oftheO&M Manual will he submit/elL 4090 W. State Street, Suite 290- Boise, Idaho 837030- Phone (208) 426-8314 Fax (208) 426-8319 ~x:hibit "13" 4. The City of Meridian requires that pr~ssurizcd irrigation systems be supplied by a year- round soure\) of water. If a er(,)ck or well source is not availabh~_ a single~point connection to the cllliI1<'1ry water system shall be required. If a sillgli::-point connection is utilized. th.: developer shall be responsible for the payment of assessments for the irrigablc common areas prior to signature on the final plat by the Meridinn City Engill~cl'. We shaJl comply 5. All fencing installed on the site must be in compliance with UDC II ~3A-6 and ll-:~A" 7. We sltall comply 6. Sanirary sc\\cr service to this site is being proposcd from exiSTing 6-ineh sHlbs nm in during the E. Pille Street road project. Coordinate sewer design with Public Works. The applicant shall execute City of Meridian standard forms of casements for any mains necessary to provide servicc. No Extens;ons are proposed with tltis development 7. Water service [0 Ihis site will be from main line eXTensions from exiSTing water mains in Pine A vcnue. The applicant will be responsible to constmct water mains to and through Ihis proposed devclopmcnt. SLlbdivision designer to coordinate main sizing and routing WiTh the Public Works Department. Applicant shall execute City of l\.kridi<lll stnndurd tbmls of casements. for any mains that arc required to provide service. .No EweusioIJ:-; (IJ'e pl'oposed wit" tM."i de.'elopmellt 8. Provide a 20' easemcnt for all public watcr/sewer main outsidc of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted casements on th~ plat. Submit an executed i..'ascment (supplkd by Public Works)_ a legal description, which must include thc area of the CJsement (marked EXHIBIT A) and all 8 lIT' x 11-- map with bearings and distances (marked EXI IIRIT Il) for rC\ ie". Borh exhibits must Ix: scaled. signed and dated by a Protessional Land Surveyor. DO NOT RECORD. Add a note to the plat refcrcncing this documcnt. No Extensions are proposed wit" this dea'e/opme11t 9. As each lot dcvclops a drainage plan designed by a State of Idaho licensed architect or eng.ineer is required and shall be submitted to the City Engincer (Ord. 557. 10- J -t) I) for all off-Slreet parking. ar.:as. Stonn water Hemment and disposal shall b~ dcsig.n~d in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Watcr Best Management Practices for Idaho Cities and Coulltills and City of Meridian standards and polieks. Off-site disposal into surroec wat~r is prohibited unless the jurisdiction which has authority ovcr the receiving stream provides 'Hitten authorization prior to development plan apPfQ"al. The applicant is rcspollsibk for Ii liug all necessary applications with the Idaho Department of Water Resources regarding Shallow lqjection Wells. We slJall COnlp(,' 4090 W. State Street, Suite 29 0 Boise, Idaho 837030 Phone (2oS) 426~8314 Fax (208) 426.8319 E:-;hibit "B" 10. Revise the plat to show the required 25.foot wide landscape street buffer casement along Pine Avenue and 35-foot wide landscape street buffer casement along N. Eagle Road. The landscaping within this casement shall be oWlled and maintained by each individual lot OWller, All required street buffers shall be located beyond any future right-of-way. l.flmt<jctJpe ea.~(~mcmt.~ will be added ((; tlte pial. II. All landscape buffers shall be constructed prior to the issuance of individual Certificate OfOccllpaneies within the subdivision. Each lant/scape bllffer shall be constructefl prior to the i....mam..e of ilufil'idllal cenificates. J 2. Because direct lot access to Pine Street is restricted. provide a perpetual vehicuJar cross access casement so Lots 3 & 4. Block ]. havc access to the public street system. Said cross access shall be recorded" ith l1lCt;....'S and bounds. and then dcpided on thl: plat with the instrument number referenced. prior to the Cjt~ ElIgilll;~r.s sigmllllfL: UIl the pial ]lie eusemellf wUl he t:reUlec( flltfls/town on tlte pltlt 13. Include a description of the 50-ft. easemcnt shown for the Settler's Canal. The etlsement will be described on the plllt 14. The landscape plan, pn.:par..:d b~ SOUlh L::uldscapc Archit..::cturc and dated 11/1/0:'. shall be revised as follows: The Iandsc3.p~ buffer alOl\g E. Pille Str~ct is n.:qutrcd to be 25-ft.: mvisD plan tl.) show a 2:'i-toot wide landscapc butter along the entire frontage of Pille Street. b. A large cluster of existing tnx:s \\ere sho\\11 on the prdimillary pInt 011 Lul -I. Block I. Addrcss if these arc gOlllg to b..:: retainoo or remo\cd. I r r~lllOH;tL include mitigation infomlation on the plan in accordance with UDC 1 1.39-10(' j. Submit 3 c:opie.\' (~f lhe revised landscape plem 10 Ihi! j'ltlnning Deparlment prwr 10 si#nOl/Jrc> on ,h",tinal plaT hy Ihe ( 'if)' HI/gin""/' Lallt/scape I!clsemenfs will be added to the plat. r;:; RL;\'isc or add lhL; follo\\ ing nOlc(s) 011 the fact,; of tht,; pku dated 8/IXIO:1. pn:parcd b: Claiborne Waite Consulting. prior to signature on the final plat by the City Engineer: (5.) ..... in compliance with Title 11..afl€I.::r-itlc--~f.f1~~~~~ed~ 9Ltlw. ('it~ of Meridian's Unified Dcveloofficnt Code:' (~) "'OtheO.!.!fl!Ub.e access OQiIl~~occificallJ':'ilPllf.Q.\'~~.~in:~Lill:g}s.~UQ .Pill.!-<..S.t(~U~ p...mhibitcd. n We stUlII comp~l' 1(\ Complete the (c-rtificatc of 0\\ ners We shall (.'omp~1' 4090 W. State Street, Suite 29 <> Boise, Idaho 83703 <> Phone (208) 426-8314 Fax (208) 426-8319 Exhibil "W r 7. Staffs failure to cite specific ordinance provisions or terms of the approved rezone. conditional usc_ or preliminary plat docs not relieve the Applicant of responsibility tor compliance. N(}ted Thank YOll for your time and consideration on this matter. please do not hesitate to contact Matt Munger or me ifyoll have any questions. Sincerely. Cara Duskcy Prqiect ('oo~dinntor 4090 W. State Street, Suite 29 ~ Boise, Idaho 83703 ~ Phone (208) 426-8314 Fax (208) 426-8319 Kl:ltibil "I!" PD BOX 757 I PHONE. 344-2471 SE'TTLERS' IR~IGATION DISTRICT BOISE, IDAHO 83707" I 57 I FAX: 343-1642 '. November 10,2005 Matt Munger Munger Engineering 4090 W. State Street, Suite 29 Boise, In 83703 Re: FP 05-066 & FP 05-067 Porky Park Subdivision Nos. 1&2. Dear Matt: After review of the Final Plat of the above-mentioned applications Settlers Irrigation District requests the following: I. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is tb'e Settlers Canal (50 'easement) that must be'tiled. Contact SID for additional requirements. 2. A Land Use Change Application must be on file prior to any approvals. -:t A license agreement MUST be'signed and reCorded prior to construction of any SID facilities, or within its easements. 4. Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 5. All storm drainage must be retained'on~site. 6. The development must :supply pressure irrigation access to aU lots within the above- mentioned subdivision from the qurrent delivery point. If the developer wishes to have SID own, opemte, and maintain the pressure irrigation system an'agreement must be in place prior to the pre-construction meeting. r~you have any que'~ti~n~:.please caB ?13~5271. .~ Nathan Draper, Manager: . Settlers Irrigation District Enclosures Cc: City of Meridian Planhing Department (w/oenc1osures) .:\" ." . ' . ~.\ . . \ Exhibit "COO 'GO~Y BEFORE THE MERIDIAN CITY COUNCIL C/C November 22, 2005 IN THE MATTER OF THE APPLICATION OF V.J. JOINT VENTURE FOR FINAL PLAT APPROVAL FOR 11 COMMERCIAL BUILDING LOTS ON 25.47 ACRES IN A C-G AND I-L ZONE LOCATED SOUTH OF PINE STREET AND EAST OF NORTH EAGLE ROAD IN THE NORTH 'it OF THE SOUTH Y2 OF T. 3N., R. IE., SECTION 9 CASE NO. FP-05-067 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on November 22, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 22, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING PORKY PARK SUBDIVISION NO.2 LOCATED IN THE NORTH Yz OF THE SOUTH 12 OFT. 3N., R.IE., SECTION 9, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO.2 / (FP-OS-067) Page 1 of4 HANDWRITTEN DATE: 08/18/05, SHEET 1 OF 3, CLAIBORN WAITE CONSULTING, LLC", VJ JOINT VENTURE, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: November 22, 2005, listing 19 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Munger Engineering, Inc., a true and correct copy of which is attached hereto marked exhibit "B" and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Settlers' Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C", and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their November 22, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO.2 / (FP-05-067) Page 2 of 4 central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwatermanagemellt system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO. 2/ (FP-OS-067) Page 3 of 4 request for a regulatOlY takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the ;;2;;2 ....cl day of NOv'emhf.v ,2005. Attest: BY:~~ \\\\\lllIlilliU11 Tamlny ee \\\\\\ . II II/Mayor, . y of Meridian ..,,,,~ ~ ii"l/r-:;. f 6 ~ - - ~ - "" - - - - - - . City Attorney. ByJHUl~dtt.OI/h City Clerk's Office Dated: 1~ ~ ,-0<; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PORKY PARK SUBDIVISION NO.2 / (FP-OS-067) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: November 22,2005 Transmittal Date: November 17,2005 TO: Mayor & City Council FROM: Sonya Watters, Assistant City Planner ~ Michael Cole, Development Services Coordinator fV\ C SUBJECT: Porky Park Subdivision No.2 Request for Final Plat Approval of Porky Park Subdivision No.2 Consisting of I] Building Lots on 25.47 Acres in the I-L Zone by VJ Joint Venture (File# FP- 05-067) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, VJ Joint Venture, has applied for final plat approval of the second phase of Porky Park Subdivision. This subdivision consists of 1] building lots on 25.47 acres in the I-L zone. Porky Park Subdivision No.2 is located on the south side of E. Pine Street, approximately lI8 mile east ofN. Eagle Road, in the SW 'l'4 of Section 9, T.3N., R.l E. The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Porky Park Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1, Applicant is to meet all terms of the approved preliminary plat (PP-05-026) for this development. 2. The applicant has not indicated who will own the pressurized irrigation system in this development. During the preliminary plat hearing the applicant received "flexibility" from City Council in regards to the pressure ilTigation requirements. Two buildings are already in the process of being built without a pressure irrigation system being installed. Prior to signature on the final plat surety shall be posted for the construction of a pump station, with the construction of the pump station being completed prior to occupancy for the third building (Jacksons and Country Inn and Suites being the first two). As each lot develops the pressure irrigation system shall be continued, and installed to and through the property. 3. Tfthe pressure irrigation system is to be a private system then prior to a pre-construction meeting a draft copy of the operations and maintenance manual shall be submitted to Public Works with the draft copy being submitted prior to signature on the final plat for the last phase. If the system is to owned and maintained by an irrigation district a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. Exhibit "A" FP-05-067 Porky Park Sub2 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the iITigable common areas prior to signature on the final plat by the Meridian City Engineer. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. 6. Sanitary sewer service to this site is being proposed from existing stubs in to the property from Pine Road, and extension of mains from Pine Road. The applicant shall coordinate main size and routing with the Public Works Department. 7. Provide a 20' easement for all public water/sewer main outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by 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. 8. Water service to this site will be from main line extensions from existing water mains in Pine Avenue. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. On the southern boundary of Lot 7, Block 1 the bearing of record depicted on the plat does not meet the bearing of record called out in the Certificate of Owners. 10. As each lot develops a drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 12. Include street names on the plat for the two new public roads. 13. Revise the plat to show the required 25-foot wide landscape street buffer easement along Pine Avenue and the 10 foot easements along N. Principle PI. and N. Touchmark Ave (internal local/commercial roadways). The landscaping within this easement shall be owned and maintained by each individual lot owner. All required street buffers shall be located beyond any future right-of-way. 14. All landscape buffers shall be constructed prior to the issuance of individual Certificate of Occupancies within the subdivision. Exhibit "A" FP-05-067 Porky Park Sub2 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 15. Because direct lot access to Pine Street is prohibited, provide a perpetual vehicular cross access easement to at least Lot 5, Block I; Lot 3, Block 2; and Lot 8, Block 2, so all lots within the subdivision have access to the proposed intemal roadways. Said cross access shall be recorded with metes and bounds, and then depicted on the plat with the instrument number referenced, prior to the City Engineer's signature on the plat. 16. The landscape plan, prepared by South Landscape Architecture and dated 1111/05, shall be revised as follows: a. The landscape buffer along E. Pine Street is required to be 25-ft.; revise plan accordingly. b. Include lO-foot wide landscaped street buffers on each side of N. Principle PI. and N. Touchmark Ave. Address if there are any existing trees on-site that will be retained or removed. If removed, include mitigation information on the plan in accordance with UDCll-3B- 10C.5. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 17. Revise or add the following note(s) on the face of the plat dated 8/18/05, prepared by Claiborne Waite Consulting, prior to signature on the final plat by the City Engineer: (2.) Complete instrument number. (6.) "...in compliance with Title 11 afu:l Title 12 sf tRe Hericlian Cit:, Ceae of the Citv of Meridian's Unified Develonment Code." (.8;) "Other than the access Doints soecificaIlv aDo roved direct access to Pine Street is orohibited." 18. Complete the Certificate of Owners and accompanying acknowledgement. 19. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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 City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Water system shall be approved and activated, fencing installed, and the Final Plat for tins subdivision shall be recorded, prior to applying for building pennits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit "A" FP-05-067 Porky Park Sub2 FP .doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street fmish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 9. Coordinate fire hydrant placement with the City of Meridian Public Works department. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Porky Park Subdivision No.2 with the above stated comments and conditions. Exhibit "A" FP-05-067 Porky Park Sub2 FP.doc PAGE 4 /MUNGER ~- ENGINEERING, INC. November 2],2005 Sonya Watters City of Meridian 660 W. Wateriower Lane, Ste 202 Meridian, ldaho 83642 RE: Porky Park Subdivision Phase 1 Dear Sonya; J have received and reviewed the comments regarding the Porky Park Subdivision Phase 2. fool' ease of review I will address these comments in the order they are stated on your letter. SlTE SPECIFIC REQUlREMENTS Applicant is to mCL:t all terms of the approved preliminary plat (PP-05-026) for this development. 1Ft! shull t:()mp~l' 2. The applicant has not indicated who will own the pressurized irrigation system in this development. During the preliminary plat hearing the applicant rccchcd "flexibility'" from City Council in regards to the pressure irrigation requirements. Two buildings an.: alrcady in the process of being built without 3 pressure irrigation systcm being installed Prior to signature on the final plat surety shall be posted for the construction or a pump station. with the COnstruCtion of the pump smtion being completed prior 10 occupancy for the third building (Jacksons and Country Inn and Suites being the first t\\o). As each lot devdops the pressure irrigation system shall be continued. and installed to and through the propeny. We shall comply. Rather than spec~fh:ol(I' ('(11/ out Jackson '... und Country Inn and Suites. please refer to them as Lot I & Lot 2 Block 1 If the pressure irrigation system is to be a private system then prior to a pre-construction meeting a dratl copy of the operations and maintenance manual shall be suomitted to Public Works \\ith the draft copy being submitted prior to signature on the final plat for the last phase. If the system is to owned and maintained by an irrigation district a letter of plan approval shall be sllbmittcd prior to schedul ing of a pre-construction meding -L Prior to elmstruetion of the PI system, an approval letter from Settlers Irri;:atioll District or a copy of the O&M Manllalwill be submitted. The City of Meridian requires that pressurized irrigation systems be supplied by a yeJ r~ round source of water. If a creck or well source is not available. a single-point connection 4090 W. State Street, Suite 29 () Boise, Idaho 83703 () Phone (208) 426-8314 Fax (208) 426-8319 \':xhibit "B" to the culinary water system shaH be required. lfa singk-point connection is utilized. the d<:\ eloper shall be r.::sponsibk~ for thc payment of assessments for the irrigablc COlllll10n arcas prior to signature on the tlnal plar by the rVlcridiGIl City Engineer We s/tall camp (I' 5. All fencing instalkd on the site must be in compliance \\'ith UDC 11-3:\-6 and J j -3;\.7 We sha1/ comp(l' 6. Sanitary sewer sen'ice to this site is being proposed from existing stubs in to the propcrty from Pine Road, and extension of mains from Pine Road. The applicGllt sh:lll coordin:lh: J1l<lin size <llld routing \\ jeh the Public Works Department We sl1all comp(j' 7. PrO\ide a 20' easement for :lll public \\atcr!sc\\'cr main oLltsidc of public right of \\:l} (include all watcr serviccs and hydrants). The description shall be consistent \\ith the grnphically depicted easements on the plat. Submit an executed casement (suppl il,.'d b} Public WorksL a Icgal description. which must include thc .1I"1,.'n of the cascmcnt (markcd EXHIBIT A) and an 81/1" x 1 ["' map with bearings and distances (marked EXHIBIT B) for revicw. Both exhibits lllllst be scaled. signed and dated by a Profcsslonal Land SUlIe}-or. DO NOT RECORD. Add a note to the plat r.::fcrcncing thiS doculllcnt No Extensions are proposed 11'i/1r this del'elopment tlrat are }lot located ill a Rif.:ltt f~l >>"a.l' X. Watcr service to this site \\ill be [rom main line extcnsions from existing water mains in Pine A venue. The applicant will be rl:sponsible to construct \\atcr mains to and through this proposed de\-clopmcnt. Subdivision designer to coordinntc main sizing and routing with the Public Works Dcpartment. Applicant shall execute Cit~. of Meridian standard forms of easements. for allY nw ins that arc required to pro\; ide ser... ice. No Extensions are proposed with this de~'elopment that are not located in a Right f?f W(~I' 9. On thc southern boundary of Lot 7, Block I the bearing of record depicted on the plilt docs not meet thl.': bearing of record called out in the C,,:a1ificatc of 0\\ llcrs. We wilJ rel'iew and correct j{). As cach lot develops G drainagc plan designcd by a Stare of Idaho liccnsed :lrchikct or engineer is required and shall be submitted to the City Engineer (Ord. ::'::'7. IO-J-lJI) tor all off-str.::ct p:lrking arens. Storm water treatment iUld disposal shall be designed in accordance \\.jth Depanmcm of Environmcllwl Quality I ()lJ7 publtcation Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and eit} of Maidian standards and policies. Off-site disposal into a surraec water is prohibited un less the jurisdiclion which hns authorit} O\.cr [he receiving srream providcs w rittell authorization prior to development plan approval. The applicant is responsible for fi ling all necessary applications with the Idaho Depal1ment of Water Resollrces regarding Shallow Injection Wells. 4090 w. State Street, Suite 29 0 Boise, Idaho 83703 0 Phone (208) 426-8314 Fax (208) 426-8319 ,re shall comply ! J Please submit a copy of the Ada COlJnt~. Street ;\ame COl11mlUcc's --rina'" letter for thc street names and lot & block numbering. Make all corrections neccss.1ry to compl~' Please .\-ee attached leffer/rom Ada COlll1(r 12. Include strcet names on the pint for the t\\'o ncw public roads. We shall comp{1' 13 Rcvise the pJat to show the requircd 25-foot wide landscnpe strect buffcr casement along Pinc A\CllllC and the 10 foot casements along N. Principk PI. and N. TOllchmark A\ e (in!l:rnal local/commcrcial roadways). The landscaping \\ ithin this (\lSl'IllCllt shall be owned and maintained by each individual lot owner. All rcquired street buffers shalf be located beyond any future right-of-way. We .o;/wll compb' 14. All landscape buffers shall be constructed prior to the issuance of indi\'iduaJ Ccrtllkatc of Occupancies within the subdivision. IVe shall comp{1' IS. Because direct lot access to Pine Street is prohibited, provide a perpetual \chieubr cross access easement to at least Lot 5_ Block J. Lot 3. Block 2: and Lot X. Block 2. so :111 lots \\ithll1 the Sllbdi\ision hU\"1;: ;lCC~SS to th.... propos.:d internal ro;lU\\a~s. Said cross acc~ss shall b.... recorded \\'ith metes and bounds. and then depicted 011 the plat \\ ith the II1strlll1lCnt llumber referellced. prior to the City Engineer's signature on the pl.lI Lot 5 Block 1 shares an access with Lot 4, Block 1 'mtl L(lt~. 3 & 8 Block 2 hfll'e apprm'ed acces!)' to Pine Sr. 10, The landscape plan, preparcd by South Landscape Architecture and dated I f/l/U:,. shall be rc\ ised as follows: The landscape buffer along E. Pine Street is required to be 2:'i-tL revise plan ;lccordill!.!,h. b. Include I(j-foot \\ ide Inndscapcd street buffers all eaeh side of N. Pnnciplc ['] and N. TOllchmark Ave. Address if there are any existing trees on-site that \\ill be retained or rCIllo\eu. If wllo\'cd. include mitigation information all the plan in accordance with UDC 11- 3B-IOC's. .)'Uhlll;1 3 COplt'S oj" IIlL' l'f!vlsed landscape plan ru tile f'/OIlI1/J/g nepor/!I/L'liI pmJl' 1(1 slgnatllre on thejinal plat by the ('ify EI1J!.illeer We ,<;/wll comply 4090 W. State Street, Suite 29 0 Boise, Idaho 83703 0 Phone (208) 426-8314 Fax (208) 426-8319 Exhibit "B" 17. Revise or add the following note(s) on the face ofthl,: plat dated XlIX/OS, prepared b~ Claiborne Waite Consulting, prior to signature on the final plat by the City Engineer: (2.) Complete instrument Ilumbl,:f. (6.) .....in compliance \\ith Title 11~I..l--ftH.he---J\..kt~tlt 0[' tho: ~. of Mcridian's UnifkQJ2~.~.SJQilll.1~I}LCQ~c:' nu "Other than the access points soccificallv aooroved, direct access to Pine StreGt is ill:9.hiQj1!;Q. -, We sltull comp(I' r X Complete the C ertifientc ofO\\l1crs and accompan~ mg ackno\\'lC'dg,cnll'lll We shall comply J 9. Staffs filiIurc to cite specific ordinance provisions or Icnns of the apprO\cd prclilllinar} plat docs not rei ieve the Applicant of rcsponsibj] ity for compliance. ,"Ioted Thank you for your time and consideration on this matter. please do not hesitate to contael Matt Munger or me j r YOll have allY questions Sincerely_ Carn Duskcy Pro.icct Coordinator 4090 W. State Street, Suite 29 <> Boise, Idaho 83703 <> Phone (208) 426-8314 Fax (208) 426-8319 SE fTlERS' JRRIGATION DISTRICT Po. BOX 7571 Bc:.!SE. IDAHO 83707-157) PHONE, 34<j.247 1 FAX. 343-1642 COpy November 10, 2005 Matt Munger Munger Engineering 4090 W. State Street, Suite 29 Boise, ID 83703 Re: FP 05-066 & FP 05-067 Porky Park Subdivision Nos. 1&2. Dear Matt: After review of the Final Plat of the above-mentioned applications Settlers Irrigation District requests the following: 1. All irrigation/drainage facilities along with their easements mllst be protected and continue to function. The facility involved is the Settlers Canal (50'easement) that must be tiled. Contact SID for additional requirements. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 4. Any changes to the existing ilTigation system sllch as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 5. All storm drainage mllst be retained on-site. 6. The development must supply pressllre irrigation access to all lots within the above- mentioned subdivision from the current delivery point. Irthe developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre-construction meeting. If you have any questions please call 343-5271. ~ Nathan Draper, Manager -Settlers Irrigation District Enclosures Cc: City of Meridian Planning Department (w/o enclosures) Exhibit "(''' November 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT November 22, 2005 ITEM NO. 5-8 REQUEST Approve Closeout Documents / Agreements for Meridian Sr. Center Rehabilitation Project ICDBG 04-111-0 ]-SR AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. 1001 S. Orchard St. Suite 100 Boise, ID83705-l932 T 208.322.7033 800.859.0321 F 208.322.3569 TYITDD 800.377.3529 EO/AA Employer J'ww.sageida!to.com November 4, 2005 Will Berg City Clerk City of Meridian 33 East Idaho Avenue Meridian, ill 83642 RE: Senior Center Project Will: Attached please find three copies of the closeout documentation for the Senior Center Project. Please have Mayor DeWeerd sign all three copies where marked, and return to Sage for processing. Commerce and Labor will return a signed copy to you once it has proceeded through their channels. If you could also please remit a copy of the City's audit for FY 04-05 when it becomes available to Commerce and Labor attn: Jennifer Nye, it is the final piece in closing this one out. The final bill from Sage is attached and payable upon receipt of funds from Commerce and Labor. Ijust wanted to let you know that the 504 and Fair Housing requirements have been moved to the LP project and will be implemented and reviewed by Karl Augustine when that project reaches that point. It has been a pleasure working with you on this project and if you have any questions or need anything, please let me know. Sincerely, J elUlifer Tomlinson Vf-t~~~ Enc: closeout documents Saee Communitv Resources 100] South Orchard St. Boise ID 83705 208-322-7033 City of Meridian 33 E. Idaho Avenue Meridian ID 83642 1l/4/2005 Invoice # : 506 Invoice Description: Final Closeout fo.' ICDBG-04-III-I-SR Orde.. # : J. Tomlinson Total Amount Due $1,000.00 Information Regarding Closeout Documents Send to the Idaho Department of Commerce, Division of Community Development Two signed* originals of the Final Perfonnance Report (page III-35). You should have one signed original for your records. We will sign both originals and retUl11 one to you. 2. Two signed* originals of the Final Financial RepOli (page ill-37). You should have one signed original for your records. We will sign both originals and return one to you. 3. Two signed* originals of the Closeout Agreement (page ill-31). We will sign both originals and retUl11 one to you. If you complete a Closeout Agreement pending receipt of the final audit, call your project manager for instructions as to what audits will be required. *Note: All documents must be signed by the chief elected official. Closeout Agreement This Agreement is made by and between the Idaho Department of Commerce (lDC) and the City of Meridian. In reliance upon, and in consideration of mutual representations, IDC and the Grantee agree to close Project No. ICDBG 04-111-1-SR without a final grant audit. Since costs have been incurred subsequent to the audit report performed by Eide Bailey for the period of FY 05, the Grantee agrees to remit to final audit for Fiscal Year ending 05. Further it is agreed the amount of any costs that are disallowed by the final audit will be remitted to Idaho Commerce and Labor. The final audit has been reviewed and accepted. Idaho Department of Commerce Grantee Signature Signature Tammv DeWeerd Typed Name Typed Name Mavor Title Title Date Date Closeout Agreement This Agreement is made by and between the Idaho Department of Commerce (JDC) and the Meridian City of In reliance upon, and in consideration of mutual representations, IDC and the Grantee agree to close Project No, ICDBG 04-111-1-SR without a final grant audit. Since costs have been incurred subsequent to the audit report performed by Eide Bailey for the period of FY 05, the Grantee agrees to remit to final audit for Fiscal Year ending 05. Further it is agreed the amount of any costs that are disallowed by the final audit will be remitted to Idaho Commerce and Labor. The final audit has been reviewed and accepted Idaho Department of Commerce City of Meridian Grantee Signature Signature Tammy DeWeerd Typed Name Typed Name Title Title Mayor Date Date Final Performance Report Grantee City of Meridian Contract Number ICDBG-04-III-I-SR Proj ect Type: PF Housing _ ED SC/CC..x Other_ National Objective: LMI ~ Slum & Blight IM Threat_ Prepared By: J elmifer Tomlinson Telephone 322-7033 ext. 227 Date 11/4/05 Project Activities Provide a detailed narrative of completed activities. The discussion should include specific activities accomplished, how they were accomplished, who was involved, and how the activity relates to the overall project. At the very least, provide a paragraph desclibing the grantee's activities for each of the applicable project areas: · Professional Services (Grant Administration, Engineering, Legal, etc.) The City of Meridian sent out a Request for Proposals for Grant Administration to six Certified Grant Administrator on January 20,2004. The proposal due date was February 2,2004 and two proposals were received one from Sage and one from Doherty and Associates. Based on completeness and other criteria, Sage was selected as the Certified Grant Administrator and entered into a Professional Services Contract with the City of Meridian on Februmy 17, 2004. The City published a request for proposals for architectural and construction management services twice in the Valley Times on June 7 and 14,2004. The City received four proposals for architectural services and determined Johnson Architects ranked highest among those received. On November 19,2004 the City entered into an Architectural Services Contract with Johnson Architects. The City utilized local fund to pay for Architectural Services. · Construction: The City used the competitive sealed bid method of procurement for selecting the construction contractor for the project. Construction bids were advertised on March 7 and 14, 2005and the bid opening was March 22,2005. A debarred check was completed on March 23, 2005 and the constmction contract was awarded to KMO Inc. A preconstmction conference was held on April 14,2005 and constmction began on Apli118, 2005. A notice of substantial completion was issued on July 27, 2005. · Environmental Review: The project consisted of structural improvements to the Meridian Senior Center and included brining the men's and women's restrooms up to modern code with handicap accessible staBs in both restrooms as well as new interiors for each of the facilities. Upgrades to the kitchen as well as external access were also accomplished. A finding of exemption was made on June 18,2004 and the Department of Commerce concurred on January 5, 2005. · Citizen Participation: The Citizen Participation Plan was approved and signed by the City on Febmary 17, 2004.. A Notice of Public Hearing was published in the Valley Times on February 13, 2004 for the initial public hearing which was held on February 24,2004. A Notice of Public Hearing was published in the Valley Times and the 50% complete public hearing was held on June 21,2005. o Section 3: KMO Inc. hired no section 3 employees for this project. . Acquisition: None · Civil Rights: The residential Anti-Displacement and Relocation Assistance Plan were adopted by the City of Meridian on February 17,2004. o Fair Housing: Fair Housing will be monitored as part of the LP Business Expansion Project, ICDBG-04-III-26-ED. o ADA/504: ADA/504 will be monitored as part ofthe LP Business Expansion Project, ICDBG-04-III-26-ED. Project Benefits A. Project Accomplishments Proposed Benefits: The restrooms are small, antiquated, and do not accommodate wheelchair patrons. Improvements will create fully accessible restrooms for both men and women by extending current restroom area into an existing storage area used by Central District Health. Food storage needs will be moved to storage at the opposite end ofthe dining area. The ceiling insulation and fluorescent lighting is open to the food preparation area through plastic grid ceiling panels in the kitchen. Besides the "open" grids between glass fixtures, and food, there are also health-related issues concerning the ability to clean ceiling and wall surfaces in the kitchen. Staff using this kitchen prepared 400 meals every weekday. Temperatures in the kitchen often exceed 107 degrees given inadequate ventilation in this area. Improvements will install drywall on the ceiling, recessed and enclosed lighting, cleanable surface panels, and install exhaust unites) to address the temperature issues without the expense of a special HV AC system. The dining area has two exits now - the west entrance (discussed below) and a double-door exit on the north side that exits into a narrow, graveled area between two parts of the facility. This east exit does not meet IDC Requirements for emergency access and must be moved to the other side of the facility. Improvements will create a new; single-door exit with ADA ramp and new sidewalk between this exit and the west exit below. This west side entrance is used to access the dining room and gift shop. It currently has steep stairs and does not meet UBC/ ADA Requirements. Improvements will create a fully accessible entrance with ADA ramp. B. Accomplished Benefits: All of the proposed actions were accomplished making the Senior Center a more comfortable environment as well as a more efficient operation of distributing meals to seniors unable to travel. C. Numerical Benefits Benefits: Public. Downtown. ED Amount In Application Actual Accomplished (Linear feet, Size or (Linear feet, Size or Numbers) Numbers) Distribution Service Connections Fire Hydrants Service Meters Reservoir LMI Assessments LMI Connections Street Sidewalk Other (building 9,784 sq. ft of Center space 9,784 sq. ft. of Center space improvements) B. National Objectives Met 1. Proposed National Objective: The project entails rehabilitation and upgrade of an existing senior citizen center, thus constituting an eligible activity as defined by Rule 011.05. The sole beneficiary of this project will be senior citizens; a constituency presumed to meet the U.S. Department of Housing and Urban Development's definition of low to moderate income, as stated in rule 016.33a. 2. Actual: The renovation of the Senior Center met the National Objective under rule 011.05 as well as expanded the services that are provided by the Center. 3. Numerical LMI Benefits Category Pro,iected Actu al % Pro.iected % Actual Total or Project Population Benefited 34,919 34,919 100 100 LMI 419 419 100 100 Minority Population Benefited 6 6 100 100 ED Projects A. List each position by rate of pay. Position I Number of I Annual Female Minority Physically Positions Salary or (Numbers) (Numbers) Challenged (FTE) Equivalent (Numbers) Sales Manager Administrative Shift Supervisor Sales Customer Service Maintenance Production Support Production Total D. Describe the benefits (paid vacation, sick leave, training, health insurance, etc.) offered with these positions. C. Describe the recruitment process for the above-mentioned jobs. Final Performance Report Project Schedule Using the project schedule from the ICDBG contract or latest contract amendment, list each activity with its proposed date of completion and its actual date of completion. Project Activity Contract Date Actual Date Grant A ward 5.04 7.04 Environmental Release 5.04 6.04 Bid Document Approval 7.04 2.05 Bid Opening 9.04 3.05 Debarred Check 9.04 3.05 Pre-Constmction Conference 10.04 4.05 Start COllstmction 10.04 4.05 Establish 504 Review Committee 9.04 N/A Construction 25% Complete 11.04 5.05 Construction 50% complete 12.04 6.04 Update 504 Self-Evaluation 9.04 N/A Second Public Hearing 12.04 6.05 Construction 75% Complete 12.04 6.05 Monitoring Visit 2.05 10.05 Construction Completed and Accepted 1.05 7.05 Final Report 3.05 11.05 Project Closeout 4.05 [ 1.05 Project Audit Completed and Submitted [0.04 11.05 If actual dates vary from the contract dates, explain the difference. Acquisition of property pushed the bidding process back. CERTIFICATION I, the undersigned, do hereby certify that the information contained in this report is true and COlTect and accurately reflects the accomplishments of the grant project. Signature of Chief Elected Official Mavor Title Date Final Financial Report Gran tee: Citv of Meridian Contract Number: ICDBG-04-ill-1-SR Prepared By: J em1ifer Tomlinson Telephone: 322-7033 ext 227 Date: 11/4/05 Matching Funds A. Match Expenditures - In the table below, please list those matching funds identified in the grantee's ICDBG contract or latest contract amendment. Source of Funds Amount Pledged Actual Spent Difference USDA-RD Grant EDA Grant Oth er Fed Gran t DEQ Grant ITD Grant Dept Water Res Grant Other State Grant Foundation Grant 15,000 15,000 Local Cash/Bond/Loans 39,598 48,609 9,012 Local In-Kind 6,375 6,375 Volunteer Donations Seniors Cash Private 9,450 9,450 Other Total 70,423 I 79,434 B. Match Expenditure Differences - If applicable, list by item those matching sources not fully spent and explain by the funds were not fully expended. c. Volunteer/ln-Kind/Force Account - If applicable, describe the processes used to track and value the labor used. II. Financial Services - Please list the name, address and phone number for the following: Name Address Phone Number 877 W. Main St. Suite 805 Auditor Eide Bailey Meridian ID 83702-5858 344-7150 Farmers and Merchants 30 E Broadway Ave Bank State Bank Meridian, 10 83642 888-1416 Final Financial Report III. Final Payment Request Step One Complete the ICDBG Drawdown Closeout Worksheet Step Two Fill out the standard ICDBG Request for Funds fom1 and in the request number box write FINAL and attach it to this report. Step Three If the grantee plans to close the grant with unexpended grant funds, please type the amount to be returned in Section V of this report. IV. Certification of Recipient and Special Conditions It is hereby certified that all activities undertaken by the Recipient with funds provided under the contract agreement number ICDBG-04-III-I-SR have, to the best of my knowledge, been carried out in accordance with the contract; that proper provision has been made by the Recipient for the payment of all unpaid costs and any unsettled third-party claims; that the Idaho Department of Commerce is under no obligation to make any further payment to the Recipient under the contract in excess of the amount identified in "Final Request for Funds" dated _ , hereof; and that every statement and amount set forth in this document is true and correct as of this date. Special Conditions: Signature of Chief Elected Official Date Tammv DeWeerd Mavor of Meridian Typed Name and Title of Chief Elected Official Date V. Idaho Depariment of Commerce This Certificate of Completion is hereby approved; therefore, I authorize cancellation of the unutil.ized contract commitment and related funds reservation and obligation of$_ Signature ofIDC Authorized Official Date ICDBG-04-III-l-SR Typed Name and Title ofIDCAuthorized Official Contract Number <l.) <l.) .c -E ~ -= ~ o o = ~ o 't:l ~ ~ ~ C-' ~ ,Q 8 e o f-; N r-- o 0 \0 0 oococo\Ooo '" '" r-- 0 t'l r-- 0 N N "<t- o o o 0 s" sf o 0 o 0 o 0 gg o 0 o o 0 2f ;:::"' ll.l ::c ~ .; ..... ;;.. !~ rF.:J = - = ~ 0 ~N~~~~~OO~~~~~~~~~~ ..... c.J E = = 0 o U N t'l " "\0 0 \0 0\ r-- ...... N "<t- lo, ll.l .c o :~ .:; = 0" < ~ ~= ~ ~.; := ~ c.J,Q < .9 = 's 't:l <: 00000 0 o 0 0 0 0 "''''000 0 N N N "0 ~ .~ c-= ll.l Q c.J ~ '" :2"'0 ;gc:....:! t'l~~~~~g .....; '" \0 r-- co ...... ~ ~ ~ii ,Q ~ ~ "<t- o "''''0....:1 ~_.~;;~~~g .,f0\Or--_p;.. ~=It: e ff ,Q~ ~ s.laqmHN: JsanbalI AUd ~u ~ ~ hi ~ ~ ~ ~~! O~~t1 ~ ~~~[ ~ .s ff.s.s ~ g ~1] : ~ 1'~ J ~ ~~~~ i3 i~ ~ ~ .] ;g~~~9'~ g ~ ~ i~! Q]~~~g HnH '~*1~~~ HUH .......OO......llZllj:1 .J:; . f-< o o C\! (') o (/J -- "'C Q) 5~ LL~ .E~ (/J 0 Q)a:J :JO O"Q.. Q.l . a:::U5 E% ~U5 e~ a.;2 U ~ U QJ .Q~ CO 0 c! Q)O E ._ c..c o :> _ E Q) E > 0 Q.lD Oai >.~ :=: ~ C E :J 0 ED Eo o c () ~ Ot:: .c~ ctl Q) :Er; ro o o x roii QJ <3 ~~ 0:: ~ o ll. -g;? :> ro t-- ... a. ~ 2. [ -0 -0 t: ! ~~ ~ ~ ~~( ...,'~ ~ ~ ~ ~ Ii o ll. (.) -0-0 5 oJ) ~j~ ~ ~ ~ ( I- oJ) Cl g~ 0:: "0 '<t~+ ~ ~ ~ ~ ~ .E J ..... 1Il N i'~ I-C:c QJ !:S (!)-a: co Cl .....0"0 U ::l -co o o o o m [ :~H~~~~t g gfg ~~~~~;I g gfg 1Il III o CIl oJ) ~~~(,<J-~~~ III ..!:: o o t: o o m o o m o g o o ~ o o g OJ ~ J ] <{~ uj ~~ o o .....- ..0 o III gf <( o <( o~ ~-g ~~ ..!:: ~~ j~l ~ ~li ~.~ ~ Hi ~ .~ ~ ~ ] 2 o.~ ~ ~~j ffi ~~~ Q.l 0 E CIJ ~j~ ~ ~'j ~ ! oci5 o H! ~ ~ ~i! ~ Q) ClJQJ2 g:; : jfi I- g i~j o ~l: ~ B'~ 2 !)U J Hi : I c3ss ~ x ~ ~ 21 i a::: Sage Community Resources 1001 South Orchard St. Boise m 83705 208-322-7033 City of Meridian 33 E. Idaho Avenue Meridian In 83642 I 1/412005 Invoice # : 506 Invoice Description: Final Closeout for ICDBG-04-III-I-SR Order # : J. Tomlinson Total Amount Due $1,000.00 November 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT November 22, 2005 ITEM NO. 5-C REQUEST Construction Agreement with Hillside Landscape Construction for Autumn Faire Park AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Agreement ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetIngs shall become property of the CIty of MerIdian. '- AlA Document A 107'" - 1997 Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STlPULA TED SUM I AGREEMENT made as of the Fourth day of November in the year Two Thousand and Five BETWEEN the Owner; City of Meridian 33 E. Idaho ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that noles added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA tex!. This document has important legal consequences. Consultation with an allorney is encouraged with respect to its completion or modification. This Document includes abbreviated General Conditions and should not be used with other general conditions. This document has been approved and endorsed by The Associated General Contractors of America. (Paragraph deleted) Meridian, ill 83642 and the Contractor: I. Hil.lside La..nd.S cap.e Construction, Inc. 2350 .E:Iill Rd. Boise, ID 83702 Telephone Number: 343-2545 Fax Number: 343-9655 the Project is: I. Autumn Faire - Meridian Parks Autumn Faire the Architect is; I Jensen Belts Associates 495 Main St. Boise, ID 83702 Telephone Number: 343-7]75 Fax Number: 343-7178 The Owner and Contractor agree as follows. AlA Document Al07m -1997. Copyright @ 1936, 1951, 1858, 1961, 1963, 1966, 1970, 1974, 1878, 1887 and 1997byThe American Institute of Architects. All rights reserved. WARNING; This AlA" Document is prolected by U.S. Copyright Law and International Trealfes. Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted 10 the maximum extent possible under the law. This document was produced by AlA software at 10:38:16 on 11/15/2005 under Order No.1000162486_1 which expires on 2/9/06, and is nol for resale. User Notes: (1296057691) ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ~ 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. I (Pamgmph d"",d) ~ 2.2 The Contract Time shall be measured from the date of commencement. I ~ 2.3 The Contractor shall achieve Substantial Completion of the entire Work on or before May 1,2006 ARTICLE 3 CONTRACT SUM I ~ 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Two Hundred Thirty-four Thousand Three Hundred Forty-one Dollars and Zero Cents ($ 234,341.00), subject to additions and deletions as provided in the Contract Documents. I (Pamgmph.< d"",d) ARTICLE 4 PAYMENTS ~ 4.1 PROGRESS PAYMENTS ~ 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows; I ~ 4.1.2 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment to the Contractor not later than the Tenth day of the same month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than Ten ( 10 ) days after the Architect receives the Application for Payment. ~ 4.1.3 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. I (Paragraphs deleted) 18.00% per annum ~ 4.2 FINAL PAYMENT ~ 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: AlA Document A 1 07TN -1997. Copyright @ 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 19B7 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA" Documenl, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted 10 the maximum exlent possible under the taw. This document was produced by AlA software at 1 0;3B:16 on 11/15/2005 under Order NO.1 000162486_1 which expires on 2/9106, and is not tor resale. User Noles: (1296057691) the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 17.2, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. ~ 4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follow: ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS ~ 5.1 The Contract Documents are listed in Article 6 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: ~ 5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between Owner and Contractor, AlA Document Al 07 -1997. ~ 5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated August 01, 2005 , and are as follows: Document Title Pages (Paragraphs deleted) ~ 5.1.4 The Drawings are as follows, and are dated 08.01.05 unless a different date is shown below; (Paragraphs deleted) Phase I bid set ~ 5.1.5 The Addenda, if any, are as follows; Number 1 Date 08/10/05 Pages 6 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 5. I (Pamgmph, d,","d) GENERAL CONDITIONS ARTICLE 6 GENERAL PROVISIONS ~ 6.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; AlA Document A107Th1 -1997. Copyright @ 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAI' Document Is protected by U.S. Copyrighl Law and International Treaties. Unauthorized reproduction or distribution of this AIA1) Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum exlent possible under the law. This document was produced by AlA software at 10:38:16 on 11/15/2005 under Order No.l0001624B6_1 which expires on 219106, and is not for resale. User Notes: (1296057691) performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. S 6.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. S 6.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes aU other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. S 6.4 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. S 6,5 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Wo rk to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, sub -subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. ARTICLE 7 OWNER S 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER S 7.1.1 The Owner shall furnish and pay for surveys and a legal description ofthe site. 9 7.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. S 7.1.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shaU secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 9 7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a AlA Document A107™ -1997. CopyrIght @ 1936, 1951,1958. 1961, 1963, 1966, 1970, 1974. 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIAv Document, or any portion of It, may result in severe civil and crIminal penallias, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:38:16 on 11/1512005 under Order No.1000162486_1 which expires on 2/9106, and is not for resale. User Notes: (1296057691) written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. S 7.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents, or fails to perform a provision of the Contract, the Owner, after 10 days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the reasonahle cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 8 CONTRACTOR S 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR S 8.1.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 7.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, omissions or inconsistencies discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. S 8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. S 8.2 SUPERVISION AND CONSTRUCTION PROCEDURES S 8.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating aU portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or procedures may not be safe. S 8.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. S 8.3 LABOR AND MATERIALS S 8.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. S 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. S 8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. S 8.3.4 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. AlA Document A107Th1 -1997. Copyright @ 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA# DOcument is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AlA'!> Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum exlenl possible under the law. This document was produced by AlA software at 10;38:16 on 11/15/2005 under Order No.1 000162486_1 Which expires on 2/9/06, and is not lor resale. User Notes: (1296057691) ~ 8.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conformJng to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. ~ 8.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or negotiations concluded. ~ 8.6 PERMITS, FEES AND NOTICES ~ 8.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. ~ 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. ~ 8.7 SUBMITTALS ~ 8.7.1 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submJttals. ~ 8.7.2 Shop Drawings, Product Data, Samples and simJlar submittals are not Contract Documents. ~ 8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted hy law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. ~ 8.9 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. ~ 8.10 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract, At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, constru ction equipment, machinery and surplus material. ~ 8.11 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not he responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect, unless the Contractor has reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the Architect. ~ 8.12 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. AlA Cocumenl A107™ -1997. Copyright @ 1936. 1951, 1958, 1961, 1963.1966, 1970, 1974, 1978, 1967 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA$ Document is protected by U.S. Copyright Law and International Trealles. Unauthorized reproducllon or distribution of this AIA"1) Document, or any portion of it, may result In severe cMI and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software 01110:36:16 on 11/15/2005 under Order No.1 000162486_1 which expires on 2/9/06, and is not for resale. User Noles: (1296057691) S 8.13INDEMNIFfCATION S 8.13.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 16.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itselt), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 8.1 3. S 8.13.2 In claims against any person or entity indemnified under this Section 8.13 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 8.13.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT S 9.1 The Architect will provide administration of the Contract and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one- year period for correction of Work described in Section 17.2. 9 9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 8.2.1. 9 9.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 9 9.4 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 9 9.5 The Architect will have authority to reject Work that does not conform to the Contract Documents. 9 9.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. S 9.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. S 9.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. AlA Document A 107'" - 1997. Copyright @ 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIAf> Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproducllon or distribullon of this AIAtl Document, or any portion of It, may result In severe civil and criminal penallles, and will be prosecuted to the maximum exlen1 possIble under the law. This documenl was produced by AlA software at 10:38:16 on 11115/2005 under Order NO.1 000162466_1 which expires on 2/9/06, and is not for resale. User Notes: (1296057691) ~ 9.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ~ 9.10 CLAIMS AND DISPUTES ~ 9.10.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 15.2, shall be referred initially to the Architect for decision. Such matters, except those relating to aesthetic effect and except those waived as provided for in Section 9.11 and Sections] 4.5.3 and 14.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. ~ 9.10.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by the Architect, by mediation or by arbitration. ~ 9.10.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. ~ 9.10.4 Claims, disputes and other matters in question arising out of or relating to the Contract that are not resolved by mediation, except matters relating to aesthetic effect and except those waived as provided for in Section 9.11 and Sections 14.5.3 and 14.5.4, shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. ~ 9.11 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutua] waiver includes; damages incurred by the Owner for rental expenses, for losses of use, income, profit, fi nancing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 19. Nothing contained in this Section 9.11 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. AlA Document A 107'" -1997. Copyrlghl @ 1936, 1951, 1958, 1961, 1963, 1966, 1970. 1974, 1976. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Documenlls protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ofthis AIAlJ' Document, or any portion of II, may resullln severe civil and criminal penalties, and will be prosecuted 10 the maximum exlent possible under the law. This document was produced by AlA software at 10:38:16 on 11/15/2005 under Order No.1000162486_1 which expires on 2/9/06, and is not lor resale. User Notes: (1296057691) ARTICLE 10 SUBCONTRACTORS ~ 10.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. ~ 10.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. ~ 10.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor aU the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 11 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS ~ 11.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Section 9.1 O. ~ 11.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. ~ 11.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 12 CHANGES IN THE WORK ~ 12.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. ~ 12.2 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit. ~ 12.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ~ 12.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted. AlA Document A107™ -1997. Copyright @ 1936, 1951, 1958, 1961, 1963, 1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlAe Document is protected by U.S. Copyright Law and International Trealles. Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penallies, and will be prosecuted to the maximum exlenl possible under the law. This document was produced by AlA software all 0:38:16 on 11/15/2005 under Order No.1 000162486_1 which expires on 2/9/06, and is not for resale. User Notes: (1296057691) ARTICLE 13 TlME S 13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. S 13.2 The date of Substantial Completion is the date certified by the Architect in accordance with Section 14.4.2. S 13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Section 9.] O. ARTICLE 14 PAYMENTS AND COMPLETION S 14.1 APPLICATIONS FOR PAYMENT S 14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shall be in a form satisfactory to the Architect. S 14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear ofliens, claims, security interests or other encumbrances adverse to the Owner's interests. S 14.2 CERTIFICATES FOR PAYMENT S 14.2.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 14.2.3. S 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (i) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made exa mination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. S 14.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 14.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 14.2.1. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 8.2.2, because of; defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; AlA Document A1 07'" - 1997. Copyright @ 1936. 1951, 1958, 1961. 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. ~i~;~~~I~;~~~7h~~'A%~~~~~~~:~ o~l::y ~~~~:~~ il~, ~~~e:~:~l~rn ~;~e~~~r~:f=~~~~i~7:alln~:~na~:i~~a~:~e;:i7~~ ~~~~~~~~~:~:~::~o~~~~~~:r 10 exlent possible under the law. This document was produced by AlA software at 10:38:16 on 11/15/2005 under Order No.1 000162486_1 which expires on 21SI06, and is not for resale. User Notes: (12960576S1 ] failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 9 14.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. ~ 14.3 PAYMENTS TO THE CONTRACTOR 9 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner. 9 14.3.2 Neither the Owner nor Architect shall have an obligation to payor see to the payment of money to a Subcontractor except as may otherwise be required by law. g 14.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9 14.4 SUBSTANTIAL COMPLETION g 14.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. g 14.4.2 When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. Upon the issuance of the Certificate of Substantial Completion, the Architect will submit it to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. 9 14.5 FINAL COMPLETION AND FINAL PAYMENT 9 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9 14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains AlA Document A107"" -1997. Copyright @ 1936, 1951, 1958, 1961. 1963, 1966, 1970. 1974, 1978,1987 and 1997 by The American institute of Architects. ~:~[:[~l::~~~r:h~~' A%~R~~~~~:~:~ o~I:~y ~~~~~:~~ ii~, ~~~e~~:~l~rn ~;~e~~~r~:F=~~~~i~~~a\n~:~~~:~~~,a~:~e;:I~~~ ~~~~~~~~~~~:~~;o~~~~~~:r 11 extent possible under lhe law. This document was produced by AlA software at 10:38:16 on 11/15/2005 under Order No.1 000162486_1 which expires on 2/9/06, and is not for resale. User Noles: (1296057691) unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. ~ 14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 9 14.5.4 Acceptance affinal payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY 9 15.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shaH provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 15.1.2 and 15.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 8.13. ~ 15.2 HAZARDOUS MATERIALS 9 15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start -up, which adjustments shall be accomplished as provided in Article 12 of this Agreement. 9 15.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 15.2.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 9 15.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of perfonning Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 16 INSURANCE 9 16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' AlA Document A 107'" -1997. Copyright @ 1936, 1951, 1958, 1961, 1963, 1966, 1970. 1974, 1978, 1987 and 1997 by The American Institute of Architects. :il~::~~I~:~S;;7h~~' A%~~~~~~~~:~ o~I:;y ~~~~~:~~ ii~. ~~~e~~:~I~rn ~':~;~~Y~:~:~~~~r~~~a~n~:~~~:~~~,a~J~e~:I~~~ ~~~~~~~~~~~:~h;o~~~~~~:r 12 exlenl posslble under Ihe law. This document was produced by AlA software at 10:38:16 on 11/15/2005 under Order No.l000162486_1 Which expires on 2/9/06, and is not for resale. User Noles: (1296057691) compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than lintits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. ~ 16.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. ~ 16.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE ~ 16.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwi se required by the Contract Documents, the Owner shaH reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shaH not be responsible for purchasing any other liability insurance on behalf of the Owner. The ntinimum lintits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability insurance under Section 16.1. ~ 16.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. ~ 16.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability insurance under Section 16.1. ~ 16.4 PROPERTY INSURANCE ~ 16.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an "all-risk" policy form, including builder's risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 14.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub- subcontractors in the Project. ~ 16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shaH contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. ~ 16.5 WAIVERS OF SUBROGATION ~ 16.5.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 11, if any, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 16.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article II, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or AlA Document A107"" -1997. Copyright @ 1936, 1951, 1958, 1961, 1963. 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Archilects. :il~:~~~~~:~:~r:~~'A%~R~~~~~~:~ o~l:;y~~~~~:~~ ii:, ~~~e:;:~l~rn ~;~e~~~Y~:f:~~~~I~~~a\n~:~~:~~;,a~;~~~:n~ ~~~~~~~~~:~:~~~o~~~~~::r 13 extent possible under the law. This document was produced by AlA software allO:38:16 on 11/15f2005 under Order No.1000162486_1 whiCh expires on 2/9/06, and is not for resale. User Noles: (1296057691) entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. S 16.5.2 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and hy appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub-subcontractors in similar manner. ARTICLE 17 CORRECTION OF WORK S 17.1 The Contractor shaH promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be a t the Contractor's expense. S 17.2 In addition to the Contractor's obligations under Section 8.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 14.4.2, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. S 17.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. S 17.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Wark. S 17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 17. ARTICLE 18 MISCELLANEOUS PROVISIONS 918.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other. 918.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. 918.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. S 18.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD As between Owner and Contractor, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued: AlA Document A 107™ - 1997. Copyrighl @ 1936, 1951, 1958, 1961, 1963. 1966, 1970, 1974, 1978, 1987 and 1997 by The American Inslitute of Architects. ~11~:~~~I~;~~7h~~' A%~RD~~;~~~:~ o~I:~y ~~~~~;~~ \~, :~~e~~:~I~fn ~';~e~~~j~:f =~~~~~7~a:n;:~:~:~~;,a~~~eV~:li~~~ ~~~~~~~~:~~;~h~o~~~::~r::r 14 extent possible under the law. This document was produced by AlA software all 0:38:16 on 11/15/2005 under Order NO.1 000162486_1 which expires on 2/9/06, and is not for resale. User NOles; (1296057691) not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Certificate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to the issuance of the final Certificate for Payment; and .3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the date of the final Certificate for Payment. ARTICLE 19 TERMINATION OF THE CONTRACT S 19.1 TERMINATION BY THE CONTRACTOR If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. S 19.2 TERMINATION BY THE OWNER S 19.2.1 The Owner may terminate the Contract if the Contractor: persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. S 19.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. S 19.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 19.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. . S 19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid halance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. ARTICLE 20 OTHER CONDITIONS OR PROVISIONS Changes to the spec/scope of work: -Remove spec 02900 3.8 -Remove both backstops -Add concrete pad for picnic shelter -Add excavation for playground area (20") deep -Add 1" conduit from restroom building to picnic pad -Install owner provided tee and gate valve for future pumpstation tie in AlA Document A107Th1 -1997. Copyright @ 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. ~11~::~~1~;~~7~~' A%1~~~~~~~:~ o~I~~y ~:~~~~~~ II:, ~~~e~;:~1 ~rn ~';~;~~Y~l~ :~~~~i~~:alt~:~na~:iZ~,a~~~e~:I~~~ ~~~~~~~~~~~:~~~o~~;~~~::t 15 exlent possible under the law. This document was produced by AlA software all 0:38:16 on t 1f15/2005 under Order NO.1 0001624B6_1 which expires on 2/9/06, and is not for resale. User Notes: (1296057691) This Agreement t&l:ed-intoaS-Of~th€-~irst written above. ? OWN R (Sign re CONTRACTOR (Signature) 't-- j ~ Cliff Yochum, President AlA Documenl M07"" -1997. Copyright @ 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. :11~;:~~I:;~~~r:h~~'A%:~R~~~~~~:~ o~I::y ~~~~~:~~ ji~, ~~~e~~:~I~rn ~';~e~Z~r~:r:~~~~i~?~a\n~:~na~:I~;a~J~e~:!~~~ ~~~~~~~~~;~;~~~o~~~:~~;:r 16 extent possible under the law. This document was produced by AlA software at 10:38:16 on 11/15f2005 under Order No.1000162486_1 which expires on 219f06, and is not for resale. User Notes: (1296057691) Certification of Documenfs Authenticity AJA@ Document 0401 ™ - 2003 1, Cosette Turnbow, hereby certify, to the best of my knowledge, information and belief, that 1 created the attached final document simultaneOUSly with its associated Additions and Deletions Report and this certification at 10:38:16 on 11/1512005 under Order No. 1000162486_1 from AlA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA@ Document AI07™ _ 1997 _ Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM, as published by the AlA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (~ //551. 1r~/e& /fIClfltljer (Title) 11.15'0S (Dated) AlA Document 0401 m - 2003. Copyright @ 1992 and 2003 by The American Institute 01 Architects. All rig hts reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and Inlernational Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result In severe civil and criminal penames, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software all0:38:16 on 11/15/2005 under Order No.10001624B6_1 which expires on 2/9/06, and is not forresale. User Notes: (1296057691) PROJECT MANUAL August 1, 2005 Autumn Faire Neighborhood Park PHASE ONE CONSTRUCTION MERIDIAN PARKS AND RECREA nON DEPARTMENT 11 West Bower St., Meridian, Idaho 83642 PROJECT CONSULTANTS LANDSCAPE ARCHITECT: JENSEN-BELTS ASSOCIATES 495 MAIN STREET BOISE, IDAHO 83702 208-343-7175, FAX 343-7178 ELECTRICAL ENGINEER: FARREN ENGINEERING INC. 600 W CURLING DRIVE BOISE, IDAHO 83702 208-429-1309, FAX 208-429-1308 CIVIL ENGINEER: EARL, MASON, & STANDFIELD, INC, 314 BADIOLA STREET CALDWELL, IDAHO 83605 208-454-0256, FAX 208-454-097 ARCHITECT: TOM ENSLEY & ASSOCIATES 1002 BLAINE STREET SUITE 201 CALDWELL, IDAHO 83605 208-459-2889, FAX 208-459-6449 CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS Pal!e(s) Invitation to Bid Instructions to Bidders Supplementary Instructions to Bidders Bid Proposal Conditions of Agreement Abbreviated Form of Agreement Between Owner and Contractor General Conditions Supplementary General Conditions Contract Agreement Bid Bond PerforminglPayment Bond Contractor's Affidavit Concerning Taxes 3 4 5-6 7-9 10 11 12 13-21 22 23 24 25 TECHNICAL SPECIFICATIONS 1. The following are included bv reference as reauired in the Specifications: Idaho Standards for Public Works Construction. (ISPWC) Ada County Highway District Standard Supplemental Specifications and Standard Drawings. 2. Specification Sections Division 2 02810 02900 02830 Irrigation Systems Landscape Work Chainlink Backstop Division 16 16010 General Electrical Requirements 16060 Grounding and Bonding 16120 Conductors and Cables 16130 Raceway and Boxes 16210 Electrical Utility Service 16442 Panel Boards 16510 Luminaires DRAWINGS (Separately Bound) LO L1.0 L2.0 L3.0 L4.0 L5.0 CI C2 Cover Sheet Reference Site Plan Enlarged Site Plan Landscape Plan Irrigation Plan Site Details Note & Detail Plan Grading and Drainage Plan C3 City of Meridian Details El Electrical Site Plan E 1.1 One Line Diagram & Details INVITATION TO BID The City of Meridian, Idaho invites you to submit a formal sealed bid for the construction of Autumn Faire Neighborhood Park - Phase One Construction. The bids will be received at the Office ofthe City Clerk of the City of Meridian, 33 East Idaho Avenue, Meridian, Idaho 83642, until 2:00 pm prevailing local time, on Wednesday, August 17, 2005. The bids will be opened and publicly read at that time. The project includes construction of parking lot and sidewalks, utilities, play area, security lights, trees, basketball court, and turf. A Public Works Contractor's License for the State of Idaho is required to bid on this work. A Pre-Bid Meeting will take place at Meridian Parks and Recreation Department, 11 W. Bower S1., Meridian, Idaho, 83642 on Tuesday, August 9, 2005 at 2:00 pm (208-888-3579). Bids will be prepared on forms supplied by the City of Meridian. Bid packets are available at the office of Jensen Belts Associates, 495 Main Street, Boise, Idaho, 83702 (208-343-7175). A deposit of$50.00 per set is required which is refimdable upon return of the documents in good condition. Each bid shall be accompanied by a certified check, cashiers check, or bid bond in the sum of five percent of the total bid and made payable to the City of Meridian. Dated this 29th day of July, 2005 Tammy de Weerd, Mayor - City of Meridian Publishing Dates: August I and 8, 2005 INSTRUCTIONS TO BIDDERS AlA Document A70l, Instruction to Bidders, 1997 Edition is hereby included by reference and shall be a part of the Contract Documents. Copies of AlA Document A 701 are available for review at the offices of the Landscape Architect. Copies of the docwnent may be purchased from the American Institute of Architects or its local distributor. SUPPLEMENT AR Y INSTRUCTIONS TO BIDDERS Make the following modifications and additions to ALA Document A 701: 1. Change Article 1.2 to read as follows: all definitions set forth in the General Conditions, Articles 7 through 20, inclusive of AlA Document AI07, Abbreviated Owner- Contractor Agreement, or in other contract Documents are applicable to the Bidding Documents. 2. Add to Article 3, the following: 3.3.2 Time for Receiot ofReauests for Substitutions: Change time in this paragraph from ten day to seven days prior to the date for receipt of bids. 3. Add to Article 4, the following: 4.2.1.1 To be considered, proposals must be accompanied by an acceptable security, in an amOW1t not less than five (5) percent of the total amOW1t of the bid. The security may be in the form of a Bid Bond, a Certified or Cashier's Check on an Idaho bank, or cash. 4.2.3.1 The bidder's security will be returned promptly after the Owner and the accepted bidder have executed a contract, or, if no award has been made within thirty days after opening of bids; upon demand of bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. A -successful bidder who fails to sign the contract for work or furnish required bonds within ten days after receiving notice of acceptance of bid shall forfeit his security deposit. The Owner may award the contract to the next lowest bidder, in which any excess of the lowest bidder's security over the difference between the lowest and the next lowest bids will be returned to the lowest bidder, or, if bidder's bond is used, to the surety. If, upon forfeiture by the low bidder, the Owner does not award contract to the next lowest bidder, the security will go to planning and bid invitation costs. The mailing envelope containing the bid shall be plainly marked with the name of the project and be addressed as follows: 4.2.4 4.3.1.1 City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 4. Add to Article 7, the following: 5. Add to Article 8, the following: 7.3.1 Performance bond and labor and material payment bond required for this project in the amount of 100% of the Contract Amount, and by a surety company authorized to do business in Idaho. 8.1.] Form of A !!reement: Change the form of agreement in this paragraph to read: Abbreviated Form of Agreement Between Owner and Contractor, AlA Document A107-1987. 6. Article 9 - Supplementary Instructions 9.1 Eli!!i ble Subcontractors 9.1.1 Pursuant to the requirements of Idaho Session Laws of 1963, Idaho Code 63-2310, the names and addresses of subcontractors (plumbing, mechanical, electrical) to whom work will be awarded, subject to the approval of Owner and Architect, shall be listed in the proposal. 9.2.2 The Contractor shall not contract with any person or entity whom the Owner or the Architect has made reasonable objection. The Contractor shall not be required to contract with anyone to whom he has a reasonable objection. BID PROPOSAL To: Meridian Parks and Recreation Department I I W. Bower St. Meridian, ID 83642 For: Phase One: AUTUMN F AIRE NEIGHBORHOOD PARK Gentlemen: The Bidder, in compliance with your invitation for bids for the Project identified above, having examined the plans and specifications with related docwnents and the site of the proposed work, and being familiar with all of the conditions surrounding the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies, and to perform the work in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in writing for "Notice to Proceed" of the Owner and to substantially complete the work in the sequence and within (60) sixty calendar days thereafter, as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the swn of $250.00 for each consecutive calendar day thereafter that the work is not substantially complete. Bidder acknowledges the receipt of Addendum No. _' Base Bid: Bidder agrees to perform all of the work as described in the specifications and shown on the drawings for the swn of: ($ Alternate Bid: The Owner reserves the right to deduct any or all of the Alternate Bids from the contract agreement (AlA form AIO?) no later than ten (10) calendar days after notice to proceed. Alternate No I: Deduct asphalt path surface as shown on the drawings, and specified. Retain aggregate base as detailed. Deduct the lump sum of: ($ Alternate No.2: Construct two (2) chain link backstops, complete as shown on the drawings and specified. Deduct the lump sum of: ($ Alternate No 3: Construct irrigated turf as specified in lieu of concrete basketball courts, complete, including paving, striping, and goals, as shown on the drawings and specified. Deduct the sum of: ($ ) 7 Alternate No.4: Deduct twenty nine (29) trees, including installation as detailed and specified as indicated on the drawings. Deduct the lump sum of: ($ Alternate No.5: Deduct security light P-], complete including footing, pole, luminaire, and wiring. Retain conduit and J-Box. Deduct the lump sum of: ($ Alternate No.6: Deduct security light P-2, complete including footing, pole, luminaire, and wiring. Retain conduit and J-Box. Deduct the lump sum of: ($ The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty calendar days after the scheduled closing time for receiving bids Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal agreement within ten days and deliver a Surety Bond or Bonds as required by Article 7 of the Instructions to Bidders including paragraph 7.3.1 of the Supplementary Instruction to Bidders. The bid security attached in the amount of 5% of the bid amount is to become the property of the Owner in the event the Contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Pursuant to Section 67-2310, Idaho Code, commonly known as the naming law, the names and addresses of subcontractors to who work will be awarded, subject to approval of Owner and Architect, if Undersigned is awarded the contract are as follows: Plumbing: Electrical: License No. License No. Concrete Paving: License No. The undersigned states that he is of this date duly licensed as a Public Works Contractor and further that he possesses State Contractor's License No. Dated at this day of 20 Respectfully submitted: By: Company Business Address Signature Title Telephone CONDITIONS OF AGREEMENT A. Owner/Contractor Agreement In case the work of this contract is awarded, the Owner and the successful bidder shall execute a contract in triplicate on "Abbreviated Form of Agreement Between Owner and Contractor", AlA Document A107, 1997 Edition, attached hereto. B. Performance/Pavment Bonds The successful contractor shall secure and pay for "Performance Bond, Labor and Materials Payment Bond", AlA Document A311, latest edition. Liability under each of the bonds shall be 100% of the contract sum. Attorney who executes required bonds on behalf of surety shall affix thereto a certified and current copy of his power to attorney indicating the monetary limit of such power. No work will commence prior to delivery of the above documents to the Owner. C. General Conditions The "General Conditions" of AlA Document A107, 1997 Edition, relates directly to the work of this project and is hereby made a part of the contract. The contractor is hereby specifically directed, as a condition of the contract to acquaint himself with the articles contained therein and to notify and apprise all subcontracts, sub subcontractors, suppliers and any other parties of the contract or individuals or agencies engaged on the work as to its contents. Copies of these General Conditions may be obtained at the Owner's office. No contractual adjustments shall be due or become exigent as a result of failure on the part of the contractor to fully acquaint himself and all other parties to the contract with the conditions of Document A20 I. Any modifications and inconsistencies contained in the Supplementary Conditions or other provisions contained in the contract documents shall have precedence over and modify any articles or statements of the printed General Conditions. 10 ABBREVIA TED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ALA Document Al07, 1997 Edition, Standard Form of Agreement Between Owner and Contractor will be used as the agreement for this project. Copies of ALA Document A107 are available for review at the offices of the Landscape Architect. Copies of the document may be purchased from the American Institute of Architects or its local distributors. II GENERAL CONDITIONS AlA Document A201, General Conditions of the Contract for Construction, 1997 Edition, is hereby included by reference and shall be a part of the Contract Documents. Copies of AlA Document A20l are available for review at the office of the Landscape Architect. Copies of the document may be purchased from the American Institute of Architects or its local distributor. 12 SUPPLEMENTARY GENERAL CONDITIONS (To AlA Document A107 - 1997 Edition) GENERAL The following supplements modify, change, delete from or add to the "General Conditions", AlA Document A-107. Where any article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that article, paragraph, sub-paragraph or clause shall remain in effect. ARTICLE 6: CONTRACT DOCUMENTS Add the following: 6.6 The term "product" as used in these Supplementary Conditions includes materials, systems and equipment. 6.7 The term "Project Manual" as used in these Supplementary Conditions is the volume which includes the Bidding Requirements, Conditions of the Contract and the Specifications. 6.8 The contractor will be furnished free of charge 15 copies of the drawings and 15 copies ofthe Project Manual and will be furnished as many additional copies as he may require at cost of reproduction and handling. 6.9 The term Ilconstruction" wherever used in the General or Supplementary General Conditions or in the drawings and Specifications shall include all of the work operations required for the Project including demolition, wrecking, removals and disposition of removed or demolished materials off site. ARTICLE 8: CONTRACTOR 8.13 Delete Article 8.13 as written. Add the following: After the contract has been executed, the Owner and Architect will consider a formal request for the substitution of products in place of those specified, under the following conditions. a. The request is accompanied by complete data on the proposed substitution substantiating compliance with the contract documents including product identification and description, performance and test data, references and samples where applicable, and an itemized comparison of the proposed substitution with the products specified or named by addenda, with data relating to contract time schedule, design and artistic effect where applicable, and its relationship to separate contracts. 13 8.16 8.17 8.18 b. The request is accompanied by accurate cost data on the proposed substitution in comparison with the product specified, whether or not modification of the contract sum is to be a consideration. 8.14 Substitutions will not be considered if: a. They are indicated or implied on shop drawings submissions without the formal request required in Clause 10.12 above; or b. For their implementation they require a substantial revision of the contract documents in order to accommodate their use. 8.15 The contractor, in consideration of securing the business of erecting or constructing public works in this state, recognizing that the business in which he is engaged is of a transitory character, and that in the pursuit thereof, his property used therein may be without the state when taxes, excises, or license fees to which the is liable become payable, agrees: b. To pay promptly when due all taxes, (other than on property), excises and license fees due to the state, its subdivision, and during the term of this contract, whether or not the same shall be payable at the end of such term; That if the said taxes, excises, and license fees are not payable at the end of said term, but liability for the payment thereof exists, even though the same constitute liens upon his property to secure the same to the satisfaction of the respective officers charged with the collection thereof; and, That, in the event of his default in the payment of securing of such taxes, excises, and license fees, to consent that the department, officer, board or taxing unit entering into this contract may withhold from any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which said contractor is liable. c. Before entering into a contract, the contractor shall be authorized to do business in the state and shall submit a properly executed Contractor's Affidavit Concerning taxes. Contractor shall secure and pay for the original building permit and all other permits, governmental fees and license necessary for proper execution and completion of the Work which are applicable at the time the bids are received, and shall secure and pay for any subsequent building permits, governmental fees and licenses as may be required for the Work. It is not the responsibility of the contractor to make certain that the drawings and specifications are in accordance with applicable laws, statutes, building codes and regulations. Preconstruction Meeting. Prior to commencing work at the project, contractor, subcontractors, and their key personnel associated with the project shall attend a preconstruction meeting with the Architect and other representatives of the Owner at the site, at time designated by the Architect. 14 8.19 Bi-Monthlv Meetim!. In addition to preconstruction meeting, regular Bi-monthly meetings will be scheduled to review progress of the various parts of work, review any problems relative to delivery of materials, coordination, cooperation, etc. Contractor shall be responsible for having a representative from each of his subcontractors who are involved with work at that time or will be scheduled to provide work during critical periods of schedule. All key persOlmel associated with project shall attend unless specifically excused. 8.20 Details for confining the contractor's operations to specific areas during the several stages of construction are included in the Technical Specifications. 8.21 Indemnification 8.21.1 Indemnity Clause Contractor shall defend, indemnify, and save completely harmless Owner, and all its officers, agents, and employees from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, in any manner arising out of or occurring by reason of or in relation to: (1) operations under or pertaining to this contract, or (2) any act or omission of contractor, his agents, servants or representatives, or (3) occurrences at or connected with the work site, or (4) use, occupancy or possession of work site prior to Owner's acceptance of the work, or (5) by or in consequence of use of any unacceptable materials in constructing the work; and further, but without limitation, contractor shall protect: (1) all rights of way, walkways, street and alley surfaces, and (2) all utility, sewer, water, gas, telephone and electric power lines and easements in or on or over easements or public ways, and (3) all adjoining or affected other property; and shall be responsible for and shall pay on Ownees behalf all sums Owner becomes obligated to pay because of claims or damage, injury, or destruction to or of any property, including the loss or interruption of use thereof, by reason of any cause whatever arising our of construction, work or operations under or in any way pertaining to this contract or the work herein referred to. This paragraph shall apply also to any extra work additions, amendments and modifications of this contract, however affected. 8.21.2 Indemnification and Insurance Contractor shall indemnify and save and hold harmless Owner and Meridian City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and business invites, and not caused by or arising out of the tortuous conduct of Owner and Meridian City or its employees. In addition, contractor shall maintain, and specifically agree that it will maintain, throughout the term ofthis Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the 15 Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless Owner and Meridian City and if Owner, and Meridian City becomes liable for an amount in excess of the insurance limits, herein provided, contractor covenants and agrees to indemnifY and save and hold harmless Owner and Meridian City from and for all such losses, claims, actions, or judgements for damages or liability to persons or property. Contractor shall provide Owner with a Certificate of Insurance or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraphs and file such proof of insurance with City of Meridian. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Contractor shall immediately submit proof of compliance with the changed limits. ARTICLE 9: ARCHITECT'S ADMINISTRATION OF THE CONTRACT Add the following: 9.12 Contractor shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the contract sum as security for the faithful performance of this contract and also a Labor and Materials Payment bond in an amount not less than one hundred percent (100%) of the contract sum or in a penal sum not less than that prescribed by state, territorial or local law, as security for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The Performance Bond and Labor and Materials Payment Bond may be in one or in separate instruments in accordance with local law and shall be delivered to the Owner not later than the date of execution of the contract. ARTICLE 14: PAYMENTS AND COMPLETION Add the following: 14.6 The schedule of values shall be prepared in such a manner that each major item of work and each subcontracted item of work is shown as a single line item in ALA Document G702A, Application and Certificate for Payment, Continuation Sheet, or other approved form. 14.7 The form of Application for Payment shall be ALA Document G702, Application and Certificate for Payment, supported by ALA Document G702A, Continuation Sheet, or other approved form. 14.7.1 Until final payment, the Owner will pay 90 percent of the amount due to the contractor on account of progress payments. If the manner of completion of the work and its progress are and remain satisfactory to the Architect, and in the absence of other good and sufficient reasons, for each work category shown to be 50 percent or more complete in the Application for Payment, the Architect shall, with reduction of previous retainage, on presentation by the contractor of Consent 16 of Surety for each application, certify and remaining progress payments for each work category to be paid in full. 14.7.2 The full contract retainage may be reinstated if the maimer of completion of the work and its progress do not remain satisfactory to the Architect, or if the Surety withholds his consent, or for other good and sufficient reasons. 14.8 Progress payments will fall due on or about the tenth day of each month, assuming the receipt of Application for Payment is received not later than the first day of the month. 14.9 When the work is determined to be substantially complete, the contractor shall submit to the Architect an itemized Application for Payment for the entire contract sum less the amounts for all incomplete work, unsettled claims and retainage. 14.10 In addition to the above, neither the final payment nor the remaining retained percentage shall become due until the following requirements shall have been fulfilled. Contractor shall deliver the following enumerated items to Architect, preferably in a single package, properly labeled item by item to indicate all materials, equipment and documents contained therein. Upon approval by Architect, all materials, equipment and documents will be delivered to Owner by Architect. 1. As-Built Drawings as specified. 2. All keys, construction and permanent, properly identified. 14.11 The Owner will suffer undue inconvenience and financial loss if the work of the contract is not substantially completed as provided in the Agreement. The contractor and his surety shall be liable for and pay to the Owner the sum of $250.00 as fixed and agreed liquidated damages for each calendar day for such delay beyond the agreed completion date. ]4.12 Additiona] cost to the Owner for providing continued architect/engineer services caused by the contractor1s failure to fully complete the work in accordance with the contract shall be borne by the contractor. 14.13 The time allowed for Substantia] Completion for this project is specified in the Bid Proposal. ARTICLE 15: PROTECTION OF PERSONS AND PROPERTY Add the following: 15.3 All public and private improvements on property adjacent to site shall be 17 adequately protected by contractor from all damage arising from the work. All damage so occurring shall be satisfactorily repaired or the damaged item replaced by the contractor. 15.4 Before start of work, contractor shall inspect premises and report in writing to Architect all existing damage and unsatisfactory conditions. Nature and extent of these conditions will be verified by Architect or his representative and contractor will be relieved of responsibility for correction of such damage upon completion of work, unless such responsibility shall subsequently be included in the contract by mutual consent. 15.5 Contractor shall furnish and pay for watchman services as he may deem necessary to properly safeguard equipment, tools, appliances, and work during hours that operations under contract are or are not being performed. Owner will not assume any responsibility for loss of, or damage to, materials, tools, appliances or work arising from acts of theft, vandalism, malicious mischief or other causes. ARTICLE 16: INSURANCE 16.1 In the first line following the work "maintain", insert the words "in a company or companies licensed to do business in the state in which the project is located. 16.1.1 Basic Requirements: L a. Workmen's Compensation - Statutory. b. Employer's Liability - $1,000,000 2. Comprehensive General Liability: Covering Bodily Injury and Property Damage Liability, as follows: a. Operations and Premises. b. Contractual c. Completed Operations. This coverage shall continue for one year after completion of job or acceptance by owner. d. Protective Liability, with the following minimum limits: Bodily Injury $100,000 each occurrence $1,000,000 aggregate Property Damage $100,000 each occurrence $1,000,000 aggregate 3. Automobile Liability: Including all owned, hired and non-owned automobiles, with the following minimum limits: $500,000 each person ] 8 $500,000 per occurrence for Bodily Injury $100,000 per occurrence for Property Damage 4. The insurance above shall include a provision that the Owner shall be given thirty 130) days advance written notice prior to the effective date of any cancellation or material change in such insurance. 5. Contractor shall require proof of insurance in accordance with 2 and 3 above from any subcontractor. 6. Contractor shall coordinate the above insurance with Owner-carried insurance so as to provide coverage for the following if not covered by Owner: Special Hazards: the following special hazards shall be covered by rider or riders to the policies required under paragraphs above, or by separate policies of insurance. Said riders, policy or policies shall be in the same amounts as set forth in paragraphs above, and shall cover the operation of automobiles, trucks, tractors, cranes, loaders, dumpsters, and elevators, hoists and similar heavy equipment if same are used on the work. If any or all of such items or equipment are not to be operated on the work, contractor shall so advise the Architect by letter at time of submitting proof of carriage of insurance. 7. Owner, Contractor, subcontractors, and sub-subcontractors shall be named as joint insurers under each required insurance and each insurance shall include a waiver of subrogation rights with respect to the Owner. Each liability insurance shall include a waiver of care, custody, and control exclusions except for the portion of work actually being performed or installed. 8. Independent Contractors - Same limits as above. 16.1.2 The contractor shall secure, pay for and maintain at all times during the prosecution of the work a t1Comprehensive General Liability" policy providing the Owner as a named insured with the following limit: Combined Single Limit - $1,000,000.00 16.1.3 Furnish one copy of certificates herein required for each copy of the Agreement; specifically set forth evidence of all coverage required by subparagraphs 11.1.1 and 11.1.2. The form of the Certificate shall be AlA Document 0705 or other 19 approved form. Furnish to the Owner, copies of any endorsements that are subsequently issued amending coverage or limits. Delete Clauses 16.3, 16.4 and 16.5 ARTICLE 20: TERMINATION OF CONTRACT Add the following: 20.3 If Owner is compelled to incur any expenses including reasonable attorney's fees in instituting and prosecuting any action of proceeding by reason of any default of CONTRACTOR hereunder, the sum or sums so paid by OWNER with all interest, costs, and damages shall be due from CONTRACTOR to OVVNER on the first day of the month following the incurring of such respective expenses. This provision shall be deemed to be a separate contract between the OVVNER and the CONTRACTOR and shall survive any default, termination or forfeiture of this Contract. ARTICLE 21: MISCELLANEOUS REOUIREMENTS 21.1 Wording of These Svecifications These specifications are of the abbreviated or "streamlined" type and frequently include incomplete sentences. Words such as "shaW, "shall be", "the contractor shall", and similar mandatory phrases shall be supplied by inference in the same manner as they are in a note on the drawings. The contractor shall provide all items and shall perform all operations listed and shall furnish all labor, materials, equipment, services, and incidentals required for their completion. 21.2 " Mechanical Contractor 'I - " Electrical Contractor" Only the General Contractor has any contractual relationship with the Owner. References in the mechanical or electrical specifications or on the drawings to ltMechanical Contractor", "Electrical Contractor", or any other contractor named by trade shall mean the general contractor to whom this contract is awarded. 21.3 Number of Svecified Items Reauired Wherever in these specifications an article, device or piece of equipment is referred to in the singular number, such reference shall apply to as many articles as are shown on the drawings or required to complete the installation. 21.4 Work bv Owner Owner shall have the right to occupy any portion of the work which has been substantially completed and to install or do other work not included as a part of this contract. 21.5 Prior Use or Occuoancv 20 The Owner reserves the right to use or occupy the project site or any part thereof prior to final acceptance. Such use or occupancy shall not constitute acceptance of the work or any part thereof. 21.6 Definitions The word "approved" as used herein means "approved by the Architect'!. "For approval means tffor the Architeds approval If. II 8 elected II means Ilselected by the Architect'!. IIProvidell means "furnish and instalI". Where the words "or approved" are used, the Architect is the sole judge of the quality and suitability of the proposed substitution. The project Landscape Architect and the term "Architect", as referenced in the specifications shall be used interchangeably. 21.7 Inadeauacies and Omissions Contractor shall give written notice of any inadequacies and/or omissions in the plans and specifications within a reasonable time after commencing work. After such time as determined reasonable by the Architect, the contractor shall be responsible. CONTRACT AGREEMENT AlA Document AID1, Standard Form of Agreement Between Owner and Contractor, 1997 Edition, is hereby included by reference and shall be a part of the Contract Documents. Copies of AlA Document A10l are available for review at the office of the Architect. Copies of the document may be purchases from the American Institute of Architects or its local distributor. 2] BID BOND AlA Document A310, Bid Bond, is hereby included by reference and shall be a part of the Contract Documents. Copies of AlA Document A31 0 are available for review at the office of the Architect. Copies of the Document may be purchases from the American Institute of Architects or its local distributor. 22 PERFORMING/P A YMENT BOND The successful Contractor shall secure and pay for "Performance Bond, Labor and Materials Payment Bond" AlA Document A311, latest edition. Liability under each of the bonds shall be 100% of the contract sum. Attorney who executes required bonds on behalf of surety shall affix thereto a certified and current copy of his Power of Attorney indicating the monetary limit of such power. No work will commence prior to delivery of the above documents to the Owner. 23 CONTRACTOR'S AFFICA VIT CONCERNING TAXES STATE OF COUNTY OF Pursuant to the Idaho Code, Title 63, Chapter 15, I the undersigned, being duly sworn, depose and certify that all taxes, excises and license fees due to the State of Idaho and its taxing units, for which I or my property is liable, then due or delinquent, have been paid, or arrangements have been made, before entering into a contract for construction of any public works in the State of Idaho. Name of Contractor Address City and State By: Authorized Representative Subscribed and sworn to before me this _ day of 20 . Notary Public, residing at Commission Expires: 24 25 November 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT November 22, 2005 ITEM NO. 5-0 REQUEST Sanitary Sewer Easement Agreement for Sutherland Farm No.5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OffiCE: OTHER: See Attached Easement Mf~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Memo To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 11/9/2005 Re: Proposed Agenda Items for 11/15/05 City Council Meeting City of Meridian Public Works Dept. The Public Works Department respectfully requests that the following items be placed on the 11/15/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Sutherland Farm #5. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Sutherland Farm #5 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of November , 20~bet:vv'een Great Sky Inc. , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement EASMT.SWR.doc described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WIThTESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: <:;;:::~ Trevor C. Robelis, President STATE OF IDAHO ) ) ss County of Ada ) On this ~ day of 7~J.u-..' ,20~before me, the undersigned, a Notary Public in and for said State, personally appeared 7/;.flA~VC. ~ and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within. instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) ,......,...,~.t~.~;ffff", ..i" 't-~ ~.""....~""('If..~ ! ~/. ~OTA~ :\~\ i { j j \. tP.\ PUBL\C l ! ~"f:: ;-s.;;;t\~~ ~~,...... ....,................," Sewer Main Easement EASMT.SWR.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada On this_day of ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sewer Main Easement EASMT.SWR.doc Project: Date: 10-04-081 November 8, 2005 PARCEL DESCRIPTION SUTHERLAND FARM SUBDIVISION NO.5 SANITARY SEWER EASEMENT A parcel of land situated in a portion of the Northeast 1/4 of the Southwest 1/4, of Section 11, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of Section 11; thence along the Westerly boundary of Section 21, North 00" 00'17" West, 1,350.08 feet to the South 1 /16 corner of said section; thence along the Southerly boundary of the North 1/2 of the Southwest 1/4 of Section 21, South 89" 21'54" East, 1,233.92 feet to the Western boundary of Sutherland Farm Subdivision No.5; thence along said boundary, the following nine (9) courses and distances: (1) North 00"14'06" East, 24.64 feet; (2) North 89"45'54" West, 148.85 feet; (3) along a non-tangent curve to the left 20.00 feet, having a radius of 325.00 feet, and a long chord which bears North 01" 43'38" West, 20.00 feet; (4) South 86"30'36" West, 50.00 feet; (5) along a non-tangent curve to the left 78.26 feet, having a radius of 275.00 feet, and a long chord which bears North 11 "38'32" West, 77.99 feet; (6) North 19"47'41" West, 27.32 feet; (7) along a non-tangent curve to the right 55.63 feet, having a radius of 353.86 feet, and a long chord which bears South 78057'28" West, 55.58 feet; (8) North 06"23'59" West, 70.02 feet; (9) North 00"52'14" East, 501.79 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 00.52'14" East, 30.00 feet; thence South 89007'46" East, 116.41 feet; thence North 51 "19'02" East, 142.18 feet; thence North 89054'55" East, 84.15 feet; thence South 43023'51" East, 142.39 feet; thence along a non-tangent curve to the left 25.12 feet, having a radius of 125.00 feet, and a long chord which bears South 25054'09" East, 25.11 feet; thence South 29006'02" East, 10.29 feet; thence North 8T 26'35" West, 28.64 feet; thence North 43"23'51" West, 141.77 feet; thence South 89054'55" West, 60.70 feet; thence South 51019'02" West, 64.51 feet; thence South 23.59'03" West, 97.21 feet; thence North 65" 43'49" West, 30.00 feet; thence North 32" 34'22" West, 33.38 feet; thence North 89"07'46" West, 103.22 feet to the POINT OF BEGINNING. Containing 0.397 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/TLK:lhc P:\GAL\10-04-081 - Sutherland Farm No. 5\1 0.04-081-Admin\10-04-081-SSewEase.doc Parcel Description Sutherland Farm Subdivision No.5 November 8, 2005 Page 2 20 21 NOO'S2'14"E 30.00' R ~ 100 50 SCALE: 1"=1'800' 200 ~ ~ ~ g ~ November 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT November 22, 2005 ITEM NO. 5-E REQUEST Water Main Easement Agreement for Marce Subdivision: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Easement 01f{) vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 11/9/2005 Re: Proposed Agenda Items for 11/15/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 11/15/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Marce Subdivision (proposed), Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Marce Subdivision (proposed) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT J~~~. ''e. +. TillS lNDENTURE, made this _ day of -' 20_between M-ltJ'Ll'..-lj, L- 14 t .p~ the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, da County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHJBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional cOilllection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VB AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMTWTR THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~1J~~e~\,~ \~r--.., p; n. ' '\ '~l;,. '----~~ ~. p,ta.,rc.e.~iA.. L, (.u1la STATE OF IDAHO ) ) ss County of Ada ) On this <6 th. day of (\0 V f.~'i\k: { , 20 Qi before me, the undersigIJed, t lfotaIy Public in and for said State, personally appeared J. C\.'\n {).\ 't \'\'\), l:" (I otiL 11IJ1 L.J ~ ~ 't. and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN" WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ",,"""';~';;~N""####4IJ .l'~~\.""'''''..~rf''f: ~\ (SEAL'f t...!JI. ~OTA.t1-2~ \ : i. -.- ! \ \ Jal1BL\C I \<P~~ ~Ol ~####,,~I! OF \'0 ~-,.-" ,,,,......,'1' Water Main Easement EASMTWTR GRANTEE: CITY OF 11ERIDIAN T&mmy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada On this _day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WilLIAM G. BERG, JR., known to me to be the Mayor and 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMTWTR g~~:Eg:E~ ~~ A 55 g~~5 MASOM'5 ~ ~!iJ1'l~~~5 l~~", PROFESSIONAL ENGINEERS, LAND SURVEYORS & PLANNERS 314 BADlOLA STREET CALDWELL, IDAHO 83605 TELEPHONE: (208) 454-0256 FAX: (208) 454-0979 Email: jbeagley@emands.net FOR: Renny Wylie JOB NO.: AP0305 DATE: September 14, 2005 RE: Marce Subdivision Water Easement (Exhibit A) WATER LINE EASEMENT DESCRIPTION PROPOSED MARCE SUBDIVISION The aforementioned easement is intended to replace a vacated Water Main Easement recorded as Inst. No. 103105409 in the Office of the Recorder of Ada County, Idaho. A strip ofland intended to be an easement for the purposes of construction and operation of water line facilities. The easement shall include the right of ingress and egress in, from, to and over said easement for the purpose of maintenance, repair, improvement and replacement of said water line facilities. The easement is more fully described in the description below. The location of the easement is illustrated in Exhibit "B" hereto. A strip ofland being a portion of Lots 1,2,3 and 4 Block 1 of Krispy Kreme Subdivision as on file in Book 88 of Plats at Pages 10,167 through 10,169 in the Office ofthe Recorder of Ada County, Idaho. Also, a portion of Lots 2 and 9 of Block 1 of Treasure Valley Business Center No. 1 as on file in Book 53 of Plats at Pages 4,790 through 4,792 in the Office of the Recorder of Ada County, Idaho. Said strip located in the NE 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: Commencing at the NE comer of said NE 1/4, (section comer common to sections 4, 5, 8 and 9), said comer momunented with a brass disk; Thence N. 89048'52" W., a distance of 485.65 feet along the northerly boundary of said NEl/4 to a point; Thence S. 0011 '08" W., a distance of 78.05 feet perpendicular to the northerly boundary of said NEl/4 to a point on the northerly boundary of said Krispy Kreme Subdivision, said point being the POINT OF BEGINNING of said easement. Thence S. 0024'45" W., a distance of 58.06 feet to a point; Thence S. 89035'15" E., a distance of190.31 feet to a point; Thence S. 0024' 45" W., a distance of29.50 feet to a point; EARL, MASON & STANFIELD INC. PROFESSIONAL ENGINEERS, LAND SURVEYORS, & PLANNERS Page 2 of 4 MaTce Subdivision- Wylie-AP0305\Survey\legals\ Water Easement Thence N. 89035'15" W., a distance of 5.00 feet to a point; Thence N. 0024'45" E., a distance of24.50 feet to a point; Thence N. 89035'15" W., a distance of 185.31 feet to a point; Thence S. 0024'45" W., a distance of 65.41 feet to a point; Thence S. 89035'15" E., a distance of 10.00 feet to a point; Thence S. 0024'45" W., a distance of 5.00 feet to a point; Thence N. 89035'15" W., a distance of 10.00 feet to a point; Thence S. 0024'45" W., a distance of 178.57 feet to a point; Thence S. 23045'42" E., a distance of 29.45 feet to a point; Thence S. 0024'45" W., a distance of75.86 feet to a point; Thence S. 89035'15" E., a distance of9.00 feet to a point; Thence S. 0024'45" W., a distance of 5 .00 feet to a point; Thence N. 89035'15" W., a distance of9.00 feet to a point; Thence S. 0024'45" W., a distance of61.50 feet to a point; Thence S. 89035'15" E., a distance of9.00 feet to a point; Thence S. 0024'45" W., a distance of 5.00 feet to a point; Thence N. 89035'15" W., a distance of9.00 feet to a point; Thence S. 0024'45" W., a distance of 68.32 feet to a point marking the beginning of a non-tangent curve left, said point being on the southerl)' boundary of said Lot 4; Thence along said southerly boundary a distance of21.41 feet along the arc of said curve, having a radius of 160.00 feet, through a central angle of 07040'06", the long chord ofwmch bears N. 68045'50" W., a distance of 21.40 feet to a point; Thence leaving said southerly boundary, N. 0024' 45" E., a distance of 120.36 feet to a point; Thence N. 89035'15" W., a distance of19.00 feet to a point; Thence N. 0024'45" E., a distance of 5.00 feet to a point; Thence S. 89035'15" E., a distance of 19.00 feet to a point; EARL, MASON & STANFIELD lNc. PROFESSIONAL ENGINEERS, LAND SURVEYORS, & PLANNERS Page 3 of 4 Maree Subdivision - W y lie- AP 03 05\Survey\legals\ Water Easement Thence N. 0024'45" E., a distance of 54.79 feet to a point; Thence N. 89035'15" W., a distance of 19.00 feet to a point; Thence N. 0024'45" E., a distance of 5.00 feet to a point; Thence S. 89035'15" E., a distance of 19.00 feet to a point; Thence N. 0024'45" E., a distance of18.64 feet to apoint; Thence N. 23045'42" W., a distance of2.71 feet to a point; Thence S. 66014'18" W., a distance of21.00 feet to a point; Thence N. 23045'42" W., a distance of 10.00 feet to a point; Thence N. 66014'18" E., a distance of21.00 feet to a point; Thence N. 23045'42" W., a distance of16.74 feet to a point; Thence N. 0024'45" E., a distance of 17.48 feet to a point; Thence N. 89035' 15" W., a distance of20.00 feet to a point; Thence N. 0024'45" E., a distance of5.00 feet to a point; Thence S. 89035'15" E., a distance of20.00 feet to a point; Thence N. 0024'45" E., a distance of 40.82 feet to a point; Thence N. 89035' 15" W., a distance of20.00 feet to a point; Thence N. 0024'45" E., a distance of 5.00 feet to a point; Thence S. 89035' 15" E., a distance of 20.00 feet to a point; Thence N. 0024'45" E., a distance of 47.51 feet to a point; Thence N. 89035' 15" W., a distance of20.00 feet to a point; Thence N. 0024'45" E., a distance of 5.00 feet to a point; Thence S. 89035' 15" E., a distance of 20.00 feet to a point; Thence N. 0024' 45" E., a distance of 8 0.00 feet to a point; Thence N. 89035'15" W., a distance of20.00 feet to a point; EARL, MASON & STANFIELD INC. PROFESSIONALENGINEERS, LAND SURVEYORS, & PLANNERS Page 4 of 4 Marce Subdivision- W ylie- AP0305\Survey\1egals\ Water Easement Thence N. 0024'45" E., a distance of 5.00 feet to a point; Thence S. 89035'15" E., a distance of20.00 feet to a point; Thence N. 0024'45" E., a distance of60.51 feet to a point; Thence N. 89035'15" W., a distance of27.00 feet to a point; Thence N. 0024'45" E., a distance of 5.00 feet to a point; Thence S. 89035'15" E., a distance of27.00 feet to a point; Thence N. 0024'45" E., a distance of 45.00 feet to a point; Thence S. 89035'15" E., a distance of20.00 feet to the POINT OF BEGINNING of said easement. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. ~;,0.~~22~;~4B M.. .'E SUBDIVISION WATER EASEMENT EXHIBm~ CPW 1102030978 .-O~'_.---~~'-;;;=::;....:::---=--.-.='- "'r~:W_ _._ _ H';'" -~=-+::-~--._=.--=o=-::-;-~ ".~'" , i" 'BEGmNING JL: ~ E. F""WEW A'" L I'."'''''' " I I I ~~ ~ LOT 2 -:, : ~ Z~ ~~~~i:;~~ D1::A:CE I Ll I I DLT ~i:~:~ !~ l~ 1 ~ ~~J!~ ~~ :II~ LOT '-BLOCK! i I I ~,;i' to: a;;:rii~ ;; , ~ N :~ i ~:,: 0 I : -q; I '" ~ ~ ~ 1 L... ''"' m ~~~I~~ ;;:;; BOO:~n~~'~o.~~~D;;;S~O~o, 169 ! i ~I' ~ t- ~ --11- ~ 20.00' ('>p) 117 ~~;:;;::;:~ :~:~~ I i :i I ~ ~ ~ ";;';~~ i~ ~~~:~~::~:': 2~'.~~ : SB9'JS'1S"E rl I ,,~, -u, ~: ill ~5~;J:t :lE ~;:"T-----+-----~ , i :i.::::!lli l~ 2 i III-i' i~ : ~iti~;:;;~2 ,""I 'ro" p" Bl aCK i ~ 4 I ~ 0 Found 5/8 inch dio. iron pin PLS 4998 J i \~ \. t~~ ~~m:~ri Z~ I ~ ~:~e~/;t~~hWi:~o,n~te; inch iron pin 4~ ~J~~<<~ \~ i ;~~~o:t:/2c~~c:L:iO~~:~ pin PLS 4998 :~~,:,':,":,i'!~ ::':'~8~! Ii J) _ ~~~;~~;;2":;t'~o 9223gB< " .~ ------- Section line I [ ";::....J ------- Property boundary line ~:!~ d'~ ql'~/D!; <:;) I Lot Line ! ~i lLjA~ .,,.~ OF \f;)"'~ I ___n______________ Water easement ,I S~=J'::=~ :\sA ~ V'~~J:' S.... ~G.\..<t- I I ....ll--i;~--------~~~.------ i i I y I I.!C NB9'3S'lS"W 1993B' ---4- - - - - - - -'lr - - - - - - --6 I ".02' !(g>::,:,i ~:Ir;'w ,.., BOOKro;r:.P~::~;:w;.~~;:O~O.," 1) E1/~ Cor. Sec. 8 CPM /101109939 ,I '" I CURlof' I RC I R 0 US I DE T 11 CE T I CHORD aRC I ONC CH I ~@'~9 ,M'@~(iMl;9 ~ ~ilf,;:?!,t~fJi~g,9 :UUfJ. Ei#.r.W- - - -lLJ . ".. ;,,, . ,:~oo . ,~:~~':,~:; . ,~",";'''~'. Prof,,,;,o,l ~L';;:~ · Pl,oom 'X~J~01 314 Ba;~r~f~150:~1~i~5i:x 83805 ........... ........... ........... ...........~ ADA COUNTY RECORD~!,-I DAVID NAVARRO BOISE IDAHO 12/15/05' .5 PM DEPUTY Vicki Allen RECORDED-REQUEST OF Meridian City AMOUNT .00 44 111111111I1111111I1111111 JIIIIIIIIIII 1051 '31337 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian 2070, LLC, Owners MCA Construction, Inc., Developer THIS DEVEL044NT AGREEMENT (this "Agreement"), is made and entered into this-t- day of J/;i/AtlL2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and 2070, LLC, hereinafter called "OWNERS" and MCA Construction, Inc., hereinafter called "DEVELOPER" . 1. RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, 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. ~ 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" and/or "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 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and/or "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-40) High Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and/or "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 DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 1 OF 11 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 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 20th day of September, 2005, has approved certain 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 "Owners" and/or "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and/or "DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owners" and/or "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 City Code Title 11 and Title 12. 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. DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 2 OF 11 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 law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to 2070, LLC, whose address is 1301 N. Forestdale Place, Eagle, Idaho 83616, the parties who own the said "Property" and shall include any subsequent owner(s) of the "Property" . 3.3 "DEVELOPER": means and refers to MCA Construction, Inc., whose address is 1301 N. Forestdale Place, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain paredes) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be annexed and zoned R-40 (High Density Residential) 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 under "City's" Zoning Ordinance codified at Meridian City Code Section ll.:1:2....(E) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the R-40 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-028 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 3 OF II 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated May 23,2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owners" and/or "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subj ect property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The applicant has submitted elevation drawings for the proposed dwelling units included with the CUP. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Arnke Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and/or "Developer" or "Owners" and/or "Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 4 OF 11 effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-6509, or any subsequent amendments orrecodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and/or "Developer" and if the "Owners" and/or "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" and/or "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 thereofin accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and/or "Developer", "Owners" and/or "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 ofthe terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and/or "Developer" of anyone or more ofthe covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 5 OF 11 "Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or "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. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMED IES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and/or "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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and/or "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 necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owners" and/or "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 oftime of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~12-5-3, to insure that installation of the improvements, which the "Owners" and/or "Developer" agrees to provide, ifrequired by the "City". DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 6 OF 11 15. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "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". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or "Developer" agrees 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. 17. 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: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 MCA Construction. Inc. 1301 N. Forestdale Place Eagle, Idaho 83616 OWNERS: 2070. LLC 1301 N. Forestdale Place Eagle. Idaho 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ill 83642 DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 7 OF II 17.1 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. 18. 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. 19. 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 . 20. 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 "Owners" and/or "Developer" of the "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 "Owners" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and/or "Developer" has fully performed its obligations under this Agreement. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and/or "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 DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 8 OF 11 "Owners" and/or "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". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subj ect "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. 23. 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 ofthe "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as, hereinabove provided. OWNERS: 2070, LLC DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 9 OF 11 CITY OF MERIDIAN STATE OF IDAHO, : ss: County of Ada, On this /5 day of /jI'Q V ,2005, before me. the undersigned, a Notary Public in and for said State, personally appeared Michael Arnke, on behalf of2070, LLC, known or identified to me to be the 'AN'''''- ~ of said corporation, who executed the instrument on behalf of said co oration, and acknowledged to me that he executed the same. (SEAL) N~~/ Residing at: W~t~.s ~Q l?A0k PAGE 10 OF 11 STATE OF IDAHO, : ss: County of Ada, My Commission Expires: 05/aq 17-0["2. Onthis /S dayof 4/8y' ,2005, before me; the undersigned, a Notary Public in and for said State, personally appeared Michael Arn)j;e, 01). behalf OfMCA. Construction, Inc.; known or identified to me to be the A.F-5" /hM ,?---, of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he 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. (SEAL) STATE OF IDAHO : ss Notary';~~-- Residing at: w!:=u..s ~o iSlWf<- My Commission Expires: 05'/0'1 he (2. County of Ada ) On this 221ld day of N ()Vr m beY ,2005, before me, a Notary Public; personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. .....ii..... ...~~~--.:..f!...qJ... .,-0 ~/~OT4~):~.e " I . .. (SEAL) : f i : II \ I . .. \ / e -.~\,A~ ,/ ... ..1~;/!!R!.l..v,~o.. ...'OF rp~.. DEVELOPMENT AG~EMENT (AZ 05-028) ARNKE SUBDIVISION ~ J00dtlYlll ~ 0 iJvL) Notary Public for Idaho Residing at: rOltC1 llX Lt. \0 Commission expires: lG-ll-ll PAGE 11 OF 11ll CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 C. Legal Description claiborn .... waite consultingjk engineers e\ sUlveyor5 1461 S. Teare A\'l:Ilue Meridian, Idaho 83642 {l08, 288~2693 Fax (208) 8S4.8002 P.N. 2234 May 4, 2005 ANNEXATION & REZONE DESCRIPTION FOR PROPOSED ARNKE SUBDMSION ApllJ"cel orland located in the Northeast 1/4 of Section II, T.3N,. R.IW., B.M., Meridian, Ada County, Idaho, and being; more particularly described as foUows: Commencing at the EasI 1/4 comer of said Section II, from which the Center 1/4 comer bears N 89010'36" W, 2655,10 feet; thence N 89"10'36>> W &long the South boundary of said Northeast 1/4, also being the centerline ofW. Pine Avenue for a distance of 143 1.35 teet to the REAL POINT OF BEGINNING; then<:e leaving said South boundary N 00"29'24" E fOT a distance of 264. 11 feet (fonnerly described as N OO~02' E. 263.6 feet); thence N 89"38'27" W fOT a distance of 46.97 feet; therK:e N 76041'50" W for B distance of94.49 feet (fonnerly described as N 77039' W, 95.1 feet); thence N 83"29'07' W for a dist8J\cc of218,62 feet (fonnerly descn'bed as N 84033' W, 218.4 feet); thence S 00"51'32" W for a distance of 3 OS. 88 feet (formerly described as S 00002' W, 304.6 feel) to a point on the South boundary of said Northeast 1/4, also being the centerline ofW. Pine Avenue; thence S 89"10'36>> E for 8 dilltance of 358.50 feet to the POINT OF BEGINNING; containing 2.34 acres of land, more or less, e~R9f'h~ Prepared by; Todd R, Waite P.L,S, t...~/\ t .~ " :~: 1-::- \\Spudl\projecl.Mmkc (22)4)lDocument5\ARNICEAnnex~.00c.1 ME;RIUI"tl PUBLIC W0!1K~ OEP". C-I CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 2.06 acres from RUT (Ada County) to R-40 (High Density Residential) AND Preliminary Plat Approval of 18 building lots and 3 common lots on 2.06 acres AND Conditional Use Permit App.'oval for 18 townhouses in a proposed R-40 zone, for Arnke Subdivision, by Michael Amke. Case No(s): AZ~05-029; PP-05-028, CUP-OS-037 For the City Council Hearing Date of: September 20, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509_ The matter was duly considered by the City Council at the September 20, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction oftl1e City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2, Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code g67-6509, 6512, and Meridian City Code gS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proofof Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S). AZ-OS-029/ PP.OS.028 / CUP.OS-037- PAGE 1 of5 a. In addition to the application and propelty facts noted in the staff report and the Planning & Zoning Recommendation for the subject appIication(s), it is hereby verified that the property owner(s) of record at the time ofissuance of these findings is Don and Betty Heffel. 4. Required Findings per Zoning and Subdivision Ordinance a. See the staff report attached as Exhibit A for the findings required for these applications. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of ]975," codified at Chapter 65, Title 67, Idaho Code (I.C. S67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted all order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary Plat dated May 3, 2005 as shown in Exhibit A, the Site Plan dated May 4,2005 as shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit A, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit A, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit A. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISlON & ORDER CASE NO(S). AZ-OS-029! PP-05.028 I CUP-OS-037- PAGE 2 of5 Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated May 3, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 4,2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibit A. 4. The following modifications to the site specific conditions for the Conditional Use Pennit were made at the September 20,2005 City Council hearing; i. Add a Condition which states: "The applicant shall construct a 6 foot solid vinyl fence on the exterior perimeter of the property." ii. Add a Condition which states: "The approved elevations shall include brick on the rear of the buildings." D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Pennit Duration Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must conunence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of pennanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the counciL If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11~17-4.B.) 2. Notice ofTweJve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 J PP-OS-028 I CUP.05-037. PAGE 3 of 5 construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis L The Applicant is hereby notified that pursuant to Idaho Code 67-8003~ the Owner may request a regulatory taking analysis. Such request must be in writjng~ and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis wiII toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52) Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report By action of the City Council at its regular meeting held on the 20~ day of Srplrm \f'r , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~ ~~/A~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{S). J\Z.OS-029/ PP-OS-028 / CUP-OS.03? PAGE 4 of5 Attest: and City Attomey. By: City Clerk's Office Sh ()J1 fY7 ~c/0 Dated: 10 -- 11- 05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEcrSION & ORDER CASE NOeS). AZ-OS-029 / PP.05-028 / CUP-OS-037- PAGE 5 of 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. OUESTIONS? CALL (20S) IIR4-SS33 STAFF REPORT City Council Hearing Hearing Date: 9/201200S Mayor, City Council Josh Wilson, Associate City Plalmer Michael Cole, Development Services Coordinator Arnke Subdivision TO: FROM: SUBJECT: AZ-OS-029 2,06 acres from RUT (Ada County) to R-40 (High Density Residential) PP-OS-028 18 building lots and 3 common lots on 2.06 acres CUP-05-037 18 townhouses in a proposed R-40 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Michael Arnke, has applied for Almexation and Zoning (AZ), Preliminary Plat (PP) , and Conditional Use Pennit (CUP) approval of 18 building lots and 3 common/other lots on 2.06 acres. The site is located on the north side of W. Pine Avenue approximately one-quarter of a mile west of Linder Road. This site is currently rural residential with one single family residential building and accessory buildings_ The site has not been previously platted. 2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING · On August 18,2005, the Planning & Zoning Commission made a recommendation for approval on the subject application, as reflected in the Clerk's record and the minutes and duly considered the evidence and the record in this matter. · Staff presenting application: Josh Wilson presented the application, · In favor: Shawn Nickel, applicant's representative and Michael Arnke, applicant · In opposition: None. · Commenting: Paul Geile · Key Commission Changes to StaffReconunendation: o Accept changes to staff report as outlined in the memo from Josh Wilson, dated August 18, 200S, with the following changes: · Modify Item #2 to incJude the requirement for a cross-access agreement with the LDS church property to the east, prior to submittal ofthe final plat. · Modify Item #4 to read "The request for the installation of a security gate at the entrance to the service drive from E. Pine Avenue is approved, and the applicant shall work with Planning and Zoning staff to provide an acceptable escape route for vehicles that do not have access to the development." (I Outstanding Issues for City Council: o Staff is not in support of the request for a security gate at the entrance to the Amke Subdivision- AZ-05-029, PP-OS-028, CUP-OS-037 PAGE I CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 development fi'om E. Pille A venue. The applicant should detail at the hearing how the gate will be designed to minimize interference with traffic on E. Pine Avenue. The applicant should address stacking capacity, demonstrate an escape route for vehicles that do not have access to the development in order to prevent vehicles from backing out onto E. Pine Avenue, and address Fire Department concerns. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2070 W. Pine Ave. I N. side ofW. Pine Ave., W. ofN. Linder Road 3N1W1J b, Owner; Don and Betty Heffel 8401 Justine Court Las Vegas, Nevada 89128 c. Applicant: Michael Arnke 8401 Justine Court Las Vegas, Nevada, 89128 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: COUNTY f. Present Comprehensive Plan Designation: High Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (aUached as Exhibit AI): 5/03/05 2. Date of CUP site plan (attached as Exhibit A2): 5/04/05 3. Date oflandscape plan (attached as Exhibit A3); 4/24/05 h. Applicant's Statement/Justification (reference submittal matedal): Shawn 1. Nickel. SLN Planning, Inc. has submitted a Letter of Intent with the application, dated May 15, 2005 for the AZ and PP, and July 14, 2005 for the CUP. The applicant states that the request is consistent with the Comprehensive Plan and will benefit the public interest by providing a diverse housing type. 4. PROCESS FACTS a. The subject application will in fact constitute an amlexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 1] Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as detennined by City Amkc Subdivision- AZ-05-029, PP-OS-028, CUP-05-037 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS?CALL(208) 884.5533 Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: July 18 and August 1,2005 e, Radius notices mailed to properties within 300 feet on: July 20, 2005 f. Applicant posted notice on site by: July 26, 2005 5. LAND USE a. Existing Land Use(s): Rural Residential b. Description of Character of SUlToullding Area: c. Adjacent Land Use and Zoning 1. North: Existing residence and vacant land (for future expansion of Meridian High School), zoned R-4. 2. East: LDS Seminary and Meridian High School, zoned R-4. 3. South: W. Pine Avenue and Merrywood Subdivision, zoned R-8. 4. West: Existing Residence and vacant land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer service is available via an existing main located in the Meridian High School property. Location of water: Water service is being proposed via an extension of an existing main Jocated in W. Pine Avenue. Issues or concerns: The preliminary plat indicates that sewer service for this proposed development would be via extension of proposed sewer mains to the north. At this time, the Public Works Depaliment has not received any plans that show this line being installed. 2. Vegetation: Nt A 3. Flood plain: NtA 4. CanalslDitches Irrigation: Nt A 5. Hazards: NtA 6. Proposed Zoning: R-40 (High Density Residential) 7. Size of Property: 2.06 acres f. Subdivision Plat Information 1. Residential Lots: 18 2. Non-residential Lots: NtA 3. Total Building Lots: 18 4. Common Lots: 5, Other Lots: NtA Arnke Subdivision- AZ-05-029, PP-OS-028, CUP-05-037 PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 6. Total Lots: N/A 7. Open Lots: NIA 8. Residential Area: 2.06 acres 9. Gross Density: 8.74 units per acre g. Landscaping 1. Width of street buffer(s): 20 feet on W. Pine Avenue required (Urban CoUector); applicant has shown 25 feet on Preliminary Plat. 2. Width of buffer(s) between land uses: MCC states that the required buffers between land uses of differing intensity shall be provided by the more intense use. The Meridian High School parcel on the north will be required to provide a 20 foot land use buffer at time of development. 3. Percentage of site as open space (pP and PD applications): 10% is required, 10.90% was provided h. Conditional Use Information I. Non-residential square footage: N/A 2. Proposed building height: Within 40' R.40 height limit 3. Percentage of site devoted to landscaping: 23,130 square feet (26,8%) 4. Number of Residential units: 18 I. Proposed and Required Residential Standards R-40 Setbacks Proposed Required fu~ ~ W Street side NI A 20 Side 10 0 Rear 10.44 15 Frontage 0 0 Lot Size 2,752 sq. ft. PLEASE NOTE: The applicant has not submitted a Planned Development application; therefore all setbacks and dimensional standards are to be per the R~40 zone. The setbacks and dimensional standards proposed by the applicant do not meet the R.40 zone minimums and cannot be approved. The required R-40 setbacks shall be measured from the external boundaries of the property as a whole. m. Summary of Proposed Streets andlor Access (private, public, common drive, etc.): 1. The applicant has proposed a private "service drive" which is 26 feet from back of curb to back of curb, with 24 feet of asphalt and has a sidewalk on One side. For a detailed report on the public streets and access points to public streets, please refer to the staff report from the Ada County Highway District. 6. AGENCY COMMENTS MEETING On July 1, 2005 staff held an agency conunents meeting. Arnkc Subdiyision- AZ-05-029, PP-05-028, CUP-OS-03? PAGE4 CITY OP MERIDIAN PLANNING AND ZONING DEPARTMENT STAPP REPORT. QUESTIONS? CALL (20R) 884-5533 Staff has included all comments and recommended actions as Conditions of Approval from the meeting attached as Exhibit B. 7. COMPREHENSIVE PLAN POLICmS AND GOALS Staff finds that the proposed zoning designation, R-40, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be High Density Residential. There is a maximum density of 40 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Arnke Subdivision is 8.71 dwelling units per acre. I got 8.74?? Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): o Require that development projects have plalUled for the provision of all public services (Chapter vrr, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: · Sanitary sewer and water seJ1lice will be extended [0 the project at the developer's e.. pense. .. 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 currentfy shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #2 and the project lies within the Meridian Fire Department's five-minute response zone. a 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 (ACHD). This service will not change. .. The subject lands are currently serviced by the Meridian School District #2. This service will not change. · The subject lands are currently serviced by the Meridian Librwy District. This seJ1lice will not change and the Meridian Library District should sldfer no revenue lass 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 and Zoning Department, Meridian Utility Billing Services, and Sanitwy Services Company. · Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties to the west and east of the subject site are designated for high density residential uses on the Comprehensive Plan Future Land Use Map. The land to the north is designated for Public/Quasi-Public uses for expansion of Meridian High School. These surrounding uses are compatible with the proposed development. o Support" variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of Amke Subdivision- AZ-05-029, PP-05-028, CUP-05-037 PAGE 5 CITY or MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 providing the City with a range of affordable housing opportunities (Chapter VII, Goal N, Objective C, Action 10) The subject property is designated High-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for high-density residential development. This proposal meets the Comprehensive Plan definition of high-density, with a gross density of 8.71 dwelling units per acre. o Chapter VII Goal IV Objective D Action 2. Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one 24 foot curb cut on W. Pine Avenuefor all of the units in the development. 2. Chapter VII Goal IV Objective D Action 5. Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant has provided a 25 foot landscape buffer along W. Pine Avenue, which exceeds the required buffer along Urban Collector roadways, such as W. Pine Avenue. The bliffer will be planted with vegetation consistent with Meridian City Code. 3. Chapter VII Goal V Objective A Action 1. Designate specific areas with adequate public services for high density residential. The proposed development is adequately served by public services. 4. Chapter VII Goal V Objective A Action 14. Locate high-density development~ where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares. The proposed development is near Old Town and is located on an Urban Collector roadway. 5. Chapter VII Goal V Objective A Action 4. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. The applicant has proposed a townhouse development, which adds to the diversity of hOUSing in Meridian. Staff finds that the proposed R-40 zoning designation is harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Townhouses as conditional use in the R~40 zoning district. b. Purpose Statement of Zone: R-40 High Density Residential District: The purpose of the R-40 district is to pennit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the municipal water and sewer systems ofthe city is required. c. General Standards: According to MCC 11-17-1, the City should impose any condition(s) deemed necessary to insure compatibility of the development (CUP) with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of the Al'I1kc Subdivision- AZ-OS-029, PP-OS.028, CUP-OS-037 PAGE 6 CITY OF MERIDIAN PLANNING AND ZONING DEPARTM ENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 ordinance. Please see Conditions of Approval in Exhibit B. 9. ANALYSIS a. A1mlysis of Facts Leading to Staff Recommendation ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis offacts and findings, 1. The aru1exatiOll legal description submitted with the application (stamped on 5/04/05 by Todd Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the almexation 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 aoolicant shaH contact the City Attornev Bill Nary at 888-4433 to initiate this orocess. The DA shall incorporate the following: o That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/o!' septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-5] 7, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. o That an future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall 110t involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftraffic, noise, smoke, fumes, glare or odors. e The applicant has submitted elevation drawings for the proposed dwelling units included with the CUP. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Arnke Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed town11Ouse residential products. Please see Exhibit D for detailed analysis of facts and fmdings. 1. Street Buffer alon2' W. Pine AvenuelLots 2-4 and 16-21: The applicant has proposed a 25 foot landscape buffer along W. Pine Avenue and a 20 foot buffer is required by Arnke Subdivision- AZ-05-029, PP-05-028, CUP-OS.037 PAGE 7 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (20B) 884-5533 ordinance. In order to make the proposed development [unction and meet the required building setbacks, this buffer should be reduced to the required 20 feet and Lots 2~4 and 16-21 should be shifted 5 feet to the south. See Site Specific Condition 1.1 .2. 2. Buildinl! Locations: Staff recommends that the applicant should relocate the open space and drainage area of Lot 5 and the visitor parking spaces to align with the entrance to the development from W. Pine Avenue. This could be accommodated by "flip-flopping" the location of Lots 9, 10, and 11 and the drainage area, so that the drainage area lies at the end of the entry drive and Lots 9, 10, and 11 are moved adjacent to Lot 12. The applicant should also add trees to the drainage Jot behind the parking spaces to provide a more pleasing backdrop to the visitor parking. These changes will improve the appearance of the development to vehicles traveling on W. Pine Avenue and to vehicles entering the site. See Site Specific Condition 1.1.3. 3. Landscaoinl! and Ooen Soace: Staff is generally supportive of the proposed landscaping design with the exception of the lack of trees in the drainage lot behind the visitor parking spaces. See discussion under Conditional Use Permit Analysis #4 for further detail. MCC 12-13-16 requires ten percent of open space to be set aside for multi family subdivisions regardless of size. The applicant is proposing to set aside 9,788-sq ft (10.9% of the property), exclusive of required landscaping, for open space. Ail common lots which are approved as open space and will function as drainage areas shall be vegetated and usable by residents. See Standard Condition 1.2.2. 4. Tree MitiQ:ation: There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12"13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Standard Condition 1.2.6. 5. Pressure Irrillation: 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point COlUlectlon is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12~13-8 and MCC 9-1-28. See Site Specific Condition 1.2.3. 6. FencinlJ: The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. Ail fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition 1.2.5. CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Arnkc Subdivision- AZ-OS-029, PP-05-028, CUP-05-037 PAGE 8 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 Ordinance, staff believes that this is a good location for allowing a unique design for single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Lots 13. 14. 17 and 18: Due to the shape of the propClty, staff has concerns about the function ofthe common drive to Lots 13, 14, 16, and 17. The applicant shall maintain a distance of 30 feet from the face of the garage on Lot 14 to the face of garage on Lot l.6 in order to ensure that the conunon drive functions as intended. See Site Specific Condition] .3.3. 2. Service Drive: The proposal shows a 26 foot back-of-curb to back-of-curb service drive to access the residences in the development. The applicant has extended this drive to the western edge of Lots 12 and 18 and shows six units using a common driveway for access to their individual garages. The applicant should be required extend the service drive to the western edge of Lot 15, to ensure adequate vehicular access to all units in the development. See Site Specific Condition 1.1.4. 3. No Parkin!!: Due to the width of the service drive, there will be 110 "on street" parking anywhere in the development. All vehicles shall be either parked within the garage of the residence or in the provided visitor parking spaces. The developer shall mark the service drive <'No Parldng~ Fire Lane". See Fire Department Condition 3.4. 4. Setbacks: The applicant has not submitted a Planned Development application and all setbacks and dimensional standard.s shall be per the R-40 zone. The rear setback proposed on Lots 12-14 does not meet the 15 foot rear setback required in the R-40 zone and is not approved as submitted. Staff does not support a Variance application for this setback and the applicant can comply with required setbacks by shifting the building footprints on Lots 12 and 13 to the south so that the garage is at the edge of the service drive. The applicant shall modify the building footprints on Lots 12"]4 to meet the required 15 foot rear setback. See Site Specific Condition 1.3.4. 5. Buildin!! Locations: Staff recommends that the applicant should relocate the open space drainage lot and the visitor parking spaces to align with the entrance to the development from W. Pine Avenue. This could be accommodated by "flip-flopping" the location of Lots 9, 10, and II and the drainage lot, so that the drainage lot lies at the end of the entry drive and Lots 9, 10, and II are moved adjacent to Lot 12. The applicant should also add trees to the drainage lot behind the parking spaces to provide a more pleasing backdrop to the visitor parking. These changes will improve the appearance of the development to vehicles traveling on W. Pine Avenue and to vehicles entering the site, and will also help visitors locate the visitor parking more readily. See Site Specific Condition 1.1.3. 6. Elevations: The applicant has submitted elevation drawings for the proposed dwelling units included with the CUP. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Amke Subdivision should substantially comply with the elevations submitted by the applicant, Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. See Site Specific Condition 1.3.5. 10. PROPOSED MOTION Approve Arnke Subdivision- AZ-05-029, PP"05.028, CUP-05-037 PAGE 9 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAI~F REPORT. QUESTIONS? CALL (208) 884-5533 I move to approve File Number AZM05-029/PP-OS-028/CUPM05_037 as presented in the staff report for the hearing date of September 20, 2005, and the preliminary plat dated May 3,2005, with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny File Number AZ-05-029/PP-05-028/CUP-05-037 as presented in the staff report dated for the hearing date afSeptember 20,2005, and the preliminary plat dated May 3,2005 for the following reasons: (you must state specific reasons for denial for the CUP. They should address how the applicant might re-do the application to gain your recommendation far approval.) 11. EXHIBITS A. Drawings I. Preliminary Plat (dated: May 3, 2005) 2. CUP Site Plan (dated: May 4,2005) 3. Landscape Plan (dated: Apd124, 2005) B. 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. Legal Description D. Required Findings from Zoning Ordinance Arnke Subdivision- AZ-05-029, PP-05-028, CUP-05-037 PAGE 10 CITY OF MERIDlAN PLANNING AND ZONJNG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 ~ ~ ~~,' ~;~I rJJ~1 r ij n II -- . -L. : , - ril tfrtH f r f ill! II ~tif "4~, ~ I If! J II ~ d!f~iH'Jrrf " , I, ,ItS'. f ."'ff .filfJ~I' I~ 81! Illff'l JHfl:IHuu IIJ III 'f~!jllf~if!~ ~ Hdc(rllIII!UhulluUGh~dUf~t~~!il~!d!'!~~ ____ '-:r!~~~~~~_I!=~~~~:~~~::~~~~t~ I~ : --- i'='~'o=== ~ rt : r /,,'~ \ l:~ .,) fl: "' ""'''',: I ; ~~ H ?- I I ~ '-C:_ ,- _ '~ ~ I: ilf ~ & ~~Qf. ~i -,i/:, 1< Ir= fJi 1:i1\ .~@5 J ~ iP - , Ii 'M _ T'IJI"'Ar "! i;! I Id nt! fro!.. I Of ~, f ~ ~i I ~il " = @!~.llll 1;1@ _ r: @ 19 ~~S~ V, .. ~.! .. ~ ~ ~ I ~o #t 7 _ ; ~ ~~ i .~~D ; tt:: ..I.::::,,- . ~ M .. - I@ M r M 'J"",~ A DrawJngs J. Preliminary Plat (dated: 5/03/05) jlJ, _ ." I I i 11 A-I ( ~ ~ij~fR Ori'l !~!: ill 0. Ni,Ig Bfill ii' ~~ I !11illf HI ~ jf Hii I uMr ~!r ~I ll~ m.1 1 II i '- Ii ;~ II r I '..~~n! iiI M~ rEI J II If ~~ ! It J . ~~ 'f'l!! 11~1~, ,a"" ~ Ji lu nillhl ftlll :2: o Vl ~. 8 f - ~ff" ~ lLJ Dli ~ r g{r <( It!1 I~rl :~ !ti1 ~~ .J ~, f ~8 ~, ~If ~!ll5 ~~! ! S01l gj ~~i Il '\"': ~ - \ ~I"""" ~ :: I I I \: ! It Y B I ; I i ~ I II ~ If; I 1~1f ; 2. CUP Site Plan (dated: 5/04/05) CITY OF MERlOlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 !ji ! ci >I ~I 0 a. ~[~f h 5~ lIbd :ll:~ 1 l!ill H~!~ Hff I illai III ~~ 2 m~ fl f ~ I:! I W ......., il · 'i/lll -lJf/m,l! ,1"'1 i~ ~i fn I Iff I IJdf --+-1 i A-2 z o Vi 5' i :x: z a:; -< 0: ~~ ~ 0i ~ J)j~ n:lqi &~~ ~<;~ loJ2;g \1 3. Landscape Plan (dated: 4/24/05) CiTY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 j i I J / lHll1ll1lj/l i I ': i ! I Ii Hi!IIIlI!:1 I j!/l ",,1/ f I I J, {dllll!:!r '1 I pI ~II! t l,llIJ In 11m' II' if III It fill z"jI I I J'i "l'jl/lll ! jl I,: ! JlI, grllj 111;11 Iii 11111I1 [i!Jm, III I ill! tJlf!! I !'IIII'/,ffIWIIII IJfl'/'lll/l/llf 1III,f/f!l! -'1"1 ;11[11111 HI I 'i' [jl 'll ;r.fJiiI 'i IIIIi/ll/li/WII! jlIlllliI1 ~ II illIIIIi1MiIJlllliilll!llill!iii) Ii !III ~!j f I q -~!! ,. A -3 'Ii Ii! !i! ~/ ~l ! ~I" l I ffi !:':,:"lO' ~. L'~,j ~ ~"I~ ~! . i ~ ;! ~I !r i~: L Pr II t j! :hlIJ 0.' Itl J ~ ilt iill ~I 1l;li-j ~1 !lli!111 ii i1ilJIlI ~! /I1Iml, ~ il,j:r~~l:j ''"!, _....,~...C,'..._~......, '.~........_ _~~ ~n"."".~'I'" ........ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 1.1.1 SITE SPECIFIC REQUIREMENTS-PRELlMINAR Y PLAT 1.1.2 The preliminary plat labeled as PP-I prepared by Munger Engineering, dated May 3, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying A.Ju1exationlZoning (AZ-05-029) and Conditional Use Pennit (CUP-05-037) and Development Agreement shall also be considered conditions ofthe Preliminary Plat (pP-05-028), The applicam has proposed a 25-foot landscape buffer along W. Pine Avenue and a 20 foot buffer is required by ordinance. In order to make the proposed development function and meet the required building setbacks, this buffer shan be reduced to the required 20 feet and Lots 2, 3, 4, 16, 17, 18, 19,20, and 21 shall be shifted 5 feet to the south. r:~~ea::;l~:a~~ s;~:~~::r~:r~: ~B~~st~, ;l~~:l;~ ~ la;:i:;:~~: :::~~a::~ t~i~t~~.efltFilncc The applicant shall extend the service drive to the eastern orooertv line and Provide a secondar~ ememencv access which connects with the driveway on the LDS prooerty to the east. The access shall meet all Meridian Fire Department standards and shall be closed with bollards and a chain with a Knoxbox Del' the Meridian Fire Department. The apolicant shaIl submit proof of a recorded cross access easement with the LDS Church orooerty to the east orior to submittal of the final olat" The aoolicant shall extend the sidewalk located on the south side of the service drive to the western edl!e of Lot +6 17. Prior to the City Engineer's signature of a final plat all structures not contained on a designated lot shaIl be removed. A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. All road drainage shall be contained on site in the drainage lots as depicted. Maintenance of all common areas shall be the responsibility of the Arnke Subdivision Homeowners' Association. 1.1.3 1.1.4 1.1.5 1.1,6 1.1.7 1.1.8 1.1.9 1.1.10 1.1.1 1 Other than the public street access approved by ACHD, direct Jot access to W. Pine Avenue is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue. 1.1.12 The reauest for the installation of a securitv lIate at the entrance to the service drive from E. Pine Avenue is aporoved and the applicant shall work with Planninl! and ZoninlI staff to orovide an acceotable escape route for vehicles that do not have access to the develooment. 1.1.13 The aoolicant shall nlace the extended service drive within a cross access easement across Lots 12 13 14 ]6 17 and 18. 1.1.14 The anolicant shall construct a 6 foot solid vinvl fence on the exterior oerimeter of the orooerty. 1.1.15 The aooroved elevations shall include brick on the rear 0 f the buildings. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT B.l CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 1,2.] Sidewalks shall be instaIJed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-] 3 -10-8. 1,2.2 All areas approved as open space shall be free of wet ponds Or other such nuisances. All stortnwater detention facilities incorporated into the approved open space are subject tD MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shaH not be used in open space lots, except as permitted under MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and stilI meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot Dr developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 1.2.4 A detatled landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this repmi, shall be submitted for the subdivision with the final plat application. 1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. 1.2.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non~approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.8 Staffs failure to cite specific ordinance provisions or terms of the approved armexationlconditional use does not relieve the applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPEClFIC CONDITIONS-CONDITIONAL USE PERMIT 1.3. I The CUP site plan labeled as PP-2, prepared by Munger Engineeling, dated May 4, 2005, is approved, with the conditions listed herein. All comments/conditions of the B-2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFP REPORT. QUESTIONS? CALL (208) 884-5533 accompanying Annexation/Zoning (AZ-05-029) and Preliminary l)lat (PP-05-028) and Development Agreement shall also be considered conditions of the Conditiona] Use Pennit (CUP-05-037). 1.3,2 The rear setback proposed on Lots 12-14 does 110t lUeet the 15 foot rear setbackrequired in the R- 40 ZOne and is not approved as submitted. The applicant shall modify the building footprints on Lots 12 and 13 to meet the required 15 foot rear setback. 1.3.3 The applicant shaH maintain a distance oDD feet fi'om the face of the garage on Lot 14 to the face of garage on Lot 16 in order to ensure that the service drive functions as intended. 1.3.4 The project shall conform to the R-40 dimensional standards and setbacks. 1.3.5 ConstIuction within Amke Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 1.3.6 AH construction within Amke Subdivision shall be townhouse homes and built within the limitations outlined within this report. 2 PUBLIC WORKS DEPARTMENT 2.1 Meridian City Code 12-5ft2-N requires that any new development shall provide pressurized irrigation. The applicant has not indicated who will own the pressurized irrigations system in this proposed development. If it is to be owned and operated by an Irrigation District than a license agreement shall be entered into prior to the scheduling of a pre-construction meeting. If it is to be a private system owned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat by tbe City Engineer. 2.2 All existing buildings shall be removed prior to the City Engineer's signature on the final pIal. 2.3 Any existing domestic well and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9w4-8. Wells may be used for non- domestic purposes such as landscape hTigation with approval for Idaho Department of Water Resources. 2.4 Revise plat note 1 to include a lOwfoot wide Public Utilities easement on al110t lines common to Lot 5 Block 1 . 2.5 The preliminary plat indicates that sewer service for this proposed development would be via extension of proposed sewer mains to the nOltl1. At this time, the Public WOl'ks Department has not received any plans that show this line being installed. The approval of this project shalt be contingent on the applicant's ability to acquire the necessary easements to facilitate the extension of sewer mains to this property. The applicant shall coordinate sewer main size and routing with the Public Works department. Cover over sanitary sewer mains shall be no less than 3-feet from fi nish grade to the top of the pipe. If cover is less than 3wfeet from the subwgrade to the top of the pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 2.6 Water service to this site is being proposed via extensions of mains located in Pine Street. The applicant shall be required to install all mains necessary to serve this site. Coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian Standard forms of easement for any mains that are required to provide service. B-3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2.7 The applicant has not indicated how they will dispose of storm drainage, other than to say it will be removed via surface facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas, and private roadways. Stann water treatment and disposal shall be designed in accordance with Depaltrnent of Environmental Quality 1997 publication Catalog of StOlID Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and polices. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.8 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized inigation, sanitary sewer, water, etd., prior to signature on the final plat. 2.10 All development improvements, including but not limited to sewer, fencing, mioro.paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of ocoupancy. 2.1 J Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.12 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC l2-24. 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 and NPDES Pennitting that may be required by the Envirorunental Protection Agency. 2,15 Applioant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2,16 AU grading of the site shall be performed in conformance with MCC 11 ~12-3f1. 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 I-foot above. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. B - 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fIre hydrants shall have the curb painted red ]0' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shaH not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place] 8" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.2 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving smface which is 20' wide. 3.3 Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section Dl 03.6 Signs. 3.4 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.5 Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a fU'e-flow consistent with the lntemational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The proposed 18-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 52 residents at build out. 3.8 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.9 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. 3.1 0 All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. 4. POLICE DEPARTMENT No comments received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC I 2-l3-l3~6) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. SANITARY SERVICE COMPANY No comments received. 7. ADA COUNTY HIGHWAVDISTRICT B - 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. Other Access Pine Aven ue Is [I colleclor roadway. Olher Ihanthe aC/;'ess poinllhat has been specifrcaffy approved wilh (his application, direct Jot access 10 Pine Avenue Is prohibiled and should be noled on Ihe final pIaL c. Site Specific Conditions of Aporoval Dedicate righi-oF-way to lotal 35-Feel From the cenlerllne of Pine Avenue abutting tha sile, WIden Ihe pavemenlto one halF of a 40-(00t slreet sectiOll and construct vertical curb, guller, and a 5.fool detached concrete sidewalk abullJng Ihe site on Pine Avenue. Pine Avenue shaff be signed for "NO PARKING", Dedicate right-ai-way 10 lolal 32-feel right-of-way From Ihe cenlerfine of Pine Avenue abulling Ihe slle. Widen Ihe paVament to aile halF of a 40-foot streel aecHon and cOnslruct vertical curb, gUller, and a 7-foot attached concrete sIdewalk llbutllng the site on Pine Avenue. Pine Avenue shari be signed lor "NO PARKING", Dedlcale by means of recordation of a nnal subdivision pial or execution of a warranly deed Prior to Issuance of a building permit (or other required permlls), whichever occurs first. Allow up to 30 bUSiness days to procel>l> the right-oF-way dedicallon aller receipt or all requested material. The owner will not be compensated for Ihis addlllonal right-ol-way beca use Pine AvenUe is classified as a colleclor roadway and Is to be broughllo adopled standards by the developers of abulling properties. Locale Ihe driveway to Jntersecl Pine Avenue as proposed. approximately 115-reel east of the wesl property line. Provide wriltell approval from Ihe City or Meridian thaI docurnenls Ihelr approval of the 3,unll attached dwelling proposal. Construct a 24-fool wide driveway, as proposed, wllh 15-foot curb radii. Other than the access polnl thaI has been l>pecificalJy approved Wilh Ihil> applicalion, direct Jal access to Pine Avenue Is prohibited and shall be noted on Ihe nnal pial. 5. Comply wilh all Slandard CondWans or Approval, O. Standard Conditions of AODroval Any axisl/ng Irrigallon racllllles shall be relocated outside of Ihe right-of-way, All utility relocation cosls associated wilh Improving streel rronlages abutting Ihe sfte Shall be borne by Ihe developer. Replace any exlsllng damaged curb, gulter and sidewalk and any Il1al may be damaged during the constluclion of the proposed development. Contacl Construction Services at 387-6260 (wilh file number) ror details. U IIllly streel cuts In pavemenlless (han five years old are nol allowed unless approved in writing by the Dfstrict. Contacllhe Dis(rlct's UliIily Coordinator at 387-0258 (with file numbers) fardelaits. B - 6 CITY OF MERIDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 All design and construction shall be in accordance wilh Ihe Ada County Highway DistriCI POlicy Manuel, ISPWC Standards and approved supplements, Conslruclion Services procedures and arl applJcabre ACHD Ordinances Unless specifically waived herein. An engineer registered in (he Stale of Idaho shall prepare and certify all improvement plans The applicanl shall subml! revised plans For staff approval, prior 10 issuance of building permit (or olher required permits), which incorporales any required design changes. COOSlrucllon, use and property development Shall oe in conformance wilh all applicaole requirements of Ihe Ada County Highway Districl prior 10 Districl approval For OCCupancy. Paymenl of applicable road impact fees are required prior to building construclion in accordance with Ordinance #200, also known as Ada County Highway District Road Impacl Fee Ordinance. It is the responsIbility of [he applicant to verify aH existing uliJitles within Ihe right-of-way. The applicant al no cost 10 ACHD shaH repair existing uli/illes damaged by the applicanL The applicant shall be requIred 10 call DIGUNE (1-BO()..342-1SBS) al feast /wo fuH business days prior to breakIng ground within ACHD right-of-way. The applicant shaH Contact ACHD Traffic Operations 387.6190 in lhe eVant any ACHD conduits (spare or filled] are compromIsed during any phase of conslruction. 10. No change in the terms and condWons of this approval shall be valid unless they are in writing and signed by the appficant or the applicant's authorIzed repreSenlalive and an authorized represenlallve of the Ada County Highway DlstricL The ourden shaH be upon the applicant 10 obtain written con IirmaUon of any change from the Ada County Highway DlsrrlcL 11. Any Change by the applicantln the planned use of the property which Is the subjeCI of this applJcation, shall require the applicant 10 comply wilh all rules, regulations. ordinances. plans, or olher regulatory and legal restriClions in force allhe time Ihe applicant or its successors In inleresl advises Ihe Highway Olslrict of Its inlenllo change the planned use of the suoject property unless a waiver/variance of said reQuirements or other legal relief Is gran led pursuant to the law in effect al Ihe timclhe change in use Is sought E. Conclusions of Law The proposed site plan is approved, if all of the Sile Specific and Standard CondWons of Approval are salls lied ACHD requiremenls are Intended 10 assure Ihat the proposed use/development will 001 place an undue burden on Ihe eXlsling vehicular IranspOr1alion syslem within lhe vicInity Impacted by the proposed development. B . 7 CITY Of MBRIDIAN PLANNING AND ZONING DEPARTMENT STAFr- REPORT. QUESTIONS? CALL (20B) 884-5533 C. Legal Description -Y+_~-":''''''__..''~_'''~;.T~-r..::.....u~~~,_",.:... .;:,.~:.;..;.~.~ claiborn AA waite consultingJJl.f engJnee{'~. c< 5urveyr'Jrs l~61 S, Teare Avenue Meridian. Idaho 83642 (208) 288-2693 Fax (208) 884-8002 P.N, 2234 May 4. 2005 ANNEXATlON & REZONE DESCRIPTION FOR PROPOSED ARNKE SUBDIVISION A parcel ofland located in the Nortbeast [/4 of Section 11, T,JN., R.IW, 8M.. Meridian. Ada County, Idaho, and being more plU1icular/y described as follows: Commencing at the East 1/4 corner of said SecliOn II, ITom which the Center 1I4 corner bears N 89010'36" W, 2655.10 feel; lhence N 89010'36" W along the South boundary OfSllid Northeasl 1/4, also being the centerline ofW. Pine Avenue for a distance of 1431.35 feet to the REAL POINT OF Bri:GINNING; thence leaving said South boundary N 00029'24" E for a dislance of261l.17 feel (fomlcr/y described as N 00002' E, 263.6 feel); thence N 89038'27" W for a distance of46.97 feet; thence N 76041 'SO" W for 1\ distance of94.49 feet (formerly described as N 77039' W, 95.] feet); thence N 83Q29'07" W for II distance of218,62 feCI (formerly described as N 84033' W, 218.4 feet); thence S 00051 '32" W for II dislance of305.88 feet (formerly described as S 00002' W, 304,6 fcet) to II poim on the South boundary of said Northeast 114, also being the centerline ofW. Pine Avenue; thence S 89010'36" E for II distance of358.50 feet to the POINT OF BEGrNNrNG; containing 2,3<1 acres ofland, more or less. 6~~ Hi\Y ~:i i'OO' Prepared by: Todd R. Waile P.L.S. \\Spud l\projcclslAmkc (22J4-)\DocllnlCnlsIARNKEAnncxdesc.doc_ r l,ll:RIDIMI PUB1.IC wnRKS DEPT C - J CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533 !!f~! I~ ~~ lQ. ill'" iUI ~ ~g C-2 ffii I ~g5J I ~~~ I ;!~~ ilil :~~f i: ~f;; l.'l o.~ . ..( l ~ ( ro ii I 1- ;r J:!~ ~ a Iii ifl; ~ lot r I f ---~ 1 I r ~:: - ~,~~'O:V~i"':r~-_t.l--__ r Ig .I---,~--- u ~, f:1 n _ ~ 8 ~I~ ~~ ;:: If fi ,Q: .;'i 1 r CITY OF MERIDIAN PLANN1NG AND ZON!NG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 D. Required Findings from Zoning Ordinance 1. ANNEXATION FINDINGS: According to Ordinance 11 N 15-11, General Standards Applicable to Zoning Amendments, both the P&Z Conunission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." Thefollowing is the list of standards found in 11-15-11 and analysis by stalf A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in the Arnke Subdivision staff report item #7 above. City Council finds the proposal in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City CounciJ does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that townhouses are a conditional Use within the requested zoning district of R-40. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation, provided that the accompanying Conditional Use Permit application for townhouses is approved. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened~ new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the subject property is the first property within the High Density Residential designation on the nOltl1 side of Pine Avenue, west of Linder Road, to request annexation and zoning for a multi-family development. City Council finds that a substantial portion of the land around the site has been developed in a malmer harmonious to the proposed subdivision. The neighboring Ada County parcel to the west is very large and contains agricultural uses. Tllis development is proposing significantly smaller lots, but within the acceptable limits for a high density development. Pine Avenue is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. The applicant shall comply with all ACHD conditions of approval for the site. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character ofthe same area; D. J CITY OF MERIDJAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 City Council finds that the requested zoning and proposed density is within the anticipated range for a high density urban project. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropliate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards ofMCC 12-13-16 Residential Subdivision Open Space which states that "multi-family developments shall provide common open space that equals or exceeds ten (10) percent of the gross land area of the development." The common lots provide 9,788 sq/ft of open space which is approximately 10.9% ofthe site. City Council does not find that the proposed zoning or uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. Access to W. Pine Avenue shall be taken through the service drive as designed. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police aod fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all sewer and water mains necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners wilt be required to pay park and highway impact fees. On July I, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the commuoity; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the fulure residents will be fire, police and school facilities and services. City Council finds there will not he excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. 0-2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Will the proposed uses not involve uses~ activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property Or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glal'c 01' odors; City Council finds that the proposed alUlexation and the development of single-family homes 011 this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the genera] welfare of the public. City Council does not anticipate the proposed alUlexation and subsequent uses wiII create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vellicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public sb"ects; ACHD is supportive of the curb cut on W. Pine Avenue provided that the City of Meridian approves the townhouse use on the property. If townhouses are not approved, ACHD has requested written approval from the City of Meridian that documents approval of3~unit attached structures. If is designed and constructed as approved by the ACHD and the City, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The R-40 zoning amendment will provide diversity of housing product for the City of Meridian. Staff finds that all essential services are available or will be provided by the developer to the subj ect property and wi 11 not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that annexation and zoninQ' of this orooertv would be in the best interest ortlle City. 2. PRELIMINARY PLAT FINDINGS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed subdivision, the Conunission and Council shall consider the objectives of this title and at least the following: A. The COnfOI"manCe of tbe subdivision with the Comprehensive Development Plan; City CounciJ finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed layout as a practical solution to address the D-3 CITY OF MERIDiAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 constraints of infill deveJopment which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) c. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision wiLl not require the expenditure of capital improvement funds. D. The puhlic financial capability of sUPPol.ting services for the proposed development; (See finding "G" under Almexation and Zoning Analysis above, and the Agency Comments and Conditions at the end ofthis report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or envirorunenta] problems associated with the development of this subdivision that should be brought to the Council or Conunission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 3. CONDITIONAL USE FINDINGS The Conunissioll and Council shaU review the particular facts and circumstances of each proposed conditional use in temlS ofthe following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (II ~17~3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; City Council finds that the subject property is large enough to accommodate the requested use and all other required features, subject to the conditions and conunents contained in the staff report for Aruke Subdivision. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council finds that the proposed multi-family residential subdivision, with a gross density of 8.71 dwelling units per acre, is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "High Density Residential". Please see Amlexation & Zoning Analysis "A" above. C. That the design, construction, operation, and maintcnance wiII be compatible with othcr uses in the general neighborhood and with thc existing or intended character of the general D-4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 vicinity and that such use will not adversely change the essential character oftlle same area; Please see A.1mexation & Zoning Analysis "E" above, D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds tbat the proposed uses will not adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer 01" that the person responsible for the establishment of proposed conditional use shaIJ be able to provide adequately any such services; Please see Annexation & Zoning Analysis "G" and "H" above, the "Other Agency/Department Comments and Conditions" at the end of this report, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not he detrimental to the economic welfare of tile community; Please see Annexation & Zoning Analysis "R" above. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Atmexation and Zoning Analysis "I" above. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see A.1mexation & Zoning Analysis "J" above. The Commission and Council should review any comments received from the ACHD provide for tlus project when determining this "finding. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Atmexation & Zoning Analysis "K" above. D .5 November 18, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT November 22, 2005 ITEM NO. 14 REQUEST Resolution -- Approving Collective Bargaining Agreement between the City of Meridian and the Meridian Firefighters Union, IAFF, Local #2311 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution U(3 00/4' Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. 675-193 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE MAYOR TO SIGN, ON BEHALF THE CITY OF MERIDIAN, AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #2311, MERIDIAN CHAPTER, EFFECTIVE FROM OCTOBER 1, 2005 UNTIL SEPTEMBER 30, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has chosen to enter into a Collective Labor Agreement with the International Association of Fire Fighters, Local #231], Meridian Chapter, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "Collective Labor Agreement", a copy of which is attached to this Resolution, the reasons and authority for which are set forth in said agreement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. The Mayor and City Clerk are hereby authorized to enter into and on behalf of the City of Meridian that agreement denoted as "Collective Labor Agreement", a copy of which is attached to this Resolution. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho this 2211.,5 day of November; 2005. APPROVED by the Mayor ofthe City of Meridian, Idaho, this 2-211.1 day of November, 2005. Page 1 of 1 CITY OF MERIDIAN RESOLUTION NO. tfJ5--413 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE MAYOR TO SIGN, ON BEHALF THE CITY OF MERIDIAN, AN AGREEMENT ENTITLED "COLLECTIVE LABOR AGREEMENT", BETWEEN THE CITY OF MERIDIAN AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL #2311, MERIDIAN CHAPTER, EFFECTIVE FROM OCTOBER 1,2005 UNTIL SEPTEMBER 30, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has chosen to enter into a Collective Labor Agreement with the International Association of Fire Fighters, Local #2311, Meridian Chapter, organized and existing pursuant to Chapter 18 of Title 44 of the Idaho Code, denoted as "Collective Labor Agreement", a copy of which is attached to this Resolution, the reasons and authority for which are set forth in said agreement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. The Mayor and City Clerk are hereby authorized to enter into and on behalf of the City of Meridian that agreement denoted as "Collective Labor Agreement", a copy of which is attached to this Resolution. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho this 221'\.5 day of November, 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this 22 /f.5 day of November, 2005. Page 1 of 1 LABOR AGREEMENT between CITY OF MERIDIAN and MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 2311 of1e;;;;Ua:n Effective October 1, 2005 - September 30, 2007 TABLE OF CONTENTS AGREEMENT PREAMBLE ... ........ ......... ......... ..... ..... ..... ..... ........ ..... .... ............ ....... ........1 ARTICLE 1 - RECOGNITION .. ....,........ ........ ..... ...... ..... ..... ....... .............. .... .......... .......... 1 ARTICLE 2 - DISCRIMINATION ...... ......... ........... .......... ........ .............. ............... .......... 1 ARTICLE 3 - PREVAILING RIGHTS ..........................................................................".1 ARTICLE 4 - MANAGEMENT RIGHTS ....... ..................... ......................... ................... 2 ARTICLE 5 - UNION DUES, FEES and ASSESSMENT CHECK OFF .."....................3 ARTICLE 6 - UNION BUSINESS ......... ..... ....... ...... ..... ..... ....... ......... ......... ........ ....... .......3 ARTICLE 7 -PERSONNEL REDUCTION OR RESTRUCTURING ............................3 ARTICLE 8 - RULES AND REGULATIONS ...... ..... ..... ............ .................. ......... ........... 3 ARTICLE 9 - INSURANCE .. ................ ....... ........... ..... .......... ....... .... ..... .... ......... ...... .......4 ARTICLE 10 - SICI( LEAVE ...........................................................................................5 ARTICLE 11 - INJURY LEAVE........ ..... ..... ........ ...... ..... ................ .............. ........ ....... ..... 6 ARTICLE 12 - V ACA TION - EMERGENCY - INCIDENTIAL AND HOLIDAY LEA VE .................................................................................................... 7 ARTICLE 13 - RELIEF PERSONNEL ............................................................................. 9 ARTICLE 14 - VACANCIES ..... ...... .... ..... ..... ... ..... ..... ..... ..... ....... ..... .... .... ..... .......... .........9 ARTICLE 15 - PROMOTIONS ................... ............. ..... ..... ...... ..... ..... ............. ........... ...... 9 ARTICLE 16 - GRIEVANCE PROCEDURE .................................................................10 ARTICLE 17 - NO STRIKES - NO LOCKOUT ...........................................................12 AR TICLE 18 - UNIFORM AND PERSONAL FIREFIGHTING EQUIPMENT ALLOWANCE ........... .... ...... .~........... .......... ...... .................. .................. 13 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK HOURS ................14 ARTICLE 20 - BEREAVEMENT LEAVE ....................................................................14 ARTICLE 21 - ADDITIONAL DUTY AND COMPENSATION .................................14 ARTICLE 22 - WORKING OUT OF CLASSIFICATION ............................................15 ARTICLE 23 - STAFFING .... ................. ............... ........ ..... .... ............ ...... ............ ..... ..... 16 ARTICLE 24 - SALARIES .. ....... .......... ..... ..... ........ ..... ......... ....... .... ......... ..... .............. ...16 ARTICLE 25 - ALCOHOL & DRUG POLICY .............................................................17 ARTICLE 26 - SAVINGS CLAUSE ..............................................................................17 ARTICLE 27 - EFFECTIVE D ATE .................."............................................................ 17 APPENDIX "A" - WAGE SCHEDULE APPENDIX "B" - DRUG & ALCOHOL POLICY AGREEMENT PREAMBLE The City of Meridian, hereinafter referred to as the CITY, and the Local #2311 International Association of Firefighters, hereinafter referred to as UNION, with the Management of the Fire Department, empowered by the CITY, to the Fire Chief, hereinafter referred to as DEPARTMENT; in order to increase the general efficiency within the Fire Department, to maintain existing harmonious relationship between the DEPARTMENT and its employees, and to promote the morale, rights, and well-being of the members of the Fire Department, hereby agree as follows: 10 ARTICLE I-RECOGNITION 11 Pursuant to Title 44, Chapter 18, Section 1, Sub-section 1 (44-1801(1)) of the 12 Idaho Code the CITY recognizes the UNION as the exclusive bargaining agent for all 13 firefighters as defined by said code excluding any clerical support staff. 14 15 ARTICLE 2 - DISCRIMINATION 16 There shall be no discrimination against, intimidation, or harassment of any 17 employee by either the CITY, DEPARTMENT, or UNION or any member acting on 18 behalf of the UNION, because of the employee's membership or non-membership in the 19 UNION or by virtue of his /her holding office or not holding office in the UNION. 20 The CITY and the UNION agree that neither shall discriminate against any 21 employee or prospective employee with respect to hislher compensation, terms, 22 conditions, or privileges of employment because of such employee's race, color, religion, 23 sex, national origin, age, or other factors which do not constitute a bona fide occupational 24 requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine 25 bona fide occupational requirements within the meaning of this Article. 26 27 ARTICLE 3 - PREVAILING RIGHTS 28 All rights, privileges and benefits held by the firefighters at this time which are 29 not included in this contract shall remain in force, unchanged and unaffected in any 30 manner unless agreed to and memorialized in writing by both parties to the Agreement, 31 provided that the Management of the Department may change or cancel any such right, 32 privilege or benefit 1) temporarily to accommodate an emergency situation; or 2) when COLLECTIVE LABOR AGREEMENT-page 1 of 17 shown to be a necessity for the best interest of the City or the Department, provided further that any change, cancellation or alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for the purposes of harassment, or in a manner resulting in disparate treatment, and must be with just cause by Management. Any change shall be subject to the Grievance Procedure. Nothing in this Article is intended to supersede the City's obligation to negotiate pursuant to the provisions of Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of this Agreement. 8 9 ARTICLE 4 - MANAGEMENT RIGHTS 10 The DEPARTMENT shall have the exclusive right to exercise the regular and 11 customary functions of management, subject to the provisions of this Agreement and 12 consistent with applicable law and regulations, including, but not limited to: Determining 13 the DEPARTMENT'S financial, budgetary, accounting and organizational policies and 14 procedures; Directing the activities and operations of the DEP AR TMENT; Determining 15 the levels of service and methods of operations; To create and oversee personnel policies, 16 rules and regulations not consistent with any other term of this Agreement; The 17 introduction of new equipment; The right to hire, lay-off, transfer and promote; To 18 discipline and discharge employees for cause; To determine work schedules and assign 19 work; To determine job qualifications; To take whatever action may be necessary to carry 20 out its mission. Provided that nothing in this Article shall nullify: (I) Any provisions 21 elsewhere in this agreement, or (2) The City's statutory obligation to negotiate with the 22 Union Pursuant to Chapter 18, Title 44, Idaho Code. Any change or cancellation of any 23 such right or privilege that is provided within Idaho Code shall be subject to the 24 grievance procedure. 25 The terms hereof are intended to cover only minimums in wages, hours, working 26 conditions, benefits, and other terms and conditions of employment. The City may place 27 superior wages, hours, working conditions, benefits and other terms and conditions of 28 employment in effect and may reduce the same to the minimums herein prescribed. 29 This Article shall not preclude the Union and the City from meeting during the 30 period of the contract to either (1) discuss procedures for avoiding grievances and other 31 problems, or (2) generally improving relations between the parties. 32 COLLECTIVE LABOR AGREEMENT-page 2 of 17 ARTICLE 5 - UNION DUES, FEES and ASSESSMENT CHECK OFF The CITY agrees to deduct authorized union dues, fees and assessments in amounts specified by the authorized officer of the UNION, from the pay of the UNION 4 employees upon written authorization. The CITY further agrees to transmit those amounts monthly to the UNION. The UNION agrees to certify to the CITY the amount 6 of authorized dues, fees and assessments. The CITY will show deductions of dues, fees 7 and assessments on the employee's monthly check stubs. 8 9 ARTICLE 6 - UNION BUSINESS 10 Firefighters elected to UNION office shall be granted time off to attend functions, 11 conventions and seminars within the State of Idaho, provided that the Fire Chief is given 12 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the 13 Union's Contract Negotiation Committee shall be allowed time off either as leave 14 without payor vacation time at the employee's discretion, for all meetings with the CITY 15 for contract negotiations, for union conventions and for union seminars mutually set by 16 the CITY and the UNION. 17 18 ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING 19 In case of personnel reduction, the member with the least seniority shall be 20 released first. No new employees will be hired until the furloughed members have been 21 given the opportunity to return to work. 22 If at any point a restructuring causes a decrease in an employee's rank as justified 23 due to Fire Department adjustments, that person will assume the next available opening 24 in that rank 25 Seniority being considered: skills, qualifications and abilities are the determining 26 factors. The DEPARTMENT shall be the sole judge of skills, qualifications and abilities. 27 28 ARTICLE 8 - RULES and REGULATIONS 29 The rules and regulations and policies of the DEPARTMENT relating in any way 30 to wages, hours and/or conditions of employment shall be made a part of this Agreement. 31 The rules and regulations of the DEP AR TMENT as provided in Idaho Code shall be 32 subject to change by mutual consent. COLLECTIVE LABOR AGREEMENT - page 3 of 17 ARTICLE 9 - INSURANCE During the term of this Agreement, the CITY shall pay 100% of the employee premiums for health, worker's compensation, dental, life, and short & 10ng-tenTI disability insurance. The CITY shall pay the same premium and provide identical coverage to the UNION for health insurance that is given to other city employees. The coverage shall be comparable to the current coverage in policies, in existence as of the effective date of this agreement. The CITY will pay 80% of the same premium for the 8 family health and dental in the same manner that it pays for other city employees. This 9 provision will be reviewed on an annual basis after quotes for insurance are received to 10 determine what adjustments may be needed to employee contributions to the plan. The 11 CITY further agrees to cover increases in premiums for employees up to 8.5% not to 12 exceed $15.00 per month or $180 per year. However, adjustments in coverage may be 13 necessary if premiums quoted are above that amount. Any adjustments will not exceed 14 adjustments made to other city employees. The CITY reserves the right to make changes 15 in carriers, premiums and provisions of these programs when deemed necessary or 16 advisable. The City of Meridian agrees to establish an insurance review committee that 17 will review the employee's insurance coverage on an annual basis and make 18 recommendations to the City Council. The UNION will be given a position for a 19 representative on the committee with the understanding that this member does not have 20 bargaining power for the UNION. 21 22 9.1 Survivor's Health Insurance or Survivor's Benefit 23 In the event that a firefighter dies in the line of duty, the CITY agrees to pay the 24 cash value of 50% of the accumulated sick leave remaining to the survivor of the 25 firefighter; either to the spouse, or dependant children at the survivor's choice in the 26 following manner: 27 a. Paid in one lump sum to the party or their designated trustee or representative; 28 or 29 b. Applied towards continuing health insurance coverage for the survivor, if the 30 family had been insured with the City at the time of death. After the exhaustion 31 of the value of the 50% accumulated sick leave benefit, the party may continue 32 with COBRA coverage as allowed by law, at their own expense. COLLECTIVE LABOR AGREEMENT-page 4 of 17 9.2 Post Employment Health P..ogram When a firefighter retires from active duty, by qualifYing under the rules existing under the Public Employee Retirement System (PERSI); by points, age, medical disability, or by any method in existence at the time of retirement allowed by PERSI, the CITY agrees to apply the cash value equivalent of twenty-five percent (25%) of the 6 accumulated sick leave remaining for that firefighter in their personal accrual account 7 with the CITY, towards continuing health insurance coverage for that retiree. After the 8 exhaustion of the value of the twenty-five (25%) accumulated sick leave benefit, the 9 retiree may continue under COBRA coverage as required by law, at their own expense. 10 The CITY will make all reasonable efforts during the term of this agreement to 11 create a citywide post employment health benefit for all employees that may be 12 considered by the UNION. In the event a program is created and approved by the CITY 13 the UNION will have the option to re-open this agreement and substitute the citywide 14 program in lieu of this Program in Article 9.2 without penalty. 15 16 ARTICLE 10 - SICK LEAVE 17 Any member of the UNION incurring a non-duty sickness or disability which 18 renders them unable to perform their duties shall receive sick leave with full pay within 19 his/her accumulated sick leave time. UNION members shall accrue fourteen (14) hours 20 per month beginning October 1, 2005. The maximum time accumulated shall be 2920 21 hours. 22 Any UNION member whose employment with the CITY is discontinued shall be 23 paid, at their regular wage rate, for 10% of their accrued sick leave at the date of 24 separation. If an employee is involuntarily terminated by the CITY, no pay will be given. 25 Any UNION member unable to perform their duties for more that three (3) 26 consecutive shifts due to non-duty sickness or disability shall be required to provide 27 medical documentation from their attending physician that states that the employee is 28 unable to perform their regular duties or any limitations that may exist and the expected 29 length of time before the employee can return to full duty. Any employee may be 30 required to provide a physician certificate prior to the use of three (3) consecutive work 31 shifts to ensure compliance with the provisions of the Family Medical Leave Act COLLECTIVE LABOR AGREEMENT-page 5 of 17 (FMLA). An employee on medical, injury or incidental leave will not accrue any sick leave benefits for leave that exceed six (6) or more consecutive work shifts. ARTICLE 11 - INJURY LEAVE When a firefighter is incapacitated on the job the firefighter shall be entitled to 6 injury leave with full monthly pay without reduction which includes the wage scale in 7 APPENDIX A, during the time period in which the firefighter is unable to perform their 8 duties or until such time as the firefighter is accepted for retirement by the current 9 retirement system. The period of injury leave is limited to a maximum of twelve (12) 10 months and any Worker's Compensation benefits received by the member for total or 11 partial temporary disability during the employee's injury leave with full pay shall be 12 turned over to the CITY, All employees on injury leave shall be subject to an 13 examination by a Doctor acceptable to the CITY. 14 Whenever a firefighter is unable to perform their full duties as a result of a "line 15 of duty" injury or illness, the firefighter may be required to report to work in a light duty 16 status if management detennines that light duty work exists or is available at that time. 17 Management has the right to determine if light duty exists. 18 The DEPARTMENT reserves the right to re-assign work schedules as necessary 19 when assigning light duty. This right shall include, but not be limited to changing days of 20 work, hours of work, and type of work to be performed. If light duty extends beyond the 21 current month (begins in one month and extends into another), the firefighter will only 22 accumulate leave benefits at same accrual rate of a general city "forty (40) hour per 23 week" employee until light duty ends. When the firefighter returns to regular duty 24 assignment the normal leave benefits will begin to accrue immediately. If the return to 25 duty occurs within the month then the CITY will pro-rate their accrual of leave within 26 that month between a general employee rate and the firefighter rate. 27 Assigned light duty shall be strictly limited to instructions, restrictions, or 28 limitations provided by the sick or injured employee's medical doctor regarding their 29 physical or mental status. The firefighter must provide a Doctor's release to the Fire 30 Chief or designee stating what limitations or functions the firefighter is able to perform 31 and for how long (hours per day or per shift, days or shifts per month, etc.) COLLECTIVE LABOR AGREEMENT-page 6 of 17 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Assigned light duty shall in no way endanger, aggravate or prolong the full physical and/or mental recovery of the sick/injured employee. Light duty shall in no way affect the existing vacation, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management except for the exceptions as provided within this Article. ARTICLE 12 - VACATION - EMERGENCY - INCIDENTAL AND HOLIDAY LEAVE 12.1 Vacation Leave All twenty-four (24) hour shift employees covered by the terms of this Agreement shall accrue paid vacation leave on monthly basis according the following schedule: A. Zero to four (0-4) years of service B. Five to nine (5-9) years of service C. Ten to fourteen (10-14) years of service D. Fifteen to nineteen (15-19) years of service E. Twenty (20) and over years of service 16 hours per month 18 hours per month 20 hours per month 22 hours per month 24 hours per month Maximum hours accrued shall be 720 hours. Any amount over the maximum will be lost. Any firefighter, whose employment with the DEPARTMENT is discontinued, for any reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated vacation. Vacation usage shall be governed by departmental policy, but no more than three (3) firefighters shall be allowed to use vacation or incidental leave per shift unless directed by a change in the departmental policy. 12.2 Emergency Leave In the event of an emergency, a firefighter shall be granted leave for a minimum of four (4) hours and until the emergency no longer exists and the firefighter can return and perform their job as required. The firefighter's station captain shall have the authority to grant the immediate leave and will coordinate with the Chief or his designee, (the Station #1 Captain), to acquire a replacement firefighter pursuant to this Agreement and Departmental policy. COLLECTIVE LABOR AGREEMENT-page 7 of 17 An "Emergency" for the purposes of this clause shall be a matter that could not have been anticipated or known prior to the beginning of the firefighter's shift and should in the discretion of the station captain be a matter of concern of great bodily hal111 to the firefighter or their immediate family; a matter of great property loss or damage to the firefighter and should only be granted in the most extraordinary of circumstances. When practical the Fire Chief will be notified of the granting of Emergency Leave, and if applicable, the possible length of said leave. 12.3 Incidental Leave Incidental leave is defined as time off not previously scheduled during the 10 vacation schedule process pursuant to departmental policy. Incidental leave usage shall 11 be governed by departmental policy, but no more than three (3) firefighters shall be 12 allowed to use incidental or vacation leave per shift unless directed by a change in 13 the departmental policy. 14 Incidental leave shall be granted at the discretion of the Fire Chief or designee. 15 The Station #1 Captain will be the departmental designee for the purpose of contacting 16 relief personnel as necessary, pursuant to the terms of this Agreement. 17 Incidental leave may be granted at any time, up to and including the day 18 requested, as long as no more than three firefighters have been granted vacation or 19 incidental leave on the requested day. Incidental leave will be granted for a minimum 20 four (4) hours. 21 12.4 Holiday Leave 22 All firefighters shall accrue and receive eight (8) hours paid leave for each of the 23 holidays listed below and any additional days recognized by the State of Idaho. All 24 holiday time shall be in addition to the employee's accumulated vacation leave, and shall 25 accrue as each holiday occurs. All twenty-four (24) shift employees shall have the 26 holiday leave added to their vacation leave. All employees shall be entitled to ten (10) 27 holidays per calendar year as listed below: 28 NEW YEAR'S DAY LABOR DAY 29 CIVIL RIGHTS DAY COLUMBUS DAY 30 PRESIDENT'S DAY VETERAN'S DAY 31 MEMORIAL DAY THANKSGIVING DAY 32 INDEPENDENCE DAY CHRISTMAS DAY COLLECTIVE LABOR AGREEMENT-page 8 of 17 ARTICLE 13 - RELIEF PERSONNEL The DEP AR TMENT will provide qualified relief personnel with full-time employees, Monday through Friday, if possible. On-call personnel will be used first choice on weekends, if possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift period of vacation, holidays, sick leave, and fire related education. Relief personnel may include current department personnel working out of classification in a higher ranked position, pursuant to this Agreement. Relief personnel 8 can also be pali-time paid personnel who have been certified as qualified through the 9 training program established by the DEPARTMENT. Part-time paid personnel can only 10 serve as relief in a Firefighter position) but not as Captain or Driver. 11 12 ARTICLE 14 - VACANCIES 13 Any unfilled position caused by termination, retirement, promotion or otherwise, 14 except for personnel reduction as provided elsewhere in this Agreement, shall be filled 15 from a hiring list of eligible applicants on file for that position. Promotions and 16 vacancies for the position of Driver, Captain and any other positions added to the ranks of 17 the DEP AR TMENT which pertain to shift personnel shall be filled from the current ranks 18 of full-time personnel of the Meridian Fire Department. After the test is given and if 19 appropriate training has been provided for the position tested and there are no successful 20 candidates a second test will be given and if there are still no successful candidates for 21 these positions, management has the right to hire outside of the Meridian Fire Department 22 to fiU the open position(s). AU promotional examinations shall be given and vacancies 23 filled within 90 days. 24 It shall be the exclusive responsibility of the DEPARTMENT to determine bona 25 fide occupational requirements within the meaning of this Article. 26 27 ARTICLE 15 - PROMOTIONS 28 Eligibility tests for promotion and newly created positions shall be based on 29 examinations given. To be considered for promotion the employee must have served one 30 continuous year in the previous position. All promotional lists will become effective 31 June 1 st of the year that they are given and will expire on May 31 st of the year that the 32 subsequent test is given. COLLECTIVE LABOR AGREEMENT- page 9 of 17 Examinations will be given once every two (2) years for Drivers; and will be given in the spring of each year. For the positions of Officers, the examination will be given every two (2) years in the spring. The next testing for Drivers will be in 2006 and for Officers in 2007, and so forth thereafter. An accurate bibliography and scoring criteria for the positions being tested shall be given to the eligible candidates a minimum of ninety (90) days prior to the test date. In the event of an opening/vacancy for a position in which there are no qualified 8 candidates on the current promotion/eligibility list of that position, a special test may be 9 given, by mutual consent of both parties, to fill the vacancy/opening. 10 All examinations shall be impartial and shall relate to those matters which will 11 test fairly the candidate's ability to discharge the duties of the position to be filled. 12 It shall be the exclusive responsibility of the DEPARTMENT to determine bona 13 fide occupational requirements within the meaning of this Article. The DEP AR TMENT 14 shaU be the sole judge of skills, qualifications and ability. Seniority for promotions will 15 be one-half (1/2) point per year of service up to the maximum of five (5) points. 16 Promotional examinations shall consist of a written test and assessment center. A 17 minimum of 70% will be required to pass each portion of the promotional examination. 18 Seniority points will be added after successfully passing the examination. The following 19 formula will be used to determine the candidate's final score on promotional 20 examinations. 21 Example: 81.0% Written Examination 22 + 75.0% Assessment Center 23 /2= 78.0% 24 + 4.0 Seniority Points (8 year's service) 25 82,0 Final Score 26 27 ARTICLE 16 - GRIEVANCE PROCEDURE 28 Disputes or differences arising between the DEPARTMENT and the UNION 29 and/or individual members of the Fire Department as to the meaning or application of any 30 provision of the Agreement or of the Rules and Regulations of the Fire Department (as 31 provided in Article 8), relating in any way to employees' wages, hours and lor conditions COLLECTIVE LABOR AGREEMENT-page 10 of 17 of employment, shall be settled in the manner provided herein. For the purpose of this provision, such a dispute or difference shall be refened to as a "Grievance." Step One: Any employee who has a grievance shall notify the Union Grievance Committee in writing within ten (10) business days from the date of the grievance, or ten (10) business days from the time the employee, through reasonable diligence, should have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, shall within the next then (10) business days determine if the grievance has merit. If in its opinion, the grievance does not have merit, no further action shall be necessary. 10 Step Two: If it is the opinion of the UNION that a valid grievance exists, the 11 UNION shall present the grievance in writing to the Fire Chief within ten (10) business 12 days after their decision. All parties to such discussion will make a good faith effort to 13 resolve the grievance. The Fire Chief thereafter shall give his/her reply in writing within 14 ten (10) business days from the receipt of the written grievance. 15 Step Three: If the grievance has not been resolved in Step Two, the UNION shall 16 present the grievance in writing to the DEP AR TMENT within ten (10) business days 17 from the receipt of the Fire Chiefs written reply. All parties to such discussion will 18 make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall 19 give its reply in writing within ten (10) business days. 20 Step Four: If the grievance has not been resolved at the appropriate lower 21 Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer 22 the grievance to an Arbitrator by serving written notice upon the other. 23 The UNION and the DEPARTMENT shall both select an individual to represent 24 their interests in the grievance process. The individuals may not be members of, or 25 employees of either the UNION or the DEPARTMENT. These two individuals shall 26 request Director of the Department of Labor and Industrial Services of the State of Idaho 27 to supply a list of seven (7) proposed arbitrators, none of the seven (7) shall be 28 individuals that have represented either the UNION or the DEPARTMENT. Within five 29 (5) business days after receipt of this list the UNION'S representative and the 30 DEPARTMENT'S representative shall select an Arbitrator by alternately striking one (1) 31 name at a time from the list until only one (1) name remains. The party striking the first COLLECTIVE LABOR AGREEMENT-page 11 of 17 name shall be determined by a coin toss. Both parties shall accept the name remaining on the list as the Lead Arbitrator. The Arbitration Board shall conduct a hearing and shall render a decision in writing, which shall be final and binding on both parties, subject only to the parties' right to seek vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9, Title 7 Idaho Code. The Arbitration Board shall have only such jurisdiction and authority to interpret 8 and apply the provisions of the Agreement as shall be necessary to the determination of 9 the arbitration issue. The Arbitration Board shall not have any power to add or subtract 10 from, modify or alter in any way, the provision of this Agreement. The cost of arbitration 11 shall be borne equally by the CITY and UNION 12 13 ARTICLE 17 - NO STRIKES - NO LOCKOUT 14 Upon the consummation and during the term of this Agreement, no member of the 15 Fire Department covered by this Agreement shall strike or recognize a picket line of any 16 labor organization while in the performance of hislher official duties, in accordance with 17 Idaho Code Section 44-1811. 18 It is mutually agreed that there shall be no strike authorized by the UNION and no 19 lockout authorized by the CITY, except for the refusal of either party to submit to or 20 abide by the grievance procedure set forth herein. No picket line, at or around the City's 21 property, established by any other person or organization shall be sanctioned or honored 22 during the term of this Agreement. 23 The UNION agrees that as part of the consideration for this Agreement, it will, 24 within twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, 25 slow-downs or suspensions of work, instructing their members to work immediately. The 26 UNION agrees that it will not assist employees participating in unauthorized work 27 stoppages, strikes, slow-downs or suspensions of work. For purposes of this section, the 28 term "strike" shall include a cessation or stoppage of work, slow-down, sit-in and 29 picketing of the City's premises. 30 COLLECTIVE LABOR AGREEMENT-page 12 of 17 ARTICLE 18 - UNIFORM AND PERSONAL FIREFIGHTING EQUIPMENT ALLOWANCE All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. The brand, style, materials and color of uniforms shall be reviewed ammally by the Uniform Committee. The 6 Committee shall be comprised of two (2) UNION members and one (1) member of 7 management designated by the Fire Chief. The Committee may recommend changes, but 8 the final decision shall be at the discretion of the Fire Chief. 9 Under this article the CITY shall provide each employee with $725.00 credit per 10 fiscal year for the purchase of station uniform wear or personal firefighting equipment for lIon-duty use (i.e. flashlights, firefighting tools or equipment, etc.). New firefighters will 12 be given $800.00 credit, for the same purpose, immediately following their hire date. On 13 the firefighter's anniversary date, of the first year of service, the firefighter shall receive 14 $60.00 credit for each month between the anniversary dated and the CITY'S fiscal year 15 end. As long as the items purchased are used and consumed during the normal course of 16 employment, the City will allow the firefighter to maintain the station wear and 17 equipment personally. 18 Any unused portion of the Uniform and Personal Firefighting Equipment 19 aUowance will be carried over to the following year's uniform allowance. Firefighters 20 shall not be allowed to exceed their allotted allowance. Any overage needs to be paid 21 from the Firefighter's next paycheck. This can only occur once. The ability to charge 22 shall cease until the next fiscal year. 23 The CITY will make all reasonable efforts during the term of this agreement to 24 create a different purchasing and invoicing system that may be considered by the 25 UNION. The City will make all reasonable efforts to institute a debit or credit card 26 system that will meet the accounting needs of the City without significantly hindering the 27 usual historical practice of purchases. In the event a program is created and approved by 28 the UNION and the CITY, during the course of this Agreement, will have the option to 29 re-open this agreement and substitute the CITY program in lieu of this program without 30 penalty. 31 COLLECTIVE LABOR AGREEMENT - page 13 of 17 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS The designated work period for all Fire Department personnel covered under this Agreement shall be on a twenty-seven (27) day cycle with coverage at 216 hours. Under the Fair Labor Standards Act (FLSA) 204 actual hours worked will be paid at the regular hourly rate and twelve (12) hours paid at the overtime rate if no excluded hours under the Act has been taken. Overtime shall also be paid for time worked off the Firefighter's normally scheduled shift, other than a "shift trade." 8 The regular work schedule for suppression personnel shall be three (3) shifts on 9 duty every other day and four (4) days off. A shift shall be twenty-four (24) hours of 10 duty, starting at 0700. For illustrative purposes, the regular work schedule for 11 suppression personnel is listed below with an X representing an on-duty shift and a Y 12 representing and off-duty shift. 13 XYXYXyyyy 14 15 ARTICLE 20 - BEREAVEMENT LEAVE 16 In the event of a death in the UNION member's immediate family, they shall be 17 entitled to twenty (24) hours and up to forty-eight (48) hours bereavement leave at the 18 discretion of the Chief. Additional leave may be granted from accrued vacation leave or 19 unpaid leave of absence. Sick leave may also be granted at the discretion of the Fire 20 Chief or designee. 21 For purposes of this article, immediate family shall be defined as current spouse, 22 children, parents, in-laws; brother, sister, grandparents; or grandchild of the employee. In- 23 laws are defined as a father, mother, or grandparents of current spouse, or sister and 24 brother in-law of the employee. Adopted or "step" relationships will be considered same 25 as any other family relationship. 26 27 ARTICLE 21 - ADDITIONAL DUTY AND COMPENSATION 28 Any firefighter reporting for duty while off-duty shall have all of the benefits that 29 he/she would normally have while on his/her regular tour of duty. All additional 30 compensation accumulated by a firefighter shall be due and payable in their next pay 31 period. 32 COLLECTIVE LABOR AGREEMENT-page 14 of 17 21.1 Definition of Overtime and Compensation Overtime pay shall be paid as defined by Article 19 of this agreement. Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her 4 normal rate of pay for all overtime worked. 21.2 Definition of Call Back and Compensation Call Back shall be when a firefighter is requested to return to work by the DEPARTMENT at a time that the firefighter was not scheduled to work. The firefighter shall receive a minimum of four (4) hours of pay, from the time they receive the call, for a call back. Additional calls during that initial four (4) hours 10 will not be further compensated. Any time worked after the first four (4) hours will be 11 compensated in one-half (1/2) hour increments, rounded up. Any firefighter reporting for 12 duty while off-duty shall have all of the benefits that he/she would normally have while 13 on his/her regular tour of duty. All additional compensation accumulated by a firefighter 14 shall be due and payable in their next pay period 15 Overtime pay shall be paid as defined by Article 19 of this agreement. 16 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her 17 normal rate of pay for all overtime worked. 18 21.3 Definition of Holdover and Compensation 19 Holdover shall be when a firefighter regularly scheduled duty is extended from 20 the end of the shift by the DEPARTMENT. 21 Any time worked as holdover will be compensated in one-half (1/2) hour 22 increments, rounded up to the next half-hour. 23 24 ARTICLE 22 - WORKING OUT OF CLASSIFICATION 25 All employees of the DEPARTMENT covered by this Agreement, who have 26 tested and are qualified as to meeting the eligibility requirements set forth by this 27 Agreement, and are on the current eligibility list for promotion to the higher ranked 28 position, when necessary, must accept, and assume the duties of the higher ranked 29 position when it is available. No more than one person working in a higher ranked 30 position will be allowed on a company at a time, unless an extreme or emergency 31 situation exists. 32 COLLECTIVE LABOR AGREEMENT- page 15 of 17 After the completion of the promotional exams the employee may opt to remain on the eligibility list or may choose to be removed at that time. At any time during the life of the eligibility list the employee may opt, at their sole discretion, to have their name removed. In either circumstance removal from the list will be final and the employee may re-test during the next testing period for promotion to that grade. The right to use personnel will be current full-time department personnel working out of classification in a higher or lower ranked position, as set forth above. If an employee were to work in a lower fanked position they would be paid at their current rate, not the lower wage. Each employee assuming the higher ranked duties shall be paid 10 at the wage scale of the higher position or rank, for the time worked at that position or 11 rank. Any time worked out of classification will be compensated in one-half (1/2) hour 12 increments, rounded up to the next half-hour. 13 14 ARTICLE 23 - STAFFING 15 The DEP AR TMENT maintains the right to assignment and staffing of stations, 16 engines, and companies. Consideration will be given for employees to request station 17 and shift assignments annually on a seniority basis. The method for request or selection 18 will be established by departmental policy. The DEPARTMENT retains the final 19 authority for all staffing and shift assignments. Each station shall have assigned 20 personnel sufficient to be able to staff a minimum of one (1) firefighter, one (1) driver, 21 and one (1) officer daily. Whenever circumstances exist that cause a station to fall below 22 that minimum; management reserves the right to re-assign personnel (including select 23 command officers at the Chiefs discretion), exercise "call-back", exercise "holdover", 24 exercise "working out of classification", or in extreme or emergency circumstances, take 25 an engine out of service temporarily until appropriate personnel are available. Stations or 26 engines will only be taken out of service long enough to return the necessary personnel to 27 staff them. 28 29 ARTICLE 24 - SALARIES 30 Wages for all UNION members shall be as fixed and set forth in APPENDIX A, 31 attached hereto. 32 COLLECTIVE LABOR AGREEMENT- page 16 of 17 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ARTICLE 25 - ALCOHOL & DRUG POLICY The DEPARTMENT and its UNION members agree to abide by the City of Meridian's Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is included in this agreement as APPENDIX B. It is agreed that changes made to this policy, shall not apply to the UNION without written consent of its members. ARTICLE 26 - SAVINGS CLAUSE If any provisions of this Agreement or the application of such provision should be rendered or declared invalid by any court having jurisdiction, or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 27 - EFFECTIVE DATE The Collective Labor Agreement shall become effective October 1, 2005 and remain in full force and effect through September 30,2007. This agreement may be re-opened at any time for negotiations on any mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. This may include items contemplated within this agreement that may require amendment or change during the course of this Agreement. DA TED AND SIGNED this _ day of November, 2005. CITY OF MERIDIAN IAFF LOCAL #2311, MERIDIAN CHAPTER BY:~ Ta e-weefd ~ Lance Smith Mayo, -..,,,.lIl1l1/flY,jce-President r;l;JFowd..- 6~ Cth; 4wn~ ,~/~1Jf~/4tr,,;-:- ATTEST: ;a~np(J:t6; l'A~% ... '<;~ '" ByJ/;k-'h~( L. SEAL 1 . . ,- 7. !';)_ WIlham G. Berg, Jr. S. ~ ,d; f City Clerk ~ ~ ., 1S'- . R ~.$ "'''''/;;;//?oiJf:lfY . \O~""~ COLLECTIVE LABOR AGREEMENT-page 1/~'61'11;-1Il\\\\" APPENDIX "An WAGE SCHEDULE All "Firefighter" levels listed below are State of Idaho Certification levels and must be served in one (1) continuous year before being eligible for promotion pursuant to Article 15, except for Probationary Firefighter, who are eligible for promotion to Firefighter I after six months. Wage Scale - The job classification and wage rates for employees covered by this Agreement shall be as follows: EFFECTIVE DATES Job Titles 10/1/2005 (+5%) 10/112006 (+5%) Introductory IProbatio nary $12.74 hourly $13.37 hourly $2925.42 monthly $3071.67 monthly $35,105 annually $36,860 annually Firefighter I $13.75 hourly $14.43 hourly $3157,08 monthly $3314.92 monthly $37,885 annually $39,779 annually Firefighter II $16.14 hourly $16.95 hourly $3706.92 monthly $389225 monthly $44,483 annually $46,707 annually Firefighter III $17.80 hourly $18.69 hourly $4087.25 monthly $4291.58 monthly $49,047 annually $51,499 annually Driver $19.20 hourly $20.16 hourly $4408.67 monthly $4629.08 monthly $52,904 annually $55,549 annually Captain $21.38 hourly $22.45 hourly $4909.75 monthly $5155.17 monthly $58,917 annually $61,862 annually Educational Pay: All employee's that have furthered their education and have acquired the following degrees that are related to the fire service, shall be paid the following amounts monthly in addition to the salaries listed above. Associate's Degree: $25.00 Bachelor's Degree: $50.00 Mater's Degree: $75.00 Paramedic Pay: All employees's that are Certified Paramedics by the State ofIdaho shall receive the following amount monthly in addition to the salaries listed above: $400.00 This amount shall only be available from IntroductorylProbationary level up to and including Driver. Captains and above shall not receive Paramedic pay. APPENDIX "An - WAGE SCHEDULE APPENDIX "B" CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.1 SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, and seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. POLICY: In recognition of the hannful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthennore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supersede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. APPENDIX "B" - DRUG AND ALCOHOL POLlCY - page 1 of 12 The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering and interpreting this policy to the extent necessary to clarity it. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION PROHIBITED ACTIVITIES A. On-Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. B. Off-Duty 1. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 2 of 12 the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. II. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by hislher physician that the prescription drug could cause adverse side effects while working must inform hislher supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 3 of 12 alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to retuming back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program CEAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program CEAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 4 of 12 3. To an employee who obtains cOlUlseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION A. Supervisors and other management personnel will be trained in: 1. OveraU City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy; 4. EAP intervention, procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and informed of: APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 5 of 12 1. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre- employment process. 3. An applicant will be provided written notice of this policy and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief" behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medica) treatment away from the site of the accident; APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 6 of 12 b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in hislher system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post- accident testing of the employee. Employees who are involved in a work -related accident requiring medical treatment are to immediately infonn their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are perfonned as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; c. Perform emergency medical, lifesaving, and/or fire suppression activities. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the APPENDIX "B" - DRUG AND ALCOHOL POLlCY - page 7 of 12 individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures ofthe random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take APPENDIX "S" - DRUG AND ALCOHOL POLICY - page 8 of 12 a breath-test due to a medical condition then a blood test will be administered. B. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or hislher designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. C. Testing and Confirmation I. The cut-off levels for aU Non-Dot testing is as follows: Drug Class Amphetamine Family Cocaine Phencyclidine (PCP) Marijuana Opiates Screening 1000 ng/ml 300 ng/ml 25 ng/ml 50 ng/ml 2000 ng/ml Confirmation 500 ng/ml 150 ng/ml 25 ng/ml 15 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohoL Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas ChromatographylMass Spectrometry (GeIMS) confirmation method. Any employee who tests positive for APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 9 of 12 illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre- employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result; the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICA nON A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or hislher designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification, If the MRO determines that the positive test result was due to authorized use of prescription medication; he/she will immediately report a negative finding to the Human Resource Director or hislher designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for hislher positive test result; and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or hislher designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 10 of 12 IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. XIII. DEFINITIONS Alcohol; means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. ii. Applicant: Any individual tentatively selected for employment with the City. iii. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased APPENDIX "8" - DRUG AND ALCOHOL POLICY - page 11 of 12 property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. iv. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. v. DIU!! testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. vi. Emplovee Assistance Program mAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. vii. Illegal dIU!!: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. viii. Legal drU!1 means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. ix. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. x. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. xi. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. APPENDIX "B" - DRUG AND ALCOHOL POLICY - page 12 of 12 P\ ease r os: 1 ''Pu bll0 NcPu'~ ~ ~J\ J\X:J'~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 22, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 18, 2005 City Pre-Council Meeting: B. Approve Closeout Documents I Agreements for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-m-01-SR: C. Construction Aareement with Hillside Landscaoe Construction for Autumn Faire Park: D. Sanitary Sewer Easement Aareement for Sutherland Farm No. ~: E. Water Main Easement Aareement for Marce Subdivision: F. Development Agreement: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: Meridian City Council Agenda - November 22,2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Department Reports: 7. Items Moved from Consent Agenda: 8. FP 05-066 Request for Final Plat approval for 4 commercial building lots on 9.09 acres in a C-G and I-L zone for Porkv Park Subdivision No.1 by V.J. Joint Venture - south of Pine Street and east of North Eagle Road: 9. FP 05-067 Request for Final Plat approval for 11 commercial building lots on 25.47 acres in a C-G and I-L zone for Porkv Park Subdivision No.2 by V.J. Venture - south of Pine Street and east of North Eagle Road: 10. Continued Public Hearing from November 1,2005: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 11. Public Hearing: PP 05-032 Request for Preliminary Plat approval of 21 single family residential building lots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 12. Continued Public Hearing from November 1, 2005: CUP 05-036 Request for a Conditional Use Permit I Planned Development to allow reduced lot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 13. Public Hearing: TE 05-010 Request for a one year time extension to record the final plat for Setter Cove Subdivision by Tealey's Land Surveying - 2100 East Leighfield Drive: 14. Resolution No. Approving Collective Bargaining Agreement between the City of Meridian and the Meridian Firefighter's Union, IAFF, Local #2311 : 15. Ordinance No. AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: Meridian City Council Agenda - November 22,2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. DATE T I ME TO/FROM 04 11/18 11:47 PUBLIC WORKS 05 11/18 11: 49 8848723 06 11/18 11:50 8841159 07 11/18 11'51 2088840744 08 11/18 11=52 POLICE DEPT 09 11/18 11 =53 8985561 16 11/18 11:55 LIBRARY 11 11/18 11: 56 IDAHO STATESMAN 12 11/18 11: 57 3886924 13 11/18 11' 58 P-AND-Z 14 11/18 12: 60 FIRE DEPT 15 11/18 12=01 SERVER 16 11/18 12: 02 208 387 6393 17 11/18 12:03 ADR CTY DEVELMT 18 11/18 12:05 2088885652 19 li/18 12=06 Lf1l<EVIEW GDLFCOU 20 11/18 12=08 rDAHO ATHLETIC C 21 11/18 12: 09 ID PRESS TRIBUNE 22 11/18 12: 11 2088886701 MODE MIWSEC PGS EC--S 00' 41" 002 EC--S 00'41" 002 EC--S 00'40" 002 EC--S 00'42" 002 EC--S 00' 41" 002 EC--S 00' 40" 062 EC--S 00' 50" 002 EC--S 00' 40" 002 EC--S 00'40" 002 EC--S 00' 41 h 002 EC--S 00' 39" 01212 G3--S 00' 51" 002 EC--S 00'46" 002 EC--S 00'41" 01212 EC--S 00'41" 002 G3--S 01' 19" 002 EC--S 60' 40" 002 EC--S 60'41" 002 EC--S 00'41" 002 CMDIl STATUS 016 OK 016 OK 016 OK 016 OK 016 OK 016 OK 12116 OK 016 OK 1316 OK 1316 OK 016 OK 1316 OK 016 OK 016 OK 016 OK 016 OK 016 OK 12116 OK 1316 OK ~\ tOSe res t h:.v I-"u bll C-> NOu Q.t - \ n.QJ\o'~ CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, November 22, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " Shaun Wardle _ Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Kevin Moyer, with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of October 18, 2005 City Pre-Council Meeting: B. Approve Closeout Documents I Agreements for ~ Center Rehabilitation Proiect ICDBG 04-1II-01-SR: C. Construction Aareement with Hillside LandscaDe Construction for Autumn Faire Park: D. Sanitarv Sewer Easement Aareement for Sutherland Farm No. ~: E. Water Main Easement Aorssment for Marce Subdivision: F. Development Agreement: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT 10 R-40 zone for Arnke ~by Michael Arnke- 2070 West Pine Avenue: Meridian City Council Agenda - November 22, 2005 P&ge 1 of 2 All materials pregented at pubtic meetings shall become properly of the City of Meridian, Anyone desiring accommodation for disabilities related 10 documents andlor hearings please conlaclthe City Clerk's Office at 888-4433 alleast 48 hours prior to the PUblic meeting. ** TX CONF I RMAT ION REPORT >i<>i< ( AS OF NOU 25 '0~ 16: 03 PAGE. 01 CITY OF MERIDIAN DATE T [ME TO/FROM 63 11 /25 16: 133 IDAHO ATHLETl C C MODE M I N/SEC PGS CMDt:! STATUS EC--S 130' 45" 002 055 OK Revised 11-22-05 6. Department Reports: A. Public Works Department - Len Grady 7. 1_ Update on the Bidding of Projecw for Public Works: .. / ~(jL hP ct.en 'a.:R ff~ ~ lr.vt.cJtAJ'~? /?V/ fe, Items Moved from Consent Agenda:/iOA.e... F Cd'/>vll/'j W~"-d~ C,,?;:;tc.. ,r;;.r tM.e L ;n--or? d;r FP 05-066 Request for Final Plat approval for 4 commercial building lots on 9.09 acres in a C-G and I-L zone for Porky Park Subdivision No_ 1 by V.J. Joint Venture - south of Pine Street and east of North Eagle Road: CJ:ppro~ B. FP 05-067 Request for Final Plat approval for 11 commercial building lots on 25.47 acres in a C-G and I-L zone for Pork v Park Subdivision No.2 by V.J. Venture - south of Pine Street and east of North Eagle Road: 4pP7'r::W.e.-- Continued Public Hearing from November 1, 2005: AZ 05-033 Request for Annexation and Zoning of 3.02 acres to R-8 zone for Banff Subdivision by Landworks, LLC - 675 South Linder Road: 1"'- _ _/,. t::t..e ~fJpVL of acc-.e p t" re ~rJJ,.._.d";I;f'1 /)yv of I' f 2.- WNv ~ rur c.-f..X/YL' Public Hearing: PP 05-032 Request for PreliminalY Plat approval of 21 single family residential building Jots and seven common lots on 2.91 acres in a proposed R-8 zone for Banff Subdivision by Landworks. LLC - 675 South Linder Road: dPn.-:J - {".plvo/ L d.e.;-..ial fftl'"n\. JlI Z (qvy..,. Continued Public Hearing from November 1, 2005: CUP 05~036 Request for a Conditional Use Permit I Planned Development to allow reduced Jot sizes, setbacks, frontage and minimum ground floor square footage for Banff Subdivision by Landworks, LLC - 675 South Linder Road: t:U1o-~ Public Hearing: TE 05-010 Request for a one year time extension to record the final plat for Setter Cove Subdivision by Tealey's Land Surveying - 2100 East Leighfield Drive: C(/)'l.-hit~ piA. Iv Me. 61:uP()~ Resolution No. {} Ei - 4q 3 : Approving Collective Bargaining Agreement between the City of Meridian and the Meridian Firefighter's Union, JAFF, Local #2311: ~jJ'n9v-<.. Ordinance No. (J S- - /2 t) 2 : AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: UfJPY7lV'<.,; (6. E;<e cu I-iV{ Ie J f/tn.- 67-2345 (tJ (c) ~ ~-... 9_ 10. 11. 12. 13. 14. 15. Meridian City Council MeetIng Agenda - November 22, 2005 Page 2 of 2 All materials presented at public meetings Shall become property of the City of Mer'ldian. Anyone desiring accommodation for disabilities relared 10 documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX REPORT ** AS OF NOU 25 PAGE. 01 CITY OF MERIDIAN DATE TI ME TO/FROM 102 11/25 15: 58 IDAHO ATHLET Ie C MODE M I N/SEC PGS CMDJ:l STATUS EC--S 00' 46" 002 053 OK Revised 11-22-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 22, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: ~ Shaun Wardle 4- Christine Donnell o Charlie Rountree Keith Bird - ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: /joy d"CRWt TJ-I?P/J I?"( 3. Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: rttul prtJd(,t.ht.IVhn-, k>r "'-~r@ivi~.6':} fJl".t'Jitr:;;/tv 4. Adoption ofthe Agenda: afjlrc:w~ a,J" reVlkd...., 5. Consent Agenda: A. Approve Minutes of October 18, 2005 City Pre-Council Meeting: u I'l'rc:7v~ B. Approve Closeout Documents I Agreements for Meridian Sr. Center Rehabilitation Proiect ICDBG 04-1II-01-SR: til'fh'"ov..t.. Co Construction AarQoment with Hillside Landscane Construction for Autumn Faire Park: ()/P~lNL- D. Sanitarv Sewer Easement Aqreement for Sutherland Farm No. 2: ~f"p-rCl v< E. Water Main Easement Arueement for Marce Subdivision: tfo/7 (lrPv<- F. Development Agreement: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R~40 zone for ~ Subdivision by Michael Arnke - 2070 West Pine Avenue: arrv<-- Meridian City Council Meeting Agenda - November 22, 2005 Page 1 of 2 All malerials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX REPORT ** AS OF NOIJ 25 PAGE. 01 CITY OF MERIDIAN DATE TI ME TO/FROM 04 11/25 16: 06 3810160 MODE M I N/SEC PGS CMDf:I STATUS EC--S 01' 15" 002 057 OK Revised 11-22-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 22, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1_ Roll-call Attendance: ~ Shaun Wardle )(' Christine Donnell ~ Charlie Rountree --x:--- Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: /joy cfe-6'1Vf Tfp(Jf IS/ 3, Community Invocation by Pastor Kevin Moyer with Meridian First Baptist Church: rtfld. fJrodAm.4J;.....~;- ..,.~rgivi^-j 61 PtYJitr:!o/I'V 4. Adoption ofthe Agenda: afflr9ve eR5 rev;k.d... 5. Consent Agenda: A. Approve Minutes of October 18, 2005 City Pre-Council Meeting: a f?p rc>~ B. Approve Closeout Documents I Agreements for ~ Center Rehabilitation Project ICDBG 04~1IJ.01.SR: Ctl'j>"rt'v..t- C. Construction Aareement with Hillside LandscaDe Construction for Autumn Faire Park: ~fl~ D. Sanitary Sewer Easement AQreement for Sutharland Farm No. Q: a-pp-rv v(. E. Water Main Easement Aareement for Marce Subdivision: tzpfr()V'<- F. Development Agreement: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: dVfr v<""- Meridian City Council Meeting Agenda - November 22.2005 Page t of2 All materials presented at public meetings shall be come property of the City of Meridian. Anyone desiring accommodation for disa bilities related to documents andfor hearings please contact the City Clerk's Office at 888-4433 alleast 48 hours prior to the public me ating.