Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2006-09-26
9 CITY OFlw C�W6Y1G�1G'YI IDAHO] �y F� R �TRensuaev^�V 1BD3 • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 26, 2006 at 7:00 p.m. "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 Joe Borton Charlie Rountree Keith Bird b Mayor Tammy de Weerd 2. Pledge of Allegiance: d'A4,1*01'- A)AL06& 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: lrr-a4-4c-04- 4. Adoption of the Agenda: 4W" we �r "&-/34,aG 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision by Red Cliff Development — 2539 North Eagle Road: 744,4t& W OC -or-, P3K., "© 6 B. Findings of Fact and Conclusions of Law for Approval: VAR 06-019 Request for a Variance approval for removal of the sidewalk requirement along Larkwood Place for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkwood Place: 47. r/ v-4, C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada Meridian City Council Meeting Agenda — September 26, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. County) to L -O (Limited Office District) zones for Ashton Park Annexation by David N. Price -- 201 West Ustick Road: ajop,.y D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 033 Request for Annexation and Zoning of 7.6 acres from RUT (Ada County) to 6 acres of R-4 (Medium Low -Density Residential) and 1.6 acres of R-8 (Medium Density Residential) for Benelli Springs Subdivision by Rob Godsill - 3420 South Locust Grove Road: avyn-w v -e -- E. Findings of Fact and Conclusions of Law for Approval: PP 06- 041 Request for Preliminary Plat approval of 17 single-family units in the proposed R-4 zone, 8 single family units in the proposed R-8 zone and 5 common lots on 7.6 acres for Benelli Sprinas Subdivision by Rob Godsill - 3420 South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Sprinas Townhomes by John Flaherty Construction - south of West McMillan and west of North Meridian Road: a7,y1,--v6* G. Findings of Fact and Conclusions of Law for Approval: PP 06- 033 Request for Preliminary Plat approval of 48 attached single- family units in the proposed R-15 zone, 20 detached single-family units in the existing R-8 zone and 5 common lots on a total of 11.05 acres for Cedar Springs Townhomes by John Flaherty Construction - south of West McMillan and west of North Meridian Road: H. Water Main Easement Agreement for All Valley Animal Care by Boise Valley Common: 1. Agreement for Professional Services for Information Technology Strategic Audit with Kerrin Executive Services: J. Public Works Chance Order No. 2 of Contract for PRV Radio and Power Installations with Lea Electric: '�' `„` &// ; 3 S, 0'E K. Memorandum of Understanding with the City of Meridian and Local Union # 2311 for Fire Inspector Position: 41, rvr ,— Meridian City Council Meeting Agenda — September 26, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 6. Department Reports: A. Legal Department - Bill Nary 1. Approve SWAC Recommendation on Application for Meridian Middle School Cardboard Recycling Pilot Program for $220.00: v.c. 2. Approve SWAC Recommendation on Application for Meridian Boys & Girls Club of Ada County for Centennial Park Artwork Project for $7,740.00: % 3. Entitlement City Letter for U.S. Department of Housing & Urban Development's designation as an Entitlement Community: A?1,?r-VWV- �i.• �Cv�-r-� „� B. Public Works Department 1. Personal Services Contract between the City of Meridian and Whitman & Associates, Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: .e-;q9,~rrc- 2. Personal Services Contract between the City of Meridian and RIMI, Inc. to provide mechanical inspection services and plan reviews for structures constructed within the City of Meridian: Wgryp�-o✓-e- 3. Personal Services Contract between the City of Meridian and DMH, Enterprises to provide plumbing inspection services and plan reviews for structures constructed within the City of Meridian: Alrevve- 4. Personal Services Contract between the City of Meridian and Harold's Electric, Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian: er/h-off 5. Personal Services Contract between the City of Meridian and Greene's Fire Protection & Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian: a�wlh-vvt- Meridian City Council Meeting Agenda — September 26, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9 r C. Parks Department — Doug Strong 1. Award of Bid / Approve Budaet Amendment for Adventure Island Splash Pad to Haemker General Construction, Inc./831 :6¢o 7. Items Moved from Consent Agenda: a~OPCn• IIAP X- e F * 06,(5-0a .s 8. FP 06-042 Request for Final Plat approval for 12 commercial building lots on 3.77 acres in an L -O zone for Sundance Subdivision No. 5 by Dave Evans Construction — Northeast Comer of West Ustick Road and North Meridian Road: oipr", 9. Tabled from August 22, 2006: Public Hearing: VAR 06-017 Request for a Variance for a right -in only access from Eagle Road to Sadie Creek Promenade for Sadie Creek Promenade by Landmark Development Group, LLC — Southwest comer of Eagle Road and Ustick Road: ,rplry vie- 00 -La w ,ef /iZ f ue J & . 10. Continued Public Hearing from August 22, 2006: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: /7)-z -� elf A( c/ -e lrv� 11. Continued Public Hearing from August 22, 2006: PP 06-028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: 12. Continued Public Hearing from August 22, 2006: CUP 06-021 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi -family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: �-�- 13. Continued Public Hearing from September 19, 2006: AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprinas Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: to "I --e cl'e A v 14. Continued Public Hearing from September 19, 2006: PP 06-029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Meridian City Council Meeting Agenda — September 26, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9 • Silverslprinas Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: 15. Continued Public Hearing from August 22, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects —1777 Victory Road: ��"v`c �,f�'h.ol�-ate 1ugo.cd.,4- 16. Continued Public Hearing from August 22, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: 17. Continued Public Hearing from September 19, 2006: MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church — northwest comer of West Franklin Road and North Ten Mile Road: A70711" &--&** 18. -&- 18. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and (f) — (to consider and advise its legal representatives in pending litigation): r9? _ Meridian City Council Meeting Agenda - September 26, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. f CITY OF �'_`u• •:fi q'Ilkw C�V6rlt-n IDAHO �y PC N Jen' 16iREA+SUFffi CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 26, 2006 at 7:00 p.m. `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 Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision by Red Cliff Development — 2539 North Eagle Road: B. Findings of Fact and Conclusions of Law for Approval: VAR 06-019 Request for a Variance approval for removal of the sidewalk requirement along Larkwood Place for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkwood Place: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada Meridian City Council Meeting Agenda — September 26, 2006 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 County) to L -O (Limited Office District) zones for Ashton Park Annexation by David N. Price -- 201 West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 033 Request for Annexation and Zoning of 7.6 acres from RUT (Ada County) to 6 acres of R-4 (Medium Low -Density Residential) and 1.6 acres of R-8 (Medium Density Residential) for Benelli Spinas Subdivision by Rob Godsill — 3420 South Locust Grove Road: E. Findings of Fact and Conclusions of Law for Approval: PP 06- 041 Request for Preliminary Plat approval of 17 single-family units in the proposed R-4 zone, 8 single family units in the proposed R-8 zone and 5 common lots on 7.6 acres for Benelli Sprinas Subdivision by Rob Godsill — 3420 South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction — south of West McMillan and west of North Meridian Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 033 Request for Preliminary Plat approval of 48 attached single- family units in the proposed R-15 zone, 20 detached single-family units in the existing R-8 zone and 5 common lots on a total of 11.05 acres for Cedar Springs Townhomes by John Flaherty Construction — south of West McMillan and west of North Meridian Road: H. Water Main Easement Agreement for All Valley Animal Care by Boise Valley Common: 1. Agreement for Professional Services for Information Technology Strategic Audit with Kerrin Executive Services: J. Public Works Change Order No. 2 of Contract for PRV Radio and Power Installations with Lea Electric: K. Memorandum of Understanding with the City of Meridian and Local Union # 2311 for Fire Inspector Position: Meridian City Council Meeting Agenda — September 26, 2006 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • 6. Department Reports: A. Legal Department — Bill Nary 1. Approve SWAC Recommendation on Application for Meridian Middle School Cardboard Recycling Pilot Program for $220.00: 2. Approve SWAC Recommendation on Application for Meridian Boys & Girls Club of Ada County for Centennial Park Artwork Project for $7,740.00: 3. Entitlement City Letter for U.S. Department of Housing & Urban Development's designation as an Entitlement Community: B. Public Works Department 1. Personal Services Contract between the City of Meridian and Whitman & Associates. Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: 2. Personal Services Contract between the City of Meridian and RIMI, Inc. to provide mechanical inspection services and plan reviews for structures constructed within the City of Meridian: 3. Personal Services Contract between the City of Meridian and DMH. Enterprises to provide plumbing inspection services and plan reviews for structures constructed within the City of Meridian: 4. Personal Services Contract between the City of Meridian and Harold's Electric. Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian: 5. Personal Services Contract between the City of Meridian and Greene's Fire Protection & Safety Services. Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian: Meridian City Council Meeting Agenda — September 26, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Parks Department — Doug Strong 1. Award of Bid / Approve Budget Amendment for Adventure Island Splash Pad to Haemker General Construction, Inc. 7. Items Mowed from Consent Agenda: 8. FP 06-042 Request for Final Plat approval for 12 commercial building lots on 3.77 acres in an L -O zone for Sundance Subdivision No. 5 by Dave Evans Construction — Northeast Comer of West Ustick Road and North Meridian Road: 9. Tabled from August 22, 2006: Public Hearing: VAR 06-017 Request for a Variance for a right -in only access from Eagle Road to Sadie Creek Promenade for Sadie Creek Promenade by Landmark Development Group, LLC — Southwest comer of Eagle Road and Ustick Road: 10. Continued Public Hearing from August 22, 2006: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: 11. Continued Public Hearing from August 22, 2006: PP 06-028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: 12. Continued Public Hearing from August 22, 2006: CUP 06-021 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi -family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: 13. Continued Public Hearing from September 19, 2006: AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: 14. Continued Public Hearing from September 19, 2006: PP 06-029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Meridian City Council Meeting Agenda — September 26, 2006 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: 15. Continued Public Hearing from August 22, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects —1777 Victory Road: 16. Continued Public Hearing from August 22, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: 17. Continued Public Hearing from September 19, 2006 : MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church — northwest comer of West Franklin Road and North Ten Mile Road: 18. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and (f) — (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda — September 26, 2006 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 * COMMUNICATIONS REPORT * AS OF SEP 22 '06 16-03 PAGE.01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0098 SEND 00033'50" RECEIVE 0002 RECEIVE 00001'17" DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 09/22 13:22 8848723 EC --S 01'33" 005 051 OK 02 09/22 13:24 WATER DEPT EC --S 01'33" 005 051 OK 03 09/22 13:27 2088840744 EC --S 01'35" 005 051 OK 04 09/22 13:29 POLICE DEPT EC --S 01'32" 005 051 OK 05 09/22 13:31 8985501 EC --S 01'31" 005 051 OK 06 09/22 13:33 LIBRARY EC --S 01'32" 005 051 OK 07 09/22 13:35 2083776449 EC --S 01'32" 005 051 OK 08 09/22 13:3? 3886924 EC --S 01'32" 005 051 OK 09 09/22 13:39 P—AND-2 EC --S 01'32" 005 051 OK 10 09/22 13:41 208 888 2682 EC --S 01'34" 005 051 OK 11 09/22 13:43 208 387 6393 EC --S 01'32" 005 051 OK 12 09/22 13:45 ADA CTY DEVELMT EC --S 01'33" 005 051 OK 13 09/22 13:4? 2088885052 EC --S 01'39" 005 051 OK 14 09/22 13:50 IDAHO ATHLETIC C EC --S 01'32" 005 051 OK 15 09/22 13:52 ID PRESS TRIBUNE EC --S 01'33" 005 051 OK 16 09/22 13:54 2088886701 EC --S 01'31" 005 051 OK 17 09/22 13:59 FIRE DEPT EC --S 01'31" 005 051 OK 18 09/22 15:43 G3 --R 00'30" 000 INC 19 09/22 15:44 8985501 EC --R 00'47" 002 063 OK 20 09/22 15:46 2086721600 EC --S 00'34" 001 059 OK 21 09/22 15:4? 208-385-7385 G3 --S 00'36" 001 060 OK 22 09/22 15:49 208 336 3736 EC --S 00'34" 001 061 OK 23 09/22 15:52 NPR News 91 G3 --S 00'36" 001 062 OK 24 09/22 15:53 2084722211 EC --S 00'33" 001 064 OK 25 09/22 15:54 2083737245 EC --S 00'33" 001 065 OK 26 09/22 15:55 381 6681 EC --S 00'34" 001 066 OK 27 09/22 15:56 2086721600 EC --S 00'35" 001 067 OK 28 09/22 15:57 208-385-7385 G3 --S 00'37" 001 069 OK 29 09/22 15:58 NPR News 91 G3 --S 00'38" 001 070 OK 30 09/22 16:00 2084722211 EC --S 00'34" 001 071 OK 31 09/22 16:01 2083737245 EC --S 00'35" 001 072 OK 32 09/22 16:02 381 6681 EC --S 00'34" 001 074 OK 0 40 Meridian City Council Meeting September 26, 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, September 26, 2006, by President Shaun Wardle. Members Present: Shaun Wardle, Keith Bird, Charlie Rountree and Joe Borton. Members absent: Mayor Tammy de Weerd, Others Present: Bill Nary, Will Berg, Caleb Hood, Len Grady, Joe Silva, John Overton, Doug Strong, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree 0 X Joe Borton X Keith Bird Mayor Tammy de Weerd Wardle: I would like to welcome everyone to our City Council meeting for the City of Meridian, Tuesday, September 26, at 7:00 o'clock. I will begin with roll call attendance. Item 2: Pledge of Allegiance: Wardle: Thank you. Item 2 is the Pledge of Allegiance. If you will all please rise and join me in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle: Wardle: Item No. 3 is our community invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle. Roberts: Before we pray, I'd like to just take a moment to say my thanks for the Roberts family for honoring my father the way the Council did on his passing. It's meant a lot to our family to know that the City Council honored him in the way that you did and I just wanted to thank you for that. Let us pray. Most gracious and kind Heavenly Father, we are, indeed, thankful that we can come to you and invoke your presence at this time of gathering. We know that our hearts -- we love this community. We are so thankful for your watch care in our lives. We just ask again, Father, that you would watch over every decision that is made here tonight, cause our hearts to be able to be joined together with purpose and vision, a unity that will produce for us a continuing community wherein we can be known as a community of love, acceptance, and forgiveness, a community that's concerned about appropriate growth, but we know, Father, that these Meridian City Council September 26, 2006 Page 2 of 28 decisions are not made without struggles, so we ask for your wisdom and your guidance at this time tonight. We ask these things in Jesus mighty name, amen. Item 4: Adoption of the Agenda: Wardle: Pastor Roberts, thank you for your continued service to our community. Item No. 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We have a few changes here on the Consent Agenda. Item A has been asked to be pulled and tabled to October 3rd, '06. On the regular agenda Item No. 9 has been asked to be withdrawn by the applicant. And Items 15 and 16 have been asked to be withdrawn by the applicant. With that I move that we approve the revised agenda. Rountree: Second. Wardle: It's been moved and seconded to approve the revised agenda. All in favor? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 06-018 Request for a Variance for full access to Bienville Square from State Highway 55 (Eagle Road) for Bienville Square Subdivision by Red Cliff Development — 2539 North Eagle Road: B. Findings of Fact and Conclusions of Law for Approval: VAR 06-019 Request for a Variance approval for removal of the sidewalk requirement along Larkwood Place for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkwood Place: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 034 Request for Annexation and Zoning of 2.95 acres from R4 (Ada County) to L -O (Limited Office District) zones for Ashton Park Annexation by David N. Price -- 201 West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: AZ 06- 033 Request for Annexation and Zoning of 7.6 acres from RUT (Ada County) to 6 acres of R-4 (Medium Low -Density Residential) and 1.6 acres of R-8 (Medium Density Residential) for Benelli Springs Subdivision by Rob Godsill — 3420 South Locust Grove Road: Meridian City Council • • September 26, 2006 Page 3 of 28 E. Findings of Fact and Conclusions of Law for Approval: PP 06- 041 Request for Preliminary Plat approval of 17 single-family units in the proposed R-4 zone, 8 single family units in the proposed R-8 zone and 5 common lots on 7.6 acres for Benelli Sprinas Subdivision by Rob Godsill — 3420 South Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 06- 006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Sprinas Townhomes by John Flaherty Construction — south of West McMillan and west of North Meridian Road: G. Findings of Fact and Conclusions of Law for Approval: PP 06- 033 Request for Preliminary Plat approval of 48 attached single- family units in the proposed R-15 zone, 20 detached single-family units in the existing R-8 zone and 5 common lots on a total of 11.05 acres for Cedar Springs Townhomes by John Flaherty Construction — south of West McMillan and west of North Meridian Road: H. Water Main Easement Aareement for All Valley Animal Care by Boise Valley Common: I. Agreement for Professional Services for Information Technology Strategic Audit with Kerrin Executive Services: J. Public Works Chance Order No. 2 of Contract for PRV Radio and Power Installations with Lea Electric: K. Memorandum of Understanding with the City of Meridian and Local Union # 2311 for Fire Inspector Position: Wardle: Item No. 5, the Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: As I stated, Item A on the Consent Agenda needs to be tabled until October 3rd, 2006. And with that I move that we approve the revised Consent Agenda and for the President to sign and the Clerk to attest on all papers. Rountree: Second. Wardle: It's been moved and seconded to approve the Consent Agenda. Mr. Clerk, will you, please, call roll. Meridian City Council • September 26, 2006 Page 4 of 28 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Legal Department — Bill Nary 1. Approve SWAC Recommendation on Application for Meridian Middle School Cardboard Recycling Pilot Program for $220.00: 2. Approve SWAC Recommendation on Application for Meridian Boys & Girls Club of Ada County for Centennial Park Artwork Project for $7,740.00: 3. Entitlement City Letter for U.S. Department of Housing & Urban Development's designation as an Entitlement Community: Wardle: Item No. 6 is Department Reports. Item 6-A, Legal Department, Mr. Nary. Nary: Thank you, Mr. President. There are two items there, one and two, that are Solid Waste Advisory Committee recommendations. We bring those to you periodically during the budget year. There is money set aside in the budget for these type of applications. The Solid Waste Advisory committee has recommended approval of both of these. Just to refresh your memory, these types of projects require a 50 percent match by the applicant. Both of these meet this criteria. Just as one note, item two is for 7,740 dollars for the Meridian Boys and Girls Club application. That would exceed the remainder of the budget. There is a portion of that that can be paid out of this year's budget that would take the total amount in that line item down to zero. There is a remainder that we will bring back to you in the new year when the specific -- the specific amount out of the next year's budget needs to be paid in phases, because this is a phased in project anyway, but I wanted to make you aware of both of those. If those meet your approval, we'd simply ask for your motion and approval of those. Wardle: Thank you, Mr. Nary. Council, questions about the Solid Waste Advisory Committee recommendation? Bird: Mr. President? Wardle: Mr. Bird. Bird: Just for clarity, this is not taxpayer dollars, this is the money that has been raised through our recycling; right? Meridian City Council September 26, 2006 Page 5 of 28 Nary: Absolutely. Mr. President, Members of the Council, Councilmember Bird, all of the money that's in that fund comes from the return by SSC to the city from the funds they receive from the recycling program that his held city wide. So, all of the funds from that don't come out of the General Fund, they all come from the return on the recycling program. Bird: Thank you. Mr. President? Wardle: Mr. Bird. Bird: I'd move we approved the two SWAC recommendations of Meridian Middle School cardboard project for 220 dollars and the Meridian Boys and Girls Club for 7,740 dollars. Rountree: Second. Wardle: It's been moved and seconded to approve both recommendations from the Solid Waste Advisory Committee. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Item 3, Mr. Nary. Nary: Thank you, Mr. President. Item 3 is a letter from the City with the Mayor's signature to the U.S. Department of Housing and Urban Development. The City of Meridian, when it went over 50,000 residents, is now eligible to be an entitlement city and directly receive funds from the federal government for community development block grants. So, rather than getting in the large pool, which is made up of cities statewide that are eligible, we are eligible as an individual city to be entitled to receive those funds directly. There is a longer process that goes into place and I will just give you a very brief thumbnail about that. The intent is to implement a program that would begin October 1 of 2007. So, in the next year what we would be doing is -- right now we don't have city staff set aside to use this or to manage this. We are looking to contract with an entity like Sage that has been our assistant in getting these block grants and developing these block grant programs for the city, to have them do the underlying work that's necessary. What that is is to establish a program to get public input to look at the possible varieties of programs that can be done, whether it's building infrastructure like sidewalks in areas of our city that are needed for a safe route to schools or routes for low income folks to be able to have better access to the downtown core, whether it's to purchase property -- that's the more extreme end, whether to purchase property that could be used for moderate income housing or low income housing -- there is a variety of different things that these funds can be used for, but the first step in the process is to do this and the letter has to be sent to them before the end of the week, so that's why Meridian City Council • September 26, 2006 Page 6 of 28 it's here tonight. Mayor de Weerd wasn't able to be here tonight to present this herself, but this is the first step. There is a lot more things that will happen. Eventually, what happens in the process is that when these funds are, then, available, they are made available in the spring, what the intent is is to bring projects to you by your next budget cycle for you to be able to have the public hearings, make the decisions as to which projects you want to fund with the available monies that the city is entitled to and, then, those monies would, then, be able to be used October 1 of '07 when the program actually would begin. That timing -- at least in talking to other cities that do this type of work around the state, Lewiston, Idaho Falls, Boise, Pocatello, that timing really works in the city's best interest to be able to identify the needed projects and fund the needed projects for your budget cycle. Most of the other cities don't do it that way, so they have to speculate the amount of funds they will get and which funds they can, then -- which project they can, then, fund and sometimes it gets a little troubling. So, probably the most positive side from the city's aspect of doing this is none of the cities in Idaho that have taken on this task have ever turned backwards and stopped doing it. You always have the ability to stop doing it and not continue to be an entitlement city if you don't want to be -- no city has done that, because they have found the benefits to the citizenry has been enough to make it worthwhile. There is administrative fees that can be taken out of the money, so the city isn't necessarily funding this out of taxpayer dollars, it's all funded out of the grant monies and you can do that through a contract process like we are considering. Anyway, if it meets your approval, we'd like your approval to move the letter forward so we can be in the process. Wardle: Thank you, Mr. Nary. Council, questions? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Bill, what kind of funds are we talking about -- not funds, but amounts are we talking about? Nary: It's hard to get specific numbers, but somewhere between three and four hundred thousand dollars, based on our population. That's a factor that -- Rountree: Per year? Nary: -- goes into it per year. Yes. There is a factor that goes into it as population, there is a number of other factors. To give you just a brief example, Idaho Falls has a higher population than Pocatello, yet gets a smaller entitlement than Pocatello, just because of the economy in Pocatello is a little different than Idaho Falls. Housing stock, economy, those things go into that. But they said three or four hundred thousand is a pretty realistic number to be looking at. Rountree: Thank you. Meridian City Council September 26, 2006 Page 7 of 28 Wardle: Council, additional questions? Just for clarification, Mr. Nary, this is to express our interest in becoming an entitlement city and certainly the opportunity for grants and funding will be discussed in full at our fiscal year 2008 budget; is that correct? Nary: Yeah. And, in fact, Mr. President, Members of the Council, it will be discussed with you a whole bunch before that. But, yeah, this is just the first step. If we don't do it by the end of the month we will lose a year in the cycle. So, that's the reason we want to have this part done and you will see a whole lot more of this before your -- even your budget hearings next summer. Wardle: Okay. Rountree: Do you need a motion or just general consensus? Wardle: Preferably a motion to support the Mayor's signature. Nary: A motion would be better, because, eventually, there is, obviously, some real commitment on the city's part, so we would prefer that. Rountree: Mr. President, I move that we endorse and authorize the Mayor to sign a letter to HUD designating Meridian as an entitlement community. Bird: Second. Wardle: It's been moved and seconded to support Item 3, Legal Department. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Public Works Department 1. Personal Services Contract between the City of Meridian and Whitman & Associates, Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: 2. Personal Services Contract between the City of Meridian and RIMI, Inc. to provide mechanical inspection services and plan reviews for structures constructed within the City of Meridian: 3. Personal Services Contract between the City of Meridian and DMH, Enterprises to provide plumbing inspection Meridian City Council September 26, 2006 Page 8 of 28 services and plan reviews for structures constructed within the City of Meridian: 4. Personal Services Contract between the City of Meridian and Harold's Electric. Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian: 5. Personal Services Contract between the City of Meridian and Greene's Fire Protection & Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian: Wardle: Thank you. Item B contracts, which I will read I Meridian, Item 1, Whitman Enterprises. Item 4, Haroli Protection & Safety Services, Len, if you would. is Public Works Department. Before you are each of the y title. Personal Services contract between the City of � Associates, Inc. Item 2, RIMI, Inc. Item 3, DMH 's Electric, Incorporated. And Item 5, Greene's Fire Incorporated. And I'm going to address any questions to Grady: Mr. President, Bruce Freckleton has put these contracts together. Basically, they are a carryover from last year's same percentages, same stipulations as far as services. So, it's really just a pass through. I'm available for general questions. If we need to get more details we will have to wait for Bruce next week. He turned up sick today, so -- Wardle: Thank you, Len. We have discussed in the past making some changes to these arrangements. I believe those things are -- those are things that the department is considering for next fiscal year; is that true? Grady: That's correct. Wardle: Okay. Council, questions for Len or potentially the legal department on any of these contracts? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Question for legal counsel. You have reviewed these contracts? Nary: Mr. President, Members of the Council, Councilmember Rountree, yeah, these are the same agreements we have previously approved. So, yes. Rountree: Thank you. If there is no further questions, Mr. President, I move that we authorize and move forward with the personal services contracts in Item 6-B. One, Meridian City Council • September 26, 2006 Page 9 of 28 Whitman & Associates; two, RIMI, Inc.; three, BMH Enterprises; four Harold's Electric; and, five, Greene's Fire Protection & Safety Services. Bird: Second. Wardle: It's been moved and seconded to approve contract extensions for the city and the building department. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Parks Department — Doug Strong 1. Award of Bid / Approve Budget Amendment for Adventure Island Splash Pad to Haemker General Construction, Inc. Wardle: Item 6-C is the Parks Department. Mr. Strong. Strong: Thank you, Mr. President, Members of the Council. I'm back before you tonight -- as you recall, I think it was back in August of -- I had before you our first bid on the construction of the Adventure Island splash pad. The recommendation was to deny that bid and rebid it, which you approved. We have successfully rebid the project and it doesn't show on the form that you received earlier, but we -- the earlier bid was 214,000 dollars. This -- the low bid the second time around was 183,340, which is a 57,660 dollars savings from the first bid and, essentially, the difference was the time frame to complete the project. And so that's -- that's one of the first items that I want your consideration on tonight is awarding the bid to install the equipment that we have already purchased to build this splash pad and, then, the second part is to amend our budget to fund the difference between what we currently have left in that line item and what it would take to finish the project. And just for the clarification, as we move -- when we first budgeted this project we designed it for a fresh water system. As we got further into the project the decision was made that we needed to build it with a recirculating system for water conservation issues. That added about 60,000 dollars to the cost of the project. So, that's, essentially, the difference that we are looking at in this budget amendment request from -- even with the rising costs of construction and so forth, so -- and as you will see on your notes also, that in July the architect's estimate was that the bid would come -- should be around 174,000. So, it seems like a very responsive bid or a reasonable bid and we would like to get it funded and underway. So, with that I'm open for questions. Wardle: Thank you, Mr. Strong. Council, questions for the director? Borton: Mr. President? Meridian City Council September 26, 2006 Page 10 of 28 Wardle: Mr. Borton. Borton: Doug, what's changed on the timeline with the new bid? Is it going to be a slower installation? Strong: Yes. At this point, since we are not really looking at a summer season to make it viable that I think the extension was out through May of next year to complete. The construction will begin this fall and as much work will be accomplished as the weather will permit and, then, with completion in the spring. And if you have been out there you will see other work going on around that playground as well. Some groundwork to bring landscaping into pretty much grade for this project, as well as a swing area that's being installed. So, there is quite a lot of work going on this fall and we will continue that as long as the weather permits. Wardle: All right. Thank you, Doug. I'd like to commend the Parks Department for having the foresight to go back and actually rebid this project and understanding that we would have liked to have it before this summer season, but I think in the end we saved some dollars and will get, in my opinion, probably a nicer project out of it for what we are getting. So, with that, Council, I would need one motion to award the bid and another to approve a budget amendment to complete this project. Borton: Mr. President? Wardle: Mr. Borton. Borton: I move we approve and award the bid for the Adventure Island splash pad to Haemker General Construction. Rountree: Second. Wardle: It's been moved and seconded to approve the bid. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Borton: Mr. President? Wardle: Mr. Borton. Borton: I move we approve a budget amendment for the completion of the installation of the Adventure Island splash pad in the amount of 86,500. Rountree: Second. Meridian City Council S September 26, 2006 Page 11 of 28 Wardle: It's been moved and seconded to approve a budget amendment for 86,500 dollars. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: Wardle: Item 7. There were no items moved from the Consent Agenda. Item 8: FP 06-042 Request for Final Plat approval for 12 commercial building lots on 3.77 acres in an L -O zone for Sundance Subdivision No. 5 by Dave Evans Construction — Northeast Comer of West Ustick Road and North Meridian Road: Wardle: Item No. 8 is FP 06-042, final plat for Sundance Subdivision No. 5. I'll open with staffs comments. Hood: Thank you, Mr. President, Members of the Council. We do have a letter from the applicant stating that they are in full agreement with the conditions of the final plat staff report. Wardle: Council, questions for staff? Bird: I have none. Rountree: I have none. Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we approved FP 06-042. Rountree: Second. Wardle: It's been moved and seconded to approve Item No. 8. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Tabled from August 22, 2006: Public Hearing: VAR 06-017 Request for a Variance for a right -in only access from Eagle Road to Sadie Creek Meridian City Council September 26, 2006 Page 12 of 28 Promenade for Sadie Creek Promenade by Landmark Development Group, LLC — Southwest comer of Eagle Road and Ustick Road: Wardle: Item 9 has asked to be withdrawn by the applicant. Mr. Nary, do we need a motion to accept that withdrawal? Nary: Mr. President, Members of the Council, yes. And just to give you some background, if you recall, we left that on awaiting the decision from ITD on -- regarding this particular property. The Bienville one was set over because they had some paperwork to complete on that, but it was approved. What the Council had recommended for approval was approved by ITD, so they no longer need this access. Wardle: Thank you. Council? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we withdraw Item No. 9 from the agenda. Bird: Second. Wardle: It's been moved and seconded to accept withdrawal of Item No. 9. Mr. Clerk, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from August 22, 2006: AZ 06-028 Request for Annexation and Zoning of 4.43 acres to an R-15 (Medium High -Density Residential) zone for Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: Item 11: Continued Public Hearing from August 22, 2006: PP 06-028 Request for Preliminary Plat approval of 2 residential lots (proposed to contain 48 Multi -Family units) and 2 common lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: Item 12: Continued Public Hearing from August 22, 2006: CUP 06-021 Request for Conditional Use Permit approval to construct a multi -family development consisting of 48 multi -family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone Touchstone Place Subdivision by Horizon Development —1187 East Fairview Avenue: Meridian City Council • September 26, 2006 Page 13 of 28 Wardle: Thank you. Items 10, 11 and 12 are continued public hearings from August 22nd for Touchstone Place Subdivision. I will begin with staff comments. I believe we asked for some specifics on a legal matter, if that's correct. Hood: That's correct. Mr. President, Members of the Council, this -- these items were before you on the 22nd of August. The matter was continued out primarily due to a boundary -- a property line dispute. One of the adjacent neighbors claimed they did not receive adequate notice from the city. That was one of the factors. I think there were some other questions that arose during that Public Hearing. I do have some updated information for you. There was a letter that the city received on September 21 st from Meuleman Mollerup, the attorneys for the applicant, and, essentially, what it says, just to paraphrase that -- I think this visual was at the hearing last time. The properties -- the areas in dispute are in between the red and the green lines on both sides of this property. The subject property is -- kind of goes around visual of that property. What the applicant has proposed to do is not include anything that's being disputed and, in fact, they are willing to convey that to the adjacent property owner to just say we wash our hands of this problem. I did talk with Bill Nary today and, really, the only concern I think that staff has with that approach is if this parcel does not want to accept that property, then, you have a spite strip enclave that may hang out there forever, a piece of county ground in the middle of our city. So, that would be the only -- the only concern that we still have -- at least staff still has with that approach. However, it's the easiest approach for the applicant to get through the process. Mr. Nary may have some language for you should you decide to approve this project, stating that the applicant must give consent to annexation in the future and that way we can -- if no one picks it up we can just annex the property and, you know, they will still own it and be a part of this project and at least it gets annexed into the city with a zone, rather than having to -- consensual annexation into the city. I don't know if Mr. Nary wants to chime in on that. The other -- the other item, I guess, that I would call to your attention regarding this project is we did receive an e-mail from Mr. Joe Silva, from the fire department, asking that the requirement for the third access point, which is condition 3.17 in Exhibit B, be deleted, as it is not necessary for this project and, then, to clarify in condition 3.16 that the westerly driveway will need to be widened to 26 feet, rather than the 25 feet as that building is taller than would be allowed with a 25 foot wide drive aisle. Again, that property boundary dispute and allowing the attorney for the adjacent property owner to come to a hearing were primarily why this matter was pushed over to tonight. I will stand for any other questions you may have. Wardle: Thank you, Caleb. Council, questions for planning staff? Rountree: I have none. Wardle: Does legal staff have any additional -- Nary: Mr. President, Members of the Council, I think we can probably resolve those issues of that sliver in a DA and simply -- the only two things we really would need from the applicant is a legal description of that parcel, so that way if it is a remainder parcel Meridian City Council • September 26, 2006 Page 14 of 28 and remains in their ownership and isn't transferred, then, they would be consenting to that being annexed into the city. I think their intent is to give up ownership and I believe that's probably going to happen, but in case it doesn't, we don't need a three foot wide strip of weeds right there on Fairview. So, we just want to have some assurance that we can annex it if that's what it remains. Wardle: Thank you, Mr. Nary. Council, additional questions for staff? Rountree: Not at this time. Bird: I have none. Wardle: Is the applicant present? Will you, please, state your name and address for the record, please. Briggs: My name is Dean Briggs. Briggs Engineering. 1800 West Overland Road. I thought I'd come and shed just a little light on the annexation process on this. The legal parcel that they are purchasing would include the area that we want give up and we are proposing that we go ahead and annex that parcel, so that -- and, then, work out some -- the lot line adjustment or property line adjustment with these people to the west. It's my understanding that property has sold. I haven't seen the -- to a commercial venture also. So, as it stands now, we'd like to go ahead and annex the entire piece, because it's one parcel, we don't want to annex just part of it and make it two parcels and, then, we will develop our project in such a fashion that it doesn't affect that piece to the west and when the lot property line adjustment comes in with the parcel to the west, they will incorporate that into their commercial project. So, is that kind of clear? Wardle: Thank you. Council, questions for the applicant? Bird: I have none. Rountree: No. Briggs: And as far as Mr. Silva's comments, we appreciate that. Wardle: Thank you. Briggs: Do you have any questions? Rountree: No. Thanks, Dean. Wardle: This is a Public Hearing. If there is anyone else that would wish to provide testimony? Seeing none, Council? Bird: Mr. President? Meridian City Council • September 26, 2006 Page 15 of 28 Wardle: Mr. Bird. Bird: I move we close the public hearings on AZ 06-028, PP 06-028, and CUP 06-021. Rountree: Second. Wardle: It's been moved seconded to close the public hearings on Items 10, 11 and 12. All in favor? MOTION CARRIED: ALL AYES. Wardle: Thank you. Mr. Nary, just a quick question. The development agreement would be able to address the issues that the applicant has stated? Nary: Mr. President, Members of the Council, yeah, I don't -- unless Mr. Hood has a concern, I don't have a problem with us annexing the entire parcel. If they sell it and want to severe it, then, they are going to have to go through a process to do that and that portion still is within the city. I don't know if Mr. Hood has a different concern, but I don't have a problem with that. Hood: My only concern is that the engineering firm, Mr. President, Members of the Council, the engineering firm who, no offense to Councilman Borton, but he being more on the survey side versus -- I guess the letter from the attorney's office says that: Please note that the boundary description of the proposed subdivision before the City Council does not include the disputed property, nor does it include the other potential overlap of the property. So, there is -- we have got some conflicting testimony here. Briggs Engineering is saying it's not included -- or is included in the annexation. The letter from their attorney says that it isn't included. So, I don't know what the legal description says. I haven't reviewed it, but I do see it -- either way we are okay, I guess, but -- Nary: Mr. President, Members of the Council, as long as what you're annexing and what the DA would reflect that we are annexing property that they own -- if there is a dispute over the ownership, I think that was -- when I spoke to Mr. Mollerup that's what I had understood was what he put in this letter was that they were going to not -- not annex that portion of the property today, but if that's their desire, that's fine. I mean we can annex it and still resolve that under the development agreement or not annex it and resolve it in the development agreement. We can do either one, if that's the Council's desire, but we are going to annex what they own and that's fine. If we need to adjust that at some point we can do that. If they need to sever that parcel later, they can do that through the process. So, we can take care of that either way. Wardle: Thank you. Borton: Mr. President? Meridian City Council • • September 26, 2006 Page 16 of 28 Wardle: Mr. Borton. Borton: Question for legal Council. So, the specific description within the application isn't dispositive of what's being annexed then? By way of example, if the description listed the western most line, would that potentially meet that strip outside of the -- Nary: Well -- and that -- Mr. President, Members of the Council, Councilmember Borton, I mean I guess that's -- that's what I had understood from their counsel was that that section of the property, what is I think the pink line on there or the red line on there, was the portion that was going to be left out and that's why the development agreement should reflect -- we need a property description of that little sliver. Now, what Mr. Briggs is saying is we are just going to annex the entire parcel. If they believe they own the entire parcel, as far as we can tell we think they do, too. The dispute is by the neighboring property owner and that's, again, not an issue for us, that's an issue for them to work out. As far as we can tell from the assessor's map, they own all of those -- that parcel. So, either one of those outcomes we can deal with. If they do own it, which we think they do, we can annex the whole thing. If they want to leave a portion out, all we would want is a description of that parcel and a consent to annex it if it remains in their possession. If it gets sold and severed off to somebody else, there will be a process to do that. Borton. Okay. Wardle: Council, additional questions? Clarification? I would entertain a motion on Item 10. Nary: I don't know if he has anymore rebuttal, Mr. President. Since we have had some more discussion on the record, I don't know if he has anything else as the final work here. Oh, I'm sorry -- Wardle: We need to reopen the Public Hearing. Nary: I didn't realize that. I don't know -- do you think there is anything you need to tell Mr. Hood? Wardle: If I could entertain a motion to reopen the Public Hearing. Borton: Mr. President? Wardle: Mr. Borton. Borton: Move we reopen the Public Hearing on Items 10, 11 and 12. Wardle: Thank you. It's been moved and seconded -- I'll second that. So, it's been moved and seconded to open the Public Hearing. All in favor? Meridian City Council • September 26, 2006 Page 17 of 28 MOTION CARRIED: ALL AYES. Wardle: Sir, if you will, please, come forward and state your name and address again. Briggs: Dean Briggs. 1800 West Overland Road. What we are doing is because there is a legal parcel there, we figure we have to annex the entire legal parcel. When we subdivide we will exclude that parcel as either just a non -buildable lot or just exclude it. And, hopefully, we will get the property line adjustment done before we do that plat, which would be the best of all worlds. But we do want to annex the entire portion, because that's a legal lot and the attorney's own surveyor filed a record of survey telling us that that was a parcel, the parcel we are buying. So, that's where we are at. Wardle: Thank you. Council, additional questions for the applicant? Bird: I have none. Wardle: Before we entertain a motion to close the Public Hearing, I'm going to ask if there is anymore testimony to be given on any of these applications. Staff, any additional comments? Okay. I would entertain another motion to close the public hearings. Bird: I move we close the public hearings on Items 10, 11 and 12. Borton: Second. Wardle: It's been moved and seconded to close the public hearings on Items 10, 11 and 12. All in favor? MOTION CARRIED: ALL AYES. Borton: Mr. President? Wardle: Mr. Borton. Borton: I move we approve Item 10, AZ 06-028, to include staff and applicant comments and incorporate legal counsel's directions in the development agreement. Bird: Second. Wardle: It's been moved and seconded to approve Item 10. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council • September 26, 2006 Page 18 of 28 Wardle: Item No. 11. Borton: Mr. President? Wardle: Mr. Borton. Borton: I move we approve Item No. 11, PP 06-028. Bird: Second. Wardle: It's been moved and seconded to approve Item 11. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Wardle: Item No. 12. Borton: Mr. President? Wardle: Mr. Borton. Borton: I move we approve Item No. 12, CUP 06-021. Bird: Second. Wardle: It's been moved and seconded to approve Item 12. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from September 19, 2006: AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: Item 14: Continued Public Hearing from September 19, 2006: PP 06-029 Request for Preliminary Plat approval of 29 single-family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: Meridian City Council • September 26, 2006 Page 19 of 28 Wardle: Thank you. Item Nos. 13 and 14 are continued public hearings from September 19th, last week. I will open these and begin with staff comments. Hood: Thank you, Mr. President, Members of the Council. Just a quick refresher. We are on the south side of McMillan Road, east of Meridian Road. There are two five acre parcels that are proposed for annexation and subdivision within the city. Twenty-nine single family homes are proposed here. The main reason that this was continued, as you recall, Havasu Creek, which is to the west and south of the subject site, with their preliminary plat and final plat approval, a cross -access -- 50 foot wide cross -access ingress -egress easement was provided to the subject site. The question arose of how come it was a cross -access easement and why wasn't it a 50 foot wide public street stub to this property. What staff has found out over the past week was that there was -- the owner of the house lot at that time did not want to see a street constructed through their backyard. City staff at that time recommended that it be amended from a public stub street to just be a cross -access easement at that time. That's how it was final platted. Now, the intent, I think, was that it would be a public stub street or a public street in the future. The problem with that is that you have got the width of that lot that's not constructed as a public street by the Havasu developer, nor were they supposed to construct that at the time of their development. It was probably an error on the city's part, although the error wasn't between preliminary and final plat, as maybe was alluded to in the previous discussion, it was something that was brought up and discussed at the Planning and Zoning Commission and Commission agreed that it could just be an access at this time and they did not want to see that public street stubbed to this gentleman's backyard either. The stub street would, obviously, you know -- at least at the staff level we preach interconnectivity all the time, so from my perspective it would be ideal to have it extended. The problem, again, is that you don't have a public street extending to a public street. So, therein lies the problem. We did meet with the homeowners association who owns the property underlying this access easement and they were not favorable to giving up that access easement to ACHD for a street. They were pretty concerned about cut -through traffic and safety concerns with the kids in the area if that road were to be pushed through. We talked with ACHD as well about possible condemnation or anything they could do to help us out to get that 50 foot wide easement actually into public property and the basis for that just is not there in this case. So, that's pretty much what I found out over the past week talking with some other staff members, reviewing minutes and whatnot. So, that's the update I have for you and if you have any questions I will try to answer them. Wardle: Thank you. Council, I believe that was the issue we were looking at. Do we have -- Rountree: Surprise. Surprise. Wardle Maybe not the answer we were hoping we would find, but -- additional questions that we might have of staff? Rountree: I have none, nor of the applicant. Meridian City Council • September 26, 2006 Page 20 of 28 Bird: Me neither. Unless the applicant has -- Wardle: Is the applicant present and would like -- okay. Thank you. Borton: Mr. President? Wardle: Mr. Borton. Borton: I guess a question of legal counsel is a couple specific choices whether or not we want to take any -- is there any other, counsel? Nary: Certainly, Mr. President, Members of the Council, Councilmember Borton, I mean you have a couple different choices that you could make. I mean one option you could certainly do is deny this access -- deny this particular request for annexation and the plat, because the connectivity isn't present. That's certainly an option that you have and it would be, then, incumbent on the applicant to go and resolve those issues with the Copper Basin people. Another is that you can require -- because there is an easement there, there is an issue that's problematic, is that the Copper Basin Subdivision has built a wall across what is platted on their plat as an ingress -egress easement. So, there is an easement that exists there today that has been blocked by their masonry wall that goes across it. They should be required to remove it if you want that easement to remain. You can require this applicant, as part of their approval, that they remove the wall and construct a roadway there. It would only be a private roadway at this point, it may be required to be barricaded until it can be a public roadway or dedicated as a private roadway, but you can certainly require it. They have an easement there that they can be required to construct on if that's what you want as part of this -- this annexation and some notice needs to be given to Copper Basin that that wall has to be removed and to open up that access. The last is is you can allow that to happen. The long term need of the city your discussion has been over is that going to have a light at that intersection. Mr. Mills from ACHD is here, we did speak shortly before the meeting. There is no -- there is no plan in effect today to construct a light at that particular section. It's a natural place to put a signal at some point in the future and there may be a need to put it in at some point in the future, but there is not a plan in the works today to do that. There is a circuitous route to get to that light, if you notice if you go back east from this particular parcel there is a road stub below there where it says Red Rock, that can allow access all the way back around. Again, I don't know if most people are going to drive that way, but it certainly is some connectivity. I think it's your folks' call. Obviously, you don't have to require the access, you can allow it to remain the way it is. My only other recommendation, if that's -- if that's your decision, then, at some point you may want to vacate the easement that's already there, because there is not much point to having an easement that goes into a wall. You could require a stub road be built there and resolve it later. That's probably the other option. Whether that makes sense to you or not, that's your call, but you could require that this applicant stub the road to the edge of that wall and not necessarily require it to go all the way through today. So, those were a bunch of different options that you have all within your discretion to do. Meridian City Council • September 26, 2006 Page 21 of 28 Wardle: Thank you, Mr. Nary. Council? I do have two open public hearings, if we need any additional information from staff, applicant. Rountree: Mr. President, just a comment on the options that counsel presented to us. It seems to me that it makes an unfortunate situation worse the more we drag this on, so having said that, if there is no other discussion or comments, I'd move that we close the Public Hearing Items 13 and 14. Bird: Second. Wardle: It's been moved and seconded to close the public hearings on Items 13 and 14. All in favor? Borton: Mr. President? Wardle: Discussion. Borton: Just briefly. I might be in the minority here and probably am in the minority here, but to the extent there is an opportunity to create some connectivity and alleviate a wrong, I'm not quick to pass on that, so that's a concern of mine, which is why I requested some time to see what options, if any, we had. Wardle: Additional discussion on the motion? I would say from my perspective we have received as much information as we can. I would offer a potential option when we come to preliminary plat that we could still approve that and potentially look at the opportunity to continue to work with the applicant in the neighborhood to have this preliminary plat be in substantial completion at final plat stage if it can get to that point with that access, but those are my only comments. Rountree: Mr. President, as we discussed this I don't disagree with Councilman Borton. I guess I'm wondering what his feelings would be if it were possible to utilize that easement and incorporate a pedestrian way at a minimum. Then that way at least there is access for bikes and people and the Havasu Creek folks really have no recourse in that situation I wouldn't think and I don't -- and we would need to hear from the applicant if that was possible. Wardle: Well, Council, I do have a motion and a second to close the public hearings. I would suggest that we leave the public hearings open, hear from the applicant on that issue, if it is a question. Bird: Withdraw the second. Wardle: Okay. Rountree: Withdraw the motion. Meridian City Council • September 26, 2006 Page 22 of 28 Wardle: Motion withdrawn for close of the Public Hearing. Mr. Rountree, would you like to expound on -- Rountree: I guess, Mr. President, it would be a question for the applicant. Is there a possibility of lining up a pedestrian access with that easement that would provide -- I know they have one pathway to the school site to the south and I don't know what the lot sizes are, because my eyesight's not good enough to read those fuzzy numbers. It would require some reengineering, but we can hear from the applicant on the pros and cons of that. I think from a continuity standpoint you still get some inter -neighborhood continuity. Erickson: Ross Erickson, 1854 East Lanark here in Meridian. Mr. President, Members of the Council, I guess to speak towards that pathway connection to that cross -access easement, we really don't feel that it's necessary and the reason being is that we are providing a connection here to the school site and there is an existing pathway along the back of this property that goes all the way out to Red Horse. So, there is a connection through to Red Horse over to Copper Basin or Havasu Creek, whatever you want to call it. So, I guess with that we would prefer not to construct the additional pedestrian pathway, because we feel that there is already connectivity within the development. Rountree: Thank you. Wardle: Council? Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: That satisfies my curiosity. I would remake my motion to close the public hearings for Items 13 and 14. Bird: I'd second it. Wardle: It's been moved and seconded to close the Public Hearing on Items 13 and 14. All in favor? MOTION CARRIED: ALL AYES. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I would move that we approve Item 13, annexation 06-029. Meridian City Council • September 26, 2006 Page 23 of 28 Bird: Second. Wardle: It's been moved and seconded to approve Item No. 13. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I would move that we approve Item 14, preliminary plat for PP 06-029. Bird: Second. Wardle: It's been moved and seconded to approve Item 14. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, nay. MOTION CARRIED: THREE AYES. ONE NAY. Item 15: Continued Public Hearing from August 22, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects — 1777 Victory Road: Item 16: Continued Public Hearing from August 22, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: Wardle: Council, I believe last week we gave specific direction to staff in further review of issues from preliminary plat to final plat and just to put that back to Mr. Hood that these are issues that -- certainly I know planning staff is diligent about, but just to redouble our efforts to make sure that those things are at least brought to decisions -- or brought to some further discussion. With that, Council, we have Items 15 and 16, which have been asked to be withdrawn by the applicant. I would need a motion -- Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we withdraw Items 15 and 16 from consideration. Meridian City Council September 26, 2006 Page 24 of 28 Bird: Second. Wardle: It's been moved and seconded to withdraw Items 15 and 16. Mr. Clerk, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Continued Public Hearing from September 19, 2006: MI 06-007 Request for Modification of the Development Agreement for Cherry Lane Christian Church for removal of the Conditional Use Permit requirement for construction north of Ten Mile Creek by Cherry Lane Christian Church — northwest comer of West Franklin Road and North Ten Mile Road: Wardle: Item No. 17 is a continued Public Hearing from September 19th, MI 06-007. 1 will open with staff comments. I believe that the questions of staff were related to consolidation of access points. Hood: That is correct, Mr. President, Members of the Council. This site is located on the northwest comer of Ten Mile and Franklin. It was approved this last year with a C -N zoning for a church and some accessory uses on the church site. They applied -- the subject application is asking to amend the development agreement in effect for this site on the triangular portion that they own on the north side of the Ten Mile Creek. So, this area here they are trying to remove that requirement for condition use permits prior to construction or establishment of any new uses. As the president just alluded to, the questions of access points came up at the last meeting. As you can see on their site plan there are three access points to Ten Mile Road north of the Ten Mile Creek, the northerly one being to a future city well site, the middle one primarily serving as the access to the gazebo park area for the church and, then, the southern most access -- right here, I believe, is for a bus and maintenance storage area. We did receive some comment today from Gary Inselman at ACHD. Len met with a representative from BRS last week to talk about consolidating access points or not consolidating access points. I'll let Len maybe talk a little bit about that meeting. I will summarize just real quick the e-mail that we received from Gary. It says if the city wants to reduce the access points, ACHD would prefer the city well lot take access from the church parking lot. If the city needs a driveway of their own, ACHD would prefer that it not connect to the church parking lot. The southern driveways that serve the bus storage area is proposed to be gated and not connected to the parking area. If that is the case, ACHD would not object to this driveway being constructed, with the condition that it be gated and the gate located 50 feet behind the future curb of Ten Mile Road. I did also want to note, ACHD did review this concept plan at the time of annexation. However, they did not provide specific conditions, because it was just an annexation. They will not provide comments until it's a development application and it generates trips. Until it generates trips they are just comments. They did review and approve these access points and we rolled Meridian City Council September 26, 2006 Page 25 of 28 those into the DA also in effect. So, if you decide you want to consolidate an access or three into one or whatever, that will need to be directed towards our legal staff to make that amendment as part of any other amendments, I guess, to the DA you decide to make. So, I think I will tum it over to Len real quick and if you have any questions for me I will be here as well. Wardle: Thank you, Caleb. Len. Grady: Mr. President, Members of the Council, I did meet with the applicant. Primarily my purpose was to discuss the well lot and access to that. In order of preference, I think my recommendation would be to continue to have the access to the well lot, but bollard it off and what that will allow us to do is if we do have to get a drill rig there in the future, we are not having to contend with the parking lot traffic. So, on a day-to-day basis we would just take our access through a cross -access easement through the church. If that's not acceptable, we are also fine with just taking all of our access through the -- through the church parking lot. In the future if we need to, we will just have to figure out how to get the heavy equipment through the parking lot. So, we are okay either way. Wardle: Thank you, Len. Council, questions for staff? Is the applicant present? I do have a question, Len. Was the applicant in agreement with the bollard situation? Grady: Yes. Wardle: Okay. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Since I created this issue, Len, I understand where you're coming from, but ACHD has indicated that if the city so chose, the sole access to that future well lot would be not interconnected with the parking lot. Is that better for the city? Because, obviously, it's not a high volume move, it's something that could be done during the nonpeak hours, et cetera. I understand your desire to maybe listen to what I was saying, but I was just trying to see are there better answers. If the best thing for the city is to have the sole access in there, then, I don't have a problem with that. If ACHD has indicated what setbacks ought to be and particularly with the bus access and parking lot access, so -- Grady: On the scale of -- yes, ideally we would have sole access. ACHD has indicated that if we have access direct to our well site, that we not allow cross -traffic to go through the parking lot and we are certainly fine with that. We are probably talking about five trips a week on a -- three to five is on average. So, it's not -- certainly not a large volume. Meridian City Council September 26, 2006 Page 26 of 28 Rountree: And, Mr. President, I would assume that site's going to be fenced for security reasons, possibly gated? Grady: It's yet to be determined if -- certainly we can fence it if -- if required. A lot of these well sites that we have at parks and similar are open, because there is enough eyeballs on it to make sure that it's secure. If you think it should be fenced, we will fence it. Rountree: Well, I'm just asking to make sure that if, in fact, we go with the sole access, that there is sufficient room to get off the road and out of traffic and across the sidewalk to get a vehicle stopped and a gate opened and, then, into the site. So, that would be my only concern, would be safety. Grady: Got you. I would expect that early on we would not have it fenced or gated, we just take direct access and, then, insure that no cross -traffic goes through to the parking lot. Rountree: Thank you. Wardle: Thank you, Len. Council, I guess my opinion on this is that certainly it's a great goal to try to consolidate accesses. It seems in this specific instance it serves the needs of the city to follow staffs recommendation and remembering that we are in a -- even though this is a private development, it is certainly an amenity -- more of a park and an open space and probably functions very similar to one of our city parks. We do have an open Public Hearing. Is there anyone who would wish to testify on Item 17? Rountree: Mr. President, I don't see anybody jumping up, so I would move that we close the Public Hearing on Item 17. Bird: I would second it. Wardle: It's been moved and seconded to close the Public Hearing on Item 17. All in favor? MOTION CARRIED: ALL AYES. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I would move that we approve the development agreement request MI 06- 007 on Item 17 and include in the development agreement the recommendations made by ACHD as it related to gating and setbacks for the bus access and the sole access point without cross -access to other parking areas for the city's future well site. Bird: I would second that. Meridian City Council September 26, 2006 Page 27 of 28 Wardle: It's been moved and seconded to approve Item 17. And just for clarification, that is to approve the already commented on three access points. With that clarification I will ask the clerk to call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 18: Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency) and (f) — (to consider and advise its legal representatives in pending litigation): Wardle: Item 18 is Executive Session per Idaho State Code 67-2345(1)(c) and (f). Bird: So moved. Borton: Second. Wardle: So moved and seconded to adjourn into Executive Session. Rountree: Mr. President, just an item of discussion -- and I see before me information that we have fairly frequently, but the numbers are coming down on the delinquency list. Is there a reason for that? And my question goes to Len, if he knows, before we adjourn. Because he probably won't be here when we get back. Grady: I don't know, but I will sure -- I will sure research it and get you an e-mail. Rountree: Because they have been as high as 90,000 dollars. In the last few months they have been in the ten to 12 thousand dollars. So, maybe we just check in the books more often. Wardle: Well -- and it's good to see those numbers come down. Nary: Mr. President? Wardle: Mr. Nary. Nary: Yeah. I mean I think part of the reason for that is a much more refined system of how it's being done, as has been done in the past, and I think has improved the compliance measure as well. And so I think there has been a lot of effort on the finance department and utility billing to bring those numbers down and to be more reflective of some accurate accounting and billing practices, so -- Meridian City Council September 26, 2006 Page 28 of 28 Rountree: Mr. President, my compliments to staff. That's a significant change in cash flow. An important item for the city. So, a job well done. Wardle: Thank you. We have a motion to adjourn into Executive Session. Mr. Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Wardle: Council, I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. Wardle: It's been moved and seconded to adjourn out of Executive Session. All in favor. MOTION CARRIED: ALL AYES. Wardle: That brings us to the end of our regularly scheduled agenda. Council I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. Wardle: It's been moved and seconded to adjourn. All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:19 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVE M YOR Y DE WEERD Teo ',DATE APPROVED -ATTESTED L -IAM G. BERG JR., CITY CLERK 0 0 September 22, 2006 VAR 06-018 MERIDIAN CITY COUNCIL MEETING September 26,2W6 APPLICANT Red Cliff Development ITEM NO. S-A REQUEST Findings for Approval -- Request for a Variance for full access to Bienville Square Subdivision from State Highway 55 for Bienville Square Subdivision - 2539 North Eagle Road 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: COMMENTS See attached Findings OTHER: See attached Comments from Betty Rossow Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefts shall become properly of the City of Meridian. September 22, 2006 VAR 06-019 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Big River, LLC ITEM NO. S -B REQUEST Findings for Approval -- Request for a Variance approval for removal of the sidewalk requirement along Larkwood Place for Cardigan Bay Subdivision -- 5450 and 5500 Larkwood Place AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted. Date: 2,1L Phone: ® 9d-6 Emailed: eS - r-` 7� 7 Sta'k Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED SEP 2 i( 2006 4ty Meridian erk mice Buz, In the Matter of the Variance request to UDC 11 -3A -17D to not require a sidewalk along N. Larkwood Place in Cardigan Bay Subdivision, by Big River, LLC. Case No(s). VAR -06-019 For the City Council Hearing Date of. September 12, 2006 (Findings approved on September 26, 2006) A. Findings of Fact 1. Hearing Facts (See attached Staff Report for the hearing date of September 12, 2006, incorporated by reference) 2. Process Facts (See attached Staff Report for the hearing date of September 12, 2006, incorporated by reference) 3. Application and Property Facts (See attached Staff Report for the hearing date of September 12, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (See attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 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. Any conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-019- PAGE I of 3 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 proposal is allowed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a Variance to UDC 11 -3A -17D to not require a sidewalk along N. Larkwood Place in Cardigan Bay Subdivision is approved with no changes to the staff report. See the Staff Report for the hearing date of September 12, 2006, for more information. D. Attached: Staff Report for the hearing date of September 12, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-019- PAGE 2 of 3 r 0 By action of the City Council at its regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED__O � COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_$ COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED ATTEST: i ® - 13AL WILLIAM G. BERG, JR., cul, QLE Copy served upon: Applicant //err- nrni Planning Department t/',PblicuWorks Department ity Attorney By: Dated: q- �n- o u i Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -06-019- PAGE 3 of 3 CITY OF MERIDIAN PLANNING WONING DEPARTMENT STAFF REPORT FOR HEA DATE OF SEPTEMBER 12, 2006 STAFF REPORT City Council Hearing Hearing Date: September 12, 2006 TO: Mayor and City Council FROM: Sonya Watters, Assistant City Planner SUBJECT: Cardigan Bay Subdivision Variance C Wie, rid v kP IDAHO i 5r 5. Request for a variance to UDC 11 -3A -17D to not require a sidewalk along N. Larkwood Place in Cardigan Bay Subdivision, by Engineering Solutions, LLP (File #VAR -06-019). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting a variance from Section 11 -3A -17D of the Unified Development Code (UDC), which requires sidewalks on both sides of the street. The applicant's justification for the variance is outlined below. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject Variance application (VAR -06-019) for the reasons listed herein. We find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). 3. PROPOSED MOTION (to be considered after the public hearing) Update Approval After considering all staff, applicant and public testimony, I move to approve File Number VAR - 06 -019 as presented in the staff report for the hearing date of September 12, 2006. Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR -06- 019 as presented in the staff report for the hearing date of September 12, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR -06-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5450 and 5500 N. Larkwood Place SE %, Section 30, Township 4N., Range IE. b. Owners David M. and Rebecca S. Callister 2873 W. Wind Drive Eagle, ID 83616 c. Applicant: Big River, LLC (David M 2873 W. Wind Drive Eagle, ID 83616 and Rebecca S. Callister) Cardigan Bay Sub Variance VAR -06-019 PAGE 1 CITY OF MERIDIAN PLANNING ALNING DEPARTMENT STAFF REPORT FOR HEA DATE OF SEPTEMBER 12, 2006 d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: R-2 and R4 f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting a variance from UDC 11 -3A - 17D, which requires sidewalks on both side of the street, to be allowed not to construct a sidewalk along N. Larkwood Place. h. Applicant's Statement/Justification: "During the neighborhood meeting and hearing process, existing neighbors, along with Ada County Highway District, voiced concern over constructing a sidewalk on N. Larkwood Place, as the existing street is contructed as a rural road section and does not contain sidewalks. The project was approved without sidewalk. Staff requested that a formal variance application be submitted for approval." 4. PROCESS FACTS a. The subject application will in fact constitute a variance as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11- 5A-1), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: August 21 and September 4, 2006 c. Radius notices mailed to properties within 300 feet on: August 18, 2006 d. Applicant posted notice on site by: September 2, 2006 5. LAND USE a. Existing Land Use(s): Rural residential property b. Description of Character of Surrounding Area: Single family residential c. Adjacent Land Use and Zoning 1. North: Proposed Madelynn Estates Subdivision, zoned R-4. 2. West: Larkwood Subdivision, zoned RUT (Ada County). 3. South: Larkwood Subdivision, zoned RUT (Ada County) and proposed Tustin Subdivision, zoned R-4. 4. East: Rural residential property, zoned RUT. d. History of Previous Actions: AZ -06-010, PP -06-008 6. UNIFIED DEVELOPMENT CODE The following UDC section(s) are pertinent to this application: a. UDC 11 -3A -17D: Sidewalks and Parkways: "Sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side of the street may be allowed." 7. ANALYSIS 9.1 The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed Cardigan Bay Sub Variance VAR -06-019 PAGE 2 CITY OF MERIDIAN PLANNING A*ONING DEPARTMENT STAFF REPORT FOR HEA1* DATE OF SEPTEMBER 12, 2006 in the district: Staff fmds that Larkwood Subdivision , the rural residential subdivision to the west and south of the subject property, was developed in Ada County with access provided from N. Larkwood Place. Larkwood Place provides access to 6 lots that are part of this development. North Larkwood Place is a paved local roadway that was not required to be improved with curb, gutter or sidewalks. Cardigan Bay Subdivision was approved by City Council without a sidewalk for those lots taking access on the east side of N. Larkwood Place. As part of that approval, the City required that the Applicant obtain a variance from UDC 11 -3A -17D, which requires sidewalks to be installed on both sides of the street, prior to approval of the final plat. Because the rest of Larkwood Place does not currently (nor will likely ever) have sidewalks, staff finds that the granting of the variance shall not grant a right or special privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; North Larkwood Place was constructed without sidewalks and Council amended the condition of the preliminary plat requiring installment of sidewalks along Larkwood Place because the existing residents did not want sidewalks and Ada County Highway District (ACHD) did not require them. Due to this, staff fmds that the granting of the variance shall relieve an undue hardship because of characteristics of the site and the desire of the existing residents to maintain a more rural atmosphere in their neighborhood. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff fmds that allowing this subdivision to be constructed without a sidewalk adjacent to N. Larkwood Place will not be detrimental to the public health, safety, and/or welfare. 8. EXHIBITS A. Required Findings from UDC (Variance) Cardigan Bay Sub Variance VAR -06-019 PAGE 3 CITY OF MERIDIAN PLANNING )OONING DEPARTMENT STAFF REPORT FOR HEAR DATE OF SEPTEMBER 12, 2006 Exhibit A: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the followingfindings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds that Larkwood Subdivision , the rural residential subdivision to the west and south of the subject property, was developed in Ada County with access provided from N. Larkwood Place. Larkwood Place provides access to 6 lots that are part of this development. North Larkwood Place is a paved local roadway that was not required to be improved with curb, gutter or sidewalks. Cardigan Bay Subdivision was approved by City Council without a sidewalk for those lots taking access on the east side of N. Larkwood Place. As part of that approval, the City required that the Applicant obtain a variance from UDC 11 -3A -17D, which requires sidewalks to be installed on both sides of the street, prior to approval of the final plat. Because the rest of Larkwood Place does not currently (nor will likely ever) have sidewalks, staff finds that the granting of the variance shall not grant a right or special privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; North Larkwood Place was constructed without sidewalks and Council amended the condition of the preliminary plat requiring installment of sidewalks along Larkwood Place because the existing residents did not want sidewalks and Ada County Highway District (ACHD) did not require them. Due to this, staff finds that the granting of the variance shall relieve an undue hardship because of characteristics of the site and the desire of the existing residents to maintain a more rural atmosphere in their neighborhood. C. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing this subdivision to be constructed without a sidewalk adjacent to N. Larkwood Place will not be detrimental to the public health, safety, and/or welfare. 0 September 22, 2006 AZ 06-034 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT David N. Price ITEM NO. 5-C REQUEST Findings for Approval -- Request for Annexation and Zoning of 2.95 acres from R4 to L -O zones for Ashtyn Park Annexation -- 201 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: A14TALDate: Phone: Emailed: OL) e � U , (Z001 Staff Initials: 49 Materials presented at public meetings shall become property of the City of Meridian. i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER nECEIVED 3EP 2 woos CiO eridian 4K k Office fiR`ts may" In the Matter of Annexation and Zoning of 2.95 acres from R4 (Ada County) to L -O (Limited Office District), by David Price, for Ashtyn Park. Case No(s). AZ -06-034 For the City Council Hearing Date of: September 12, 2006 (findings approved on September 26, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof, The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-034- PAGE 1 of 3 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the Development Agreement Provisions listed in Exhibit D of the attached Staff Report for the hearing date of September 12, 2006 incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet all applicable requirements of the application approval. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicants request for Annexation is approved subject to the provisions listed in the attached Staff Report for the hearing date of September 12, 2006 incorporated by reference. D. Attached: Staff Report for the hearing date of September 12, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-034- PAGE 2 of 3 0 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE Kell] Z lei_10ray u 1 : 114 1 . : I: t TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR. Copy served upon: LIM City Clerk's Office • Z� day of VOTED__6k�-- VOTED VOTED_V, VOTED`-' VOTED 0 t��rrtr rr► �/ �� .,AAA \ � d CLK SIAL Applicant�y'�.,, �'�►VT� , ��,�``��`• Planning Public Works Department City Attorney Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-034- PAGE 3 of 3 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARING& OF SEPTEMBER 12, 2006 STAFF REPORT Hearing Date: 9/12/06 TO: Mayor & City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 eo . I [TV r1F je i1 SUBJECT: Ashtyn Park Annexation AZ -06-034 Annexation and Zoning of 2.95 acres from R4 (Ada County) to L -O (Limited Office District), by David Price. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, David Price, has requested Annexation and Zoning (AZ) approval of 2.95 acres (2.3 acres exclusive of right-of-way) from R4 (Ada County) to L -O (Limited Office District). The subject property is located on the southwest corner of Ustick Road and Meridian Road. Currently, the site is zoned R4 in Ada County and contains two homes and an outbuilding. The applicant intends to remove the existing structures, one of which is currently in the right-of-way for Ustick Road, and construct an office development. The subject property is within the Urban Service Planning Area. The applicant is not proposing any land use, development or subdivision at this time. Instead, the applicant has submitted a concept plan for how the subject property may develop, and pictures of what the future buildings will generally look like. The applicant is not proposing residential or public quasi -public zones/uses for this site, as envisioned with The Future Land Use Map. However, the City recently approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." Approval of the subject AZ application would allow the applicant to obtain an office zone. According to current City Code, personal and professional services (offices) and clinics are principally permitted in the proposed L -O zone (UDC Table 11-2B-2). The applicant has submitted a conceptual site plan of how this site may be developed with office buildings. On the submitted conceptual plan, the applicant has depicted one access to Meridian Road. The driveway is located near the south property line, approximately 400 - feet south of Ustick Road. ACHD has approved this driveway location. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning application was submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. Any comments related to the Annexation application (AZ -06-034) will be included in the Commission's recommendation to the Council. Staff is recommending approval of the Ashton Park Annexation (AZ -06-034), with a Development Agreement for this project. The Meridian Planning and Zoning Commission heard the item on August 3, 2006. At the public hearing they moved to recommend annroval. On September 12, 2006 the Meridian City Council approved this application. a. Summary of Commission Public Hearing: i. In favor: Van Elg ii. In opposition: None iii. Commenting: Lester Vogle (irrigation water concern) iv. Staff presenting application: Caleb Hood Ashtyn Park Annexation — AZ -06-034 PAGE 1 CITY OF MERIDIAN PLANNEGEPARTMENT STAFF REPORT FOR THE HEARINGIDE OF SEPTEMBER 12, 2006 v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Uses allowed on this site with the proposed zoning. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ - 06 -034 as presented in the staff report for the hearing date of September 12, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ -06- 034 as presented during the public hearing on September 12, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ - 06 -034 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 201 W. Ustick Road, on the southwest corner of Ustick Road and Meridian Road, within Section 1, Township 3 North, Range 1 West. b. Property Owner of Record: David N. Price 2291 N. Greenview Court Eagle, ID 83616 c. Applicant: David N. Price 2291 N. Greenview Court Eagle, ID 83616 d. Representative: Van Elg/Phil Hull, The Land Group, Inc. e. Present Zoning: R4/Ada County f. Present Comprehensive Plan Designation: Medium Density Residential and Public/Quasi- Public g. Description of Applicant's Request: The applicant is requesting annexation approval of 2.95 acres from R4 to L -O. h. Applicant's Statement/Justification (see Applicant's application and letter): Being surrounded Ashtyn Park Annexation — AZ -06-034 PAGE 2 CITY OF MERIDIAN PLANNIISEPARTMENT STAFF REPORT FOR THE HEARING& OF SEPTEMBER 12, 2006 and influenced by the City of Meridian, it has been a Zoning Enclave for some time. This request will bring this parcel of property into the City Limits, assign an appropriate and compatible zoning designation, and provide a clean and concise plan and elevation for the development of the site (the element that Council consider to be lacking in the previous application material)(please see Applicant's submittal letter for more information). ,-A W.Z1Zy *3S V.Xo I M a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: July 17, 2006, and July 31, 2006 (Planning & Zoning Commission hearing), and August 21, 2006 and September 4, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: July 7, 2006 (for Planning & Zoning Commission hearing), and August 18, 2006 (for City Council hearing) d. Applicant posted notice on site by: July 24, 2006 (for Planning & Zoning Commission hearing) & September 2, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are two existing homes, and other outbuildings on the subject site. b. Description of Character of Surrounding Area: The properties directly to the north (park) and west (church) are designated Public/Quasi-Public on the Comprehensive Plan Future Land Use Map. The properties to the east and south are both designated Medium Density Residential on the Future Land Use Map. The northeast comer of Ustick and Meridian is designated Office on the Future Land Use Map and were approved as a use exception to the primarily residential Sundance development. c. Adjacent Land Use and Zoning: North: Settlers Park, zoned L -O South: Single-family residence, Strasser Farms Subdivision, zoned RUT (Ada County). East: Single-family homes, Eastbrook Village Subdivision, zoned R6 (Ada County) West: Presbyterian Church, zoned R4 (Ada County) d. History of Previous Actions: In 2003, after the current Comprehensive Plan was adopted, a record of survey for a property boundary adjustment was done on Lots 3 and 4 of Strasser Farms Subdivision. Lot 4, which was 1.1 acres, became 2.3 acres (not including right- of-way) after the record of survey was done and the remainder of Lot 3 became 5.5 acres. Prior to the record of survey, all of Lot 3 was designated Public/Quasi-Public on the Comprehensive Plan Future Land Use Map, primarily because the church owned it. All of Lot 4 was designated Medium Density Residential, as there was, and still is an existing dwelling on the site. Due to the recordation of Record of Survey No. 6141, the northern half of the subject site (1.1 acres, exclusive of right-of-way) is designated Medium Density Residential on the Comprehensive Future Land Use Map, while the southern half (1.2 acres, exclusive of right-of-way) is designated Public/Quasi-Public. In late 2004, applications were filed with the City for annexation and zoning of this property to C -C (AZ -04-032), and to modify the Comprehensive Plan Future Land Use Map designation of this site to commercial (CPA -04-004). After an unfavorable recommendation from the Ashtyn Park Annexation — AZ -06-034 PAGE 3 CITY OF MERIDIAN PLANNEAPARTMENT STAFF REPORT FOR THE HEARING& OF SEPTEMBER 12, 2006 Planning & Zoning Commission, the applications for the comprehensive plan map amendment and annexation were withdrawn for the Maverick Country Store. In 2005, an annexation application was filed with the City for annexation and zoning of this property to L -O (AZ -05-020). The City Council voted to deny AZ -05-020 on June 28, 2005 and confirmed their original decision on August 9, 2006, because approving the annexation was not in the best interest of the City. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is a City of Meridian sewer main in Meridian Road. The sewer line that crosses this property is a private facility and would not be eligible to be connected to. Location of water: There is currently a water main in Meridian Road. Issues or concerns: The applicant will need to extend City sewer mains through this site, the existing line is private and is not eligible to be connected to. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for at the time of development. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: There are some irrigation ditches that lie on or adjacent to this site. 5. Hazards: Vehicular access to this site is tricky. This site does not have a lot of frontage on Ustick Road or Meridian Road. ACHD has reviewed this project, considering road safety, and has recommended approval. Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: L -O 7. Size of Property: 2.95 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the submitted Concept Pap shows an east -west driveway located near the south boundary. Staff is supportive of the general location of this driveway, provided cross -access is provided to the church to the west to use this access point to Meridian Road. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25 -foot wide landscape street buffer is required adjacent to Meridian Road and Ustick Road, both arterial roadways. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 20 - foot wide landscape buffer is required between L -O zoned properties and residential uses/zones. There are residential uses to the south, and a residential zone to the west of this site. 7. COMMENTS MEETING On July 14, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. All of the Ashtyn Park Annexation — AZ -06-034 PAGE 4 CITY OF MERIDIAN PLANND&PARTMENT STAFF REPORT FOR THE HEARING OF SEPTEMBER 12, 2006 received comments are "standard" and have been included within this report. Once a development plan(s) is submitted, the applicant should be required to comply with the specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium Density Residential" for the northern half, and "Public/Quasi-Public' for the southern half. The purpose of a medium density residential designation is to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of three to eight dwelling units per acre (Page 95, 2002 Comprehensive Plan). Chapter VII of the Comprehensive Plan defines Public, Quasi -Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. In 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on two arterial streets (Meridian Road and Ustick Road) and is less than 3 acres in size (2.9 acres total). Because a majority of the property is designated for residential use, but the property is only 3 -acres in size and is located on an arterial/arterial intersection, staff believes that a residential use of the property may not be the best use of the land. Staff believes that an office zone/use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454, if the Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation and anticipated office uses. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual plan, the applicant is proposing a single access to Meridian Road, approximately 400 feet south of Ustick Road. ACHD has approved one access to the site as proposed.. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Meridian Road and Ustick Road are designated arterial streets. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Meridian Road and Ustick Road. Landscape buffers along Meridian Road and Ustick Road will be required by the City with future CZC/Subdivision approval. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) Ashtyn Park Annexation — AZ -06-034 PAGE 5 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEARINSE OF SEPTEMBER 12, 2006 The applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to construct buildings on this site the applicant will be required to construct internal and perimeter landscaping. • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city via Settlers Park to the north. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area which include: a church, single-family homes, a city park, and future office uses. Staff finds that the proposed zoning to L -O should be harmonious with and in accordance with the Comprehensive Plan, as amended by Resolution No. 04-454. Staff recommends that the Commission and Council rely on staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness ofzoning this site for office uses. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the L -O zoning district. Personal and Professional Services are listed as principally permitted uses in the L -O zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Approval of the subject annexation application would allow the applicant to obtain an office zone. According to current City Code, professional offices and clinics are principally permitted in the proposed L -O zone. The applicant has submitted a conceptual site plan showing how this site may redevelop with office buildings, parking and landscaping. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the Zoning Ordinance for L -O zoning, staff believes that the zoning of this site to L -O is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and findings. The annexation legal description submitted with the application (stamped on November 11, 2004 by Joseph D. Canning, RLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Ashtyn Park Annexation — AZ -06-034 PAGE 6 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEARINGOE OF SEPTEMBER 12, 2006 Concept Plan: Staff is generally supportive of the submitted conceptual site plan for this property. However, some of the dimensions shown on the plan do not appear to comply with the UDC. All parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development should comply with the applicable provisions set forth in the Unified Development Code. Building Elevations/Construction Materials/Building Bulk: The applicant is conceptually proposing to construct up to six office buildings on this site. Because this site is directly adjacent to residential uses, staff recommends that the future buildings for this site have a maximum size of 5,000 square feet each, and are single -story. Consistent with the pictures submitted by the applicant with this application (see Exhibit C), staff recommends that each future building provide: variations in roof lines with at least a portion of the roof having a 6/12 slope, awnings over some of the windows and the front door, columns, at least 25 % of the front and street -facing fagade to have windows, and at least two different types of siding material. All new structure(s) (or remodel of existing structure(s)) should be generally compatible in appearance and bulk with the pictures provided with the application and as mentioned above, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. Access: Vehicular access to this property is a challenge. This property has approximately 255 feet of frontage on Ustick Road and 400 feet of frontage on Meridian Road. ACHD policy requires right-in/right-out driveways located on arterial roadways to be constructed a minimum of 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway. Although this property has enough frontage to meet the District's policy, there is an existing roadway, Eastbrook Court, that creates potential turning conflicts if a driveway were to be located 220 feet south of Ustick Road. Therefore, the applicant is proposing a driveway that is approximately 350 feet south of Ustick Road. When the Ustick/Meridian intersection is signalized, or if safety of this driveway should become an issue, the ACHD may restrict the access to right-in/right-out only. Because only one access to the public roadway system is being approved for this property, staff recommends that cross access be provided to the church to the west. The idea with providing cross access to the church is that when the church expands and/or redevelops, cross access will be reciprocated to the proposed office development. If cross access is provided then patrons of the church can access Meridian Road without going through the Ustick/Meridian intersection, and the patrons and employees within the proposed office development can have access to Ustick Road through the church site. NOTE: Staff believes that the parking lot layout proposed on the concept plan will discourages cut -through traffic. Office Uses: Professional and sales offices, laboratories, health care services and medical clinics are some of the most common principally permitted uses within the requested L -O zone. Staff believes that these principally permitted uses are appropriate for this property and meet the intent of Resolution No. 04-454. However, there are several retail and ancillary commercial uses that can occur in the L -O zone with conditional use permit approval. Staff is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site to principally permitted uses in the L -O zone (no CUP uses). This recommendation is intended to protect the neighbors from more intense commercial uses (restaurants, Laundromats, animal hospitals, etc.) that could potentially operate on this property with CUP approval, and to ensure that the uses intended in Resolution No. 04-454 (light office, low -impact businesses) are upheld. See Annexation & Zoning Facts and Comments #3 below. NOTE: Staff has consistently recommended that all properties requesting L -O zoning through Resolution No. 04-454 be restricted as noted above. Ashtyn Park Annexation — AZ -06-034 PAGE 7 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARINABITE OF SEPTEMBER 12, 2006 According to the UDC, no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance (CZC) issued by the Administrator. A certificate of zoning compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit. Prior to construction of any building on this site, a certificate of zoning compliance permit should be obtained. Upon annexation and zoning of the property to L -O, the existing residences will become legal non -conforming uses. The applicant, Commission and Council should be aware that no alterations, expansions, reconstructions or other enlargements to the structures will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the L -O zone. Prior to occupancy of any building for office use on this site, a certificate of zoning compliance permit should be obtained. Hours of Operation: In the applicant's submittal letter, the applicant does not address the hours of operation for the proposed development. Consistent with previous Commission action, staff is recommending that the hours of operation for businesses on this site be limited through a Development Agreement from 6 am to 10 pm. Landscapinz. Meridian Road and Ustick Road are classified arterial roadways. A 25 -foot wide landscape buffer is currently required adjacent to arterial roadways (UDC Table 11-213-3). Landscape buffers along Meridian Road and Ustick Road will be required by the City with future CZC/Plat approval. If the subject annexation and zoning application is approved, L -O property will be adjacent to rural residential properties zoned RUT in Ada County and a church, zoned R4. To buffer the existing land uses to the south and west from future commercial office uses on this site, 20 -foot wide landscape buffers along the perimeter of the site should be installed when a CZC/Plat is approved (UDC Table 11-213-3). Parking: For professional offices, parking stalls are currently required at the rate of one space per 500 s.f. of gross floor area (UDC 11 -3C -6B). Sanitary Sewer: There is an existing 8 -inch private sewer service that bisects this property, it is not a city -owned facility and would not be eligible to serve additional units. New sewer mains would have to be designed and installed to service this parcel. Sewer is available in Meridian Road and water is available in both Meridian Road and Ustick Road. UDC 11 -5B -3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to theproposed use, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Ci1y Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall incorporate the provisions listed in Exhibit B of the Ashtyn Park Annexation — AZ -06-034 PAGE 8 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARINW OF SEPTEMBER 12, 2006 Staff Report. b. Staff Recommendation: Staff recommends approval of the subject apMlication AZ -06- 034, with the Development Agreement _provisions listed in the in Exhibit B of the Staff Report for the hearing date of August 3, 2006. On August 3, 2006 the Meridian Planning _& Zoning Commission voted to recommend approval of the subject application. On September 12, 2006 the Meridian City Council voted to approve the subiect application. 11. EXHIBITS A. Legal Description B. Required Findings from Unified Development Code C. Concept Plan and Elevations D. Development Agreement Provisions and Agency and Department Comments Ashtyn Park Annexation — AZ -06-034 PAGE 9 CITY OF MERIDIAN PLANNINCWARTMENT STAFF REPORT FOR THE HEARWATE OF FEBRUARY 2, 2006 Exhibit A - Legal Description 55M W. Franklin Road • Boise, Idaho 83705-1055 Land Description for Annexation to the Catty of Meridian 10 !November 2004 A portion of Lots 3 and 4 of Block 1 of Strasser Farms Subdivision No. 2, as shown on the official plat thereof on file in the office of the Ada County, Idaho, Recorder, and adjoining public right-of-way, being situated In U.S. Lot 1 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Beginning at the northeast comer of said Section 1, which is the Real Point of Beginning: Thence S00°1T24"W, 426.49 feet along the easterly boundary of said Section 1 to the southerly boundary extended of said Lot 3; Thence N89019'199W, 45,00 feet along the southerly boundary extended of Bald Lot 3 to the southeast comer of said Lot 3; Thence continuing N89019'19"W, 255.84 feet along the southerly boundary of said Lot 3 to the extension of the westerly boundary of said Lot 4; Thence NOWV24"E, 200.221 feet along the extension of the westerly boundary of said Lot 4 to the southwest comer of said Lot 4; Thence continuing N0091724"E, 193.24 feet along the westerly boundary of said Lot 4 to the northwest corner of said Lot 4; Thence continuing N00'1T247E, 33.00 feet along the extension of the westerly boundary of said Lot 4 to the northerly boundary of said Section 1; Thence. 889°19'43"E, 300.84 feet along the northerly boundary of said Section 1 to the Real Point of Beginning. Comprising 2.945 acres, more or less. Nov i.92°& 11ERI[3Rtrr PUBLIC W010"a PT _' Exhibit A - Page 1 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 2, 2006 t z Z O x4'Al, Exhibit A — Page 2 *00r 9.6z. rl.0a N 4 r og.o a r. O. O P d b Q b ` QI ! t C ato �• • os 0 0 ilk q°= �a o •� '� o a m� o oa � •,� as (ys y U S 2y 2 Wh PROM uolplieff viiam �o F. rz. zI.-d s Q'Ac Abse=4!w? `O w0 o-om-c sb m 6 ON h� c4l yr i *00r 9.6z. rl.0a N CITY OF MERIDIAN PLANNINC&ARTMENT STAFF REPORT FOR THE HEARODATE OF FEBRUARY 2, 2006 B. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L -O. Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that professional offices, laboratories, libraries and medical clinics would be permitted uses within the requested L -O zone. As mentioned in the Staff Report, however, there is no detailed development plan proposed at this time. There are several uses in the requested L -O zone that can occur with conditional use permit approval. Council is concerned that this area may turn into a commercial retail site, and is recommending that the City limit the uses that can operate on the site. Council finds that future development of this property should comply with the established regulations and purpose statement of the L -O zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-511-3.E). Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to L -O would be in the best interest of the City, if the applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit B — Page 1 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 2, 2006 C. Concept Plan and Elevations LFffiClmdldgq YCA.6tm � rUL 6e3 ar Qe6i ?C,p,059 i CAse/� rae, Sea t rw_3is e• -a a1®naum7m vam s.r - ! b 4z3 - •ISY9 aq K Ir�17, , am i,y�6BRAKW 11a f f—ea.�num -rs�e sevrsevr * '� xa.mmcmluaiis.3-ar atr,.am�waoeau++m Exhibit C — Page I _ }°m•+a4�0tuo��a ml Pa�a+a'ram�asb.N V a�ed3 � nN► E� c .ummra.w. mm om°ti"•r �i d�:"Wr vA PREL44WARY CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 2, 2006 Exhibit C — Page 2 CITY OF MERIDIAN PLANNIN*ARTMENT STAFF REPORT FOR THE HEAL* DATE OF FEBRUARY 2, 2006 Exhibit C — Page 3 CITY OF MERIDIAN PLANNINSPARTMENT STAFF REPORT FOR THE HEAR DATE OF FEBRUARY 2, 2006 D. Development Agreement Provisions and Agency and Department Comments Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary at 888-4433 to initiate this process. The DA shall incorporate the following: • That development of this property shall generally conform to the Concept Plan prepared by The Land Group, Inc., dated 6-13-06, labeled Sheet L1.0., as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That no alterations, expansions, reconstructions or other enlargements to the existing single- family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure shall meet all applicable development standards such as setbacks, frontage, height, etc. of the L -O zone. • That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). • That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. • That 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. • That the following shall be the only allowed uses on this property: principally permitted uses within the L -O zone. • That the hours of operation shall be limited to 6 a.m. to 10 p.m.. • That up to six office -type buildings may be constructed on this site. That said buildings shall have a maximum size of 5,000 square feet each, and be limited to a single -story. Each building shall provide: variations in roof lines with at least a portion of the roof having a minimum 6/12 pitch, awnings over some of the windows an the building entrance, columns, at least 25 % of the front and street -facing fagade to contain windows, and at least two different types of siding and accent materials. That all new structures will be generally compatible in appearance and bulk with the provisions listed above and the pictures submitted with the annexation application, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • That a 25 -foot wide landscape street buffer will be constructed adjacent to Meridian Road, and Ustick Road, located entirely outside of the right-of-way; that said landscape buffers shall be installed prior to occupancy of the first office building on this site. • That a 20 -foot wide land use buffer, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers shall be installed prior to occupancy of the first office building on this site. • That vehicular access to this site shall be restricted to one driveway to Meridian Road, as approved by ACRD and the City; no vehicular access to Meridian Road is approved. • That prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use, the applicant agrees to provide staff with a recorded copy of a cross -access, ingress/egress easement to the church parcel to the west to use the drive aisles as access to Meridian Road, • That the applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Ustick and Meridian Road. Exhibit D — Page 1 CITY OF MERIDIAN PLANNIN(&ARTMENT STAFF REPORT FOR THE HEARODATE OF FEBRUARY 2, 2006 That the applicant shall provide easements for all required sewer and water mains that are not located in the right-of-way. That the applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 1. PLANNING DEPARTMENT 1.1 The legal description submitted with the application (dated 11-10-04, stamped by Joseph D. Canning) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 1.2 All future construction/uses on this site should comply with the provisions of the Unified Development Code in effect at the time of submittal. 1.3 Please see Section 10 of the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant shall comply with all City of Meridian Public Works standards and procedures for all development on this property. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. Exhibit D — Page 2 CITY OF MERIDIAN PLANNIN(PARTMENT STAFF REPORT FOR THE HEAR DATE OF FEBRUARY 2, 2006 3.8 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The office development will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.11 Maintain a separation of 5' from the building to the dumpster enclosure. 3.12 Provide a Knox box entry system for the complex prior to occupancy. 3.13 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.14 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. 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 There shall be a fire hydrant within 100' of all Fire Department connections. 3.17 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 3.18 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. MERIDIAN POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. Exhibit D — Page 3 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAS DATE OF FEBRUARY 2, 2006 4.2 If there are any, loading areas shall be separated from all public parking areas. 5. SANITARY SERVICES COMPANY 5.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 6. MERIDIAN PARKS DEPARTMENT 6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-313-10) will be followed. Exhibit D — Page 4 September 22, 2006 AZ 06-033 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Rob Godsill ITEM NO. S -D REQUEST Findings for Approval -- Request for Annexation and Zoning of 7.6 acres from RUT to 6 acres of R-4 and 1.6 acres of R-8 for Benelli Springs Subdivision -- 3420 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftached Findings 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: Contacte " 6en Date: Phone: Emailed: e�- r Q e �, �m St ff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER SEP 2 1 2006 it f Meridian ,{lerk ®fie i ITT fir iwi In the Matter of Annexation and Zoning of 7.6 acres from RUT to R-4 (6.0 acres) and R-8 (1.6 acres) AND Preliminary Plat approval for 25 single-family residential building lots and 5 common lots on 7.6 acres in the proposed R-4 and R-8 zones, by Rob Godsill. Case No(s). AZ -06-033 and PP -06-041 For the City Council Hearing Date of. September 12, 2006 (findings on September 26, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 12, 2006incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 12, 2006incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 12, 2006incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-033 and PP -06-041 0 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of SEPTEMBER 12, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated April, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The homes shall have slab -on -grade construction unless an alternative building technique is determined appropriate at the time of fmal plat approval. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 12, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-033 and PP -06-041 i 9 submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -613 - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 12, 2006 By action of the City Council at its regular meeting held on the ��� day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_*w COUNCIL MEMBER JOE BORTON VOTED6� COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-033 and PP -06-041 ATTEST: i `\`\`,J1j1111 �CIF ¢ is Gr/��Lc / '4'er" cfe WILLIAM G. BERG, JR., fGIT nom: iJ � r IgC • q�q Copy served upon: ✓ Applicant�l'`" ✓ Planning Department Public Works Department —� City Attorney By: A Dated: 9-;Z$-®Lp Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-033 and PP -06-041 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINdW OF SEPTEMBER 12, 2006 STAFF REPORT Hearing Date: 9/12/2006 TO: Mayor and City Council FROM: Justin Lucas Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Benelli Springs Subdivision AZ -06-033 Annexation and Zoning of 7.6 acres from RUT (Ada County), to R-4 (Medium Low -Density Residential)(6.0 acres) and R-8 (Medium Density Residential)(1.6 acres) PP -06-041 Preliminary Plat approval of 17 single-family residential building lots in the proposed R4 zone, 8 single-family residential building lots in the proposed R- 8 zone, and 5 common lots on 7.6 acres, by Rob Godsill. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Rob Godsill, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low - Density Residential) for 6 acres and R-8 (Medium Density Residential) for 1.6 acres of property currently zoned RUT in Ada County. The site is located on the east side of Locust Grove Road, approximately 600 feet south of Victory Road. Currently, there is one single-family home and associated outbuildings on this site. The existing home will be moved/removed. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Benelli Springs Subdivision (AZ -06-033 and PP -06-041) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on August 3 2006 At the public hearing they moved to recommend approval. On September 12. 2006 the Citv Council approved the subject applications. a. Summary of Commission Public Hearing: i. In favor: Kevin McCarthy ii. In opposition: None iii. Commenting: Renee Seely iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. — Groundwater concerns (slab on grade construction); ii. — Access to the out parcel to the south c. Key Commission Changes to Staff Recommendation: i. — None d. Outstanding Issue(s) for City Council: i. — Groundwater concerns (slab on grade construction) Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 1 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEARINAWE OF SEPTEMBER 12, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -033 and PP -06-041 as presented in the staff report for the hearing date of September 12, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -033 and PP -06-041 as presented during the hearing of September 12, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ -06-033 and PP -06-041 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3420 South Locust Grove Road; south of Victory Road in Section 29, Township 3 North, Range 1 East b. Owner: Susan A. Howard 3420 S. Locust Grove Road Meridian, ID 83642 c. Applicant: Rob Godsill 24799 Lansing Lane Middleton, ID 83644 d. Representative: Kevin McCarthy, Toothman-Orton Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 7.6 acres to a mix of R-4 (6 acres) and R-8 (1.6 acres) and Preliminary Plat approval of 25 single-family buildable lots and 5 common lots. All of the homes within the development are proposed to be single-family detached. The average lot sizes in the proposed development are 8,812 square feet in the R-4 zone and 5,085 square feet in the R-8 zone. The total gross density of the project is 3.3 dwelling units per acre. Approximately twelve percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 4/06 2. Date of landscape plan (attached in Exhibit A): 4/06 5. PROCESS FACTS Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 2 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEARINATE OF SEPTEMBER 12, 2006 a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, 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 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 17th and July 315`, 2006 (Planning Commission) August 21st and September 0, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: July 7th, 2006 (Planning Commission) August 18d', 2006 (City Council) e. Applicant posted notice on site by: July 20, 2006 (Planning Commission) September 2nd, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): There is a single-family home and some associated outbuildings on this site. The existing home is to be moved/removed. b. Description of Character of Surrounding Area: This area is rapidly transitioning from rural to urban. Numerous residential projects have been constructed or proposed in this area including R-4 developments to the south and R-8 developments to the west. c. Adjacent Land Use and Zoning: 1. North: Proposed Casa Meridiana development, requested R-15 2. East: Approved single-family lots within Tuscany Hills Subdivision, zoned R-4 3. South: Single-family home on a large parcel, zoned RUT (Ada County) 4. West: Single-family homes on large parcels, zoned RUT (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is sewer stubbed to this property from the Tuscany Development to the east. Location of water: There are currently water mains installed in Locust Grove Road. Issues or concerns: 1. The need for an "off-peak pumping station". 2. The geo-technical report indicates that there is groundwater expected as shallow as 0- 2 feet below the surface. 3. Flood zone along the southern boundary of this site 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through this site. All open irrigation ditches, laterals and canals, (excluding the Ten Mile Creek) should be tiled when this property develops. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4(Medium-Low Density Residential) and R-8(Medium Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 3 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARINISTE OF SEPTEMBER 12, 2006 Density Residential) 5. Size of Property: 7.6 acres f. Subdivision Plat Information: 1. Residential Lots: 25 2. Non-residential Lots: 0 3. Total Building Lots: 25 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 30 7. Gross Density: 3.3 units per acre (net density is 4.0 d.u./acre) 8. Minimum House Size: 1,400 square feet (R4) g. Landscaping 1. Width of street buffer(s): 25 feet 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.92 acres/12% h. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. i. Summary of Proposed Streets and/or Access: The applicant is proposing to construct two public streets, Benelli Avenue and Braedon Court. Benelli Avenue will intersect Locust Grove Road. Braeden Court is a cul-de-sac off of Benelli Avenue. The applicant is proposing to extend a public stub street to the proposed Casa Meridiana Development to the north. The applicant is also proposing to provide a public street stub to the lot to the west. All of the internal streets are local streets with 36 -feet wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 5 -foot wide detached sidewalks within 64 -feet of right-of-way. The eight foot area between the back of curb and sidewalk is proposed to be used as a drainage swale and is not counted as open space. The swale should contain vegetation suited for drainage areas. Staff is generally supportive of the proposed street system. ACHD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On July 14, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain up to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 25 Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 4 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARINAOTE OF SEPTEMBER 12, 2006 single-family lots on 7.6 acres for a gross density of 3.3 dwelling units/acre. The proposed density is consistent with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. - Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Offlce. 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 (A ChD). 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 Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter V, Goal 1, Objective A, Action 11: Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas. Staff believes that the applicant is protecting and enhancing the Ten Mile Creek by constructing a pathway adjacent to its bank and leaving it open. . Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 5 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINCW OF SEPTEMBER 12, 2006 Chapter VI, Goal II, Objective A, Action 8 - Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit oriented development as appropriate. The applicant has included a multi -use pathway that is consistent with the Comprehensive Plan Future Land Use Map. This pathway will help to promote connectivity and alternative forms of transportation in this area. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes two stub streets, one to the north and one to the west. Both of these stub streets extend to parcels currently zoned in Ada County RUT, which staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job of providing for future connectivity to the north and west. The Ten Mile Creek inhibits a street connection (stub) to the property to the south. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct a multi -use pathway on the north side of Ten Mile Creek easement that will connect to the existing pathway within the Tuscany Subdivision. The applicant is also proposing to construct five foot detached sidewalks adjacent to all of the proposed streets. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties in the near vicinity are compatible with the proposed development. Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 6 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINW OF SEPTEMBER 12, 2006 Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 and R-8 zoning districts. b. Purpose Statement of Zone: R-4 Medium Low -Density Residential and R-8 Medium Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R4 and R-8 zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R4 and R-8 zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on April 14, 2006 by Steven J. Frisbie, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill NM, at 888-4433 to initiate this process. The DA shall incorporate the following: • That 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 Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 7 CITY OF MERIDIAN PLANNIIOEPARTMENT STAFF REPORT FOR THE HEARING& OF SEPTEMBER 12, 2006 production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That 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. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R4 and R-8 zones. • That the applicant agrees to construct a 10 -foot wide multi -use pathway along the Ten Mile Creek, from Locust Grove Road, to the southeast corner of the property. • That a maximum of 25 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Multi -Use Pathway: The location of the multi -use pathway as proposed is not consistent with the existing pathway location in the Tuscany Subdivision to the south and east. The pathway should be located on the northern side of Ten Mile Creek to facilitate easy connection to the existing pathway in Tuscany. Street Buffers: The most current street classification map as provided by COMPASS lists south Locust Grove as a minor arterial. This designation requires residential uses to provide a street landscape buffer of 25 feet (UDC 11-2A-5). The proposed preliminary plat only shows a street landscape buffer of 20 feet along Locust Grove Road. This buffer should be expanded to 25 feet to meet the UDC requirements. Landscaping_ The landscape plan prepared by Toothman-Orton Engineering Company, on 4-06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 12% (0.92 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 8 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINCOT OF SEPTEMBER 12, 2006 Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Streets: The applicant should be required to provide public stub streets to the Oaas Laney property to the north (Parcel #S1129223505) and to the Richardson property to the east (Parcel #S 1129223300) as proposed. Existing Residences/Buildings: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings shall be located/re-located in accordance with the building setbacks of the R4 or R-8 zone, prior to signature of the final plat by the City Engineer. Fencing: The submitted preliminary plat shows existing fencing around most of the site. The applicant did not make it clear if this fencing was to remain or be removed. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Benelli Springs Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. This requirement doe not apply to the Ten Mile Creek which is classified as a natural waterway and must be protected as stated in UDC 11 -6A -1H. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, 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 UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subiect applications AZ -06- 022 and PP -06-022, with the conditions listed in Exhibit B of the Staff Report for the hearing date of August 3, 2006. On August 3, 2006 the Meridian Planning and Zoning Commission voted to recommend awroval of the subject annlications On September 12 2006 the City Council approved the subiect applications. 11. EDITS A. Drawings Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 9 CITY OF MERIDIAN PLANNESEPARTMENT STAFF REPORT FOR THE HEARINGW OF SEPTEMBER 12, 2006 1. Preliminary Plat (dated: 3-14-06) 2. Landscape Plan (dated: 3-1-06) 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 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Legal Description D. Required Findings from Unified Development Code Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 10 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEARINOM OF SEPTEMBER 12, 2006 A. Drawings 1. Preliminary Plat (dated: 4/06) ie a l ¢jd'(44" 0W 151) 00ZS 'S *'" 'WV SZ:6S:6 900Z -f -L 'IaneAe•I ` mr(90• ) 7eld ad-9ZMkr)mpj7A�Z09 Exhibit A —Page 1 CITY OF MERIDIAN PLAN 4WEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 12, 2006 Landscape Plan (dated 4/06) Fr- �-� DAA �A DD r ire ,A ��". h i aaltai ,DADA [ al8ianl •B wu23s E N1 tSaeAulagi 31t w alums Oen AD BMW Arsw..i m eAWAms •Aml91U o.anmwo d SdVMADM RMUMM aeiv�9ea aR�asta-Rm�toDy HOISwaaos SOMME lMom gp F p 00z Z1.1tot1 fli419i11611161ii i iliillirf�� s. I i i e co C�SUdis��`I3i'4�I ��+' �1� $ @0a J J i Z ZZzw www d i 8 Hai Og eej 4 9 R ,► . Met e A flit Lb! P� 1 �: a s►. I - k "J r 1 p - f f @ 1 !y - ___ 1 �1 �-�•}-��� 4_ . - :�/�/T ���••O�fa �_ SIR r-Olinrnu m u rural Aim lr .�..•.. •...• .. 11.. -- - . 1...... -- __ _1 - Exhibit A — Page 2 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARINISTE OF SEPTEMBER 12, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-041) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Toothman Orton Engineering, Co., dated April 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-033) application shall also be considered conditions of the Preliminary Plat (PP -06-041) 1.1.2 The landscape plan prepared by Toothman-Orton Engineering Company, on 4-06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 12% (0.92 acres) of the site for useable open space, as proposed. • Construct a minimum 25 -foot wide street buffer along the entire length of Locust Grove Road, exclusive of ACHD right-of-way. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. • Per UDC 11-313-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Relocate the multi -use pathway to the north side of Ten Mile Creek to facilitate connection to the existing pathway with in the Tuscany Subdivision. Construct said 10 -foot wide asphalt pathway, from the eastern boundary to Locust Grove Road. Construct a 5 -foot wide landscape buffer (including trees) along the north side of the multi -use pathway and fencing on the north side of the landscaping (south side of the buildable lots.) The multi -use pathway shall be constructed in accordance with the Meridian Parks Department's requirements. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 1. 1.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.6 Maintenance of all common areas shall be the responsibility of the Benelli Springs Home Owners' Association. 1.1.7 Place a note on the face of the final plat that prohibits direct lot access to Locust Grove Road. Exhibit B — Page 1 CITY OF MERIDIAN PLANODEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 12, 2006 1.1.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway (Ten Mile Creek), that intersect, cross or lie within the area being subdivided shall be covered. 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. 1.1.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.1.10 The homes shall have slab -on -grade construction unless an alternative building technique is determined appropriate at the time of final plat approval. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-041) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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 still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of a sewer stub located in the Tuscany Development to the west. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B — Page 2 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 12, 2006 2.2 The applicant shall be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.3 No manholes or water valves shall be allowed to be placed in the landscape islands. If sewer or water mains are to be routed underneath them, then no trees will be allowed in the islands. The applicant shall coordinate with the Planning Department to meet this condition while still complying with all City Ordinance regarding landscaping. 2.4 Water service to this site is being proposed via extension of mains in Locust Grove. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 As part of the City of Meridian's "to and through" policy the applicant shall be required to extend water mains in the stub street proposed to the north. 2.6 The engineer shall be required to submit a stamped, signed certification that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 2.7 The submitted geo-technical report indicates that groundwater may be as shallow as 0-2 feet below existing grade. The City of Meridian requires three -feet of separation between the centerline of the road and the highest established groundwater elevation. The applicant shall clarify at the Public Hearing how they will accomplish this separation with the expected high groundwater. 2.8 The preliminary plat indicates that a portion of this development is in an A Flood Zone. It appears that Lots 7 and 8 Block 2 may be encumbered by this flood plain. Prior to signature on the final plat the applicant shall be required to submit a signed stamped letter from their Professional Engineer or Surveyor stating that no lots are encumbered by the flood plain. If any lots are within the flood plain, the applicant shall be required to determine the "Base Flood Elevation" and those buildings shall provide Base Flood Elevation Certification prior to building permits. 2.9 At final plat submittal the applicant shall dedicate 10 -foot public utility, drainage, and irrigation easements along all lot lines common to a public right-of-way, rear lot lines, exterior boundary of the subdivision, and centered on interior lot lines. 2.10 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.11 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.12 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling a pre -construction meeting. 2.13 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Exhibit B — Page 3 CITY OF MERIDIAN PLAN EPARTMENT STAFF REPORT FOR THE HEARINISTE OF SEPTEMBER 12, 2006 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 If any existing houses are to be retained on site the applicant shall be responsible for the payment of assessments and the actual physical connection to the city services. 2.16 Any existing domestic wells and/or septic systems within this project shall be removed from 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. 2.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.18 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.19 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.20 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.21 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. 2.22 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. 2.23 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.24 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.25 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.26 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. 2.27 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department Exhibit B — Page 4 CITY OF MERIDIAN PLANN06EPARTMENT STAFF REPORT FOR THE HEARINOTE OF SEPTEMBER 12, 2006 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.6 No parking will be allowed adjacent to Lots 7-13, Block 2. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.10 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.11 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. 4. Police Department Exhibit B — Page 5 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEARINW OF SEPTEMBER 12, 2006 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Provide adequate lighting on lot ten (pathway). 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 With the approval of ACRD Development Review Staff, construct the internal streets as 36-fooy wide Swale sections with 2 -foot ribbon curd, 8 -foot swales, and 5 -foot detached concrete sidewalks within 64 feet of right-of-way. Construct internal streets as typical 36 -foot street sections with curb, gutter, and 5 -foot concrete sidewalk within 50 -feet of right-of-way. 7.2 Construct a stub to the north approximately 85 -feet west of the east property line (measured near the edge to property line), to be constructed as the Swale street section (same as internal streets). 7.3 Construct the stub to the east, Benelli Avenue, approximately 85 -feet south of the north property line (measured near edge to property line), to be constructed as the swale street section (same as internal streets). 7.4 Construct a 7 -foot concrete sidewalk a minimum of 28 -feet from the centerline of Locust grove Road abutting the site within the right of way. The sidewalk should be constructed all the way to the south property line, across the Ten Mile Creek. 7.5 Dedicate 35 -feet of right of way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be Exhibit B — Page 6 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARINW OF SEPTEMBER 12, 2006 completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right of way dedication after the receipt of all requested material. The owner will be paid the fair market value of the right of way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.6 Comply with all Standard Conditions of Approval. Standard Conditions oLApproval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10b Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.1 lb It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B — Page 7 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARIN(W OF SEPTEMBER 12, 2006 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Nampa and Meridian Irrigation District 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected. 9.3 All easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B — Page 8 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARIN*E OF SEPTEMBER 12, 2006 C. Legal Description TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 - FAX 208-323.2399 boiseetoengrco.com PROJECT: 06026 DATE: April 11, 2006 PAGE: 1 of i EXHIBIT "A" Description of Land for Annexation Purposes A parcel of land situated in the NW1A of the NW1A of Section 29, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the W 1/4 comer of said Section 29, from which the corner common to Sections 19, 20, 29, and 30, Township 3 North, Range 1 East, Boise Meridian, bears N.0°14'20" E., 2645.64 feet; thence, along the westerly line of said section. A) N.0°14'20"E., 1693.64 feet to a point marking the southwesterly corner of said parcel, being the POINT OF BEGINNING; thence, continuing along said line, 1) N.0° 14'20"E., 419.39 feet; thence, parallel with the northerly line of'said NW/4, 2) S.89°34'36"E., 598.28 feet; thence, 3) S.0°11' 10"W., 263.72 feet to a found 5/8" iron pin; thence, 4) S.18002'20"W., 478.12 feet; thence, 5) N.56°04'43"W., 543.62 feet to the POINT OF BEGINNING. CONTAINING 7.56 Acres more or less. SUBJECT TO any Covenants, Rights, Rights-of-way, Easements of Record, and any other encumbrances. REV EW APPROVJ I.�/ >Y� — .W)Pivs DEPT II'\060261WPriles\SURVEY�Exh-Final Bndy.doc BOISE - COEUR WALENE - CAL.DWEL L Exhibit C — Page 1 CITY OF MERIDIAN PLANN&UARTMENTSTAFF REPORT FORTHE HEARINW OF SEPTEMBER 12, k« § - ci �® u)k2& § 2 0. E ( R �q k�# § kk�\ C \~� § \� m _ .*b @ k �.■Rm § ƒ K�/ ° � \ / /kk / \ V) § 09�z. oƒ/ M§E2 § e ƒu© ° e § = 2 4 . § L�2 22/4 , O— / 666 ' x 2 � ƒ/Q § < n2 E ' Z � � 2 L.L b,. \ r m�-r �� Lq �^ :f�\ § #aq , $ 0LL.02 - _a | ! § 77� 3 a m a_G® ® , , k w.00N __§� / § m 310,Y9 m,s ■ , § \ ® )/ < !; § k, BC /k Exhibit C - Pa72 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINC*E OF SEPTEMBER 12, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-4 and R-8. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that future development of this property will comply with the established regulations and purpose statement of the R-4 and R-8 zones, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5E -3.E). The R-4 and R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the future development in the vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this nropertv to R-4 and R-8 would be in the best interest of the Cfty, if the applicant enters into a Development Ageement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: Exhibit D - Page 1 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEARINCE OF SEPTEMBER 12, 2006 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission'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. 6. The development preserves significant natural, scenic or historic features. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance, if the Ten Mile Creek is left open and protected. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 2 a • September 22, 2006 PP 06-041 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Rob Godsill ITEM NO. 5-E REQUEST Findings for Approval -- Request for Preliminary Plat approval of 17 single-family units in proposed R-4 zone, 8 single family units in proposed R-8 zone & 5 common lots on 7.6 acres for Benelli Springs Subdivision -- 3420 S. Locust Grove AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: VJJ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: me SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. gSEP 2 9 2006 ` Meridian ��irk Office -71 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 7.6 acres from RUT to R-4 (6.0 acres) and R-8 (1.6 acres) AND Preliminary Plat approval for 25 single-family residential building lots and 5 common lots on 7.6 acres in the proposed R4 and R-8 zones, by Rob Godsill. Case No(s). AZ -06-033 and PP -06-041 For the City Council Hearing Date of: September 12, 2006 (findings on September 26, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 12, 2006incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 12, 2006incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 12, 2006incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-033 and PP -06-041 i • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of SEPTEMBER 12, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated April, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The homes shall have slab -on -grade construction unless an alternative building technique is determined appropriate at the time of final plat approval. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 12, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-033 and PP -06-041 submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 12, 2006 By action of the City Council at its regular meeting held on the 2 day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTEDi%� COUNCIL MEMBER CHARLIE ROUNTREE VOTED C� COUNCIL MEMBER KEITH BIRD VOTED_#.� TIE BREAKER MAYOR TAMMY de WEERD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-033 and PP -06-041 0 • -5� ATTEST: WILLIAM G. BERG, JR., CLEI� BEAL -� T tst • .,� ems\, Copy served upon: V Applicant Planning Departr'fi�ntn ie�n��`'��` Public Works Department City Attorney By:��il ��/� �D_.�-� Dated: `A -2.T -()U City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-033 and PP -06-041 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARIN4W E OF SEPTEMBER 12, 2006 PP -06-041 Preliminary Plat approval of 17 single-family residential building lots in the proposed R4 zone, 8 single-family residential building lots in the proposed R- 8 zone, and 5 common lots on 7.6 acres, by Rob Godsill. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Rob Godsill, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low - Density Residential) for 6 acres and R-8 (Medium Density Residential) for 1.6 acres of property currently zoned RUT in Ada County. The site is located on the east side of Locust Grove Road, approximately 600 feet south of Victory Road. Currently, there is one single-family home and associated outbuildings on this site. The existing home will be moved/removed. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Benelli Springs Subdivision (AZ -06-033 and PP -06-041) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on August 3 2006 At the public hearing they moved to recommend approvalOn September 12 2006 the City Council approved the subject applications. a. Summary of Commission Public Hearing: i. In favor: Kevin McCarthy ii. In opposition: None iii. Commenting: Renee Seely iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. — Groundwater concerns (slab on grade construction); ii. — Access to the out parcel to the south c. Key Commission Changes to Staff Recommendation: i. — None d. Outstanding Issue(s) for City Council: i. — Groundwater concerns (slab on grade construction) Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 1 STAFF REPORT Hearing Date: 9/12/2006 TO: Mayor and City Council e FROM: Justin Lucas awei� Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Benelli Springs Subdivision AZ -06-033 Annexation and Zoning of 7.6 acres from RUT (Ada County), to R-4 (Medium Low -Density Residential)(6.0 acres) and R-8 (Medium Density Residential)(1.6 acres) PP -06-041 Preliminary Plat approval of 17 single-family residential building lots in the proposed R4 zone, 8 single-family residential building lots in the proposed R- 8 zone, and 5 common lots on 7.6 acres, by Rob Godsill. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Rob Godsill, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low - Density Residential) for 6 acres and R-8 (Medium Density Residential) for 1.6 acres of property currently zoned RUT in Ada County. The site is located on the east side of Locust Grove Road, approximately 600 feet south of Victory Road. Currently, there is one single-family home and associated outbuildings on this site. The existing home will be moved/removed. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Benelli Springs Subdivision (AZ -06-033 and PP -06-041) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on August 3 2006 At the public hearing they moved to recommend approvalOn September 12 2006 the City Council approved the subject applications. a. Summary of Commission Public Hearing: i. In favor: Kevin McCarthy ii. In opposition: None iii. Commenting: Renee Seely iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. — Groundwater concerns (slab on grade construction); ii. — Access to the out parcel to the south c. Key Commission Changes to Staff Recommendation: i. — None d. Outstanding Issue(s) for City Council: i. — Groundwater concerns (slab on grade construction) Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 1 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINJW OF SEPTEMBER 12, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ - 06 -033 and PP -06-041 as presented in the staff report for the hearing date of September 12, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ - 06 -033 and PP -06-041 as presented during the hearing of September 12, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ -06-033 and PP -06-041 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3420 South Locust Grove Road; south of Victory Road in Section 29, Township 3 North, Range 1 East b. Owner: Susan A. Howard 3420 S. Locust Grove Road Meridian, ID 83642 c. Applicant: Rob Godsill 24799 Lansing Lane Middleton, ID 83644 d. Representative: Kevin McCarthy, Toothman-Orton Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 7.6 acres to a mix of R-4 (6 acres) and R-8 (1.6 acres) and Preliminary Plat approval of 25 single-family buildable lots and 5 common lots. All of the homes within the development are proposed to be single-family detached. The average lot sizes in the proposed development are 8,812 square feet in the R-4 zone and 5,085 square feet in the R-8 zone. The total gross density of the project is 3.3 dwelling units per acre. Approximately twelve percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 4/06 2. Date of landscape plan (attached in Exhibit A): 4/06 5. PROCESS FACTS Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 2 CITY OF MERIDIAN PLANN*EPARTMENT STAFF REPORT FOR THE HEARINAW OF SEPTEMBER 12, 2006 a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, 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 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 17"' and July 31 ", 2006 (Planning Commission) August 21" and September 4b, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: July 7t`, 2006 (Planning Commission) August 18', 2006 (City Council) e. Applicant posted notice on site by: July 20, 2006 (Planning Commission) September 2d, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): There is a single-family home and some associated outbuildings on this site. The existing home is to be moved/removed. b. Description of Character of Surrounding Area: This area is rapidly transitioning from rural to urban. Numerous residential projects have been constructed or proposed in this area including R4 developments to the south and R-8 developments to the west. c. Adjacent Land Use and Zoning: 1. North: Proposed Casa Meridiana development, requested R-15 2. East: Approved single-family lots within Tuscany Hills Subdivision, zoned R-4 3. South: Single-family home on a large parcel, zoned RUT (Ada County) 4. West: Single-family homes on large parcels, zoned RUT (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is sewer stubbed to this property from the Tuscany Development to the east. Location of water: There are currently water mains installed in Locust Grove Road. Issues or concerns: 1. The need for an "off-peak pumping station". 2. The geo-technical report indicates that there is groundwater expected as shallow as 0- 2 feet below the surface. 3. Flood zone along the southern boundary of this site 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through this site. All open irrigation ditches, laterals and canals, (excluding the Ten Mile Creek) should be tiled when this property develops. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4(Medium-Low Density Residential) and R-8(Medium Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 3 CITY OF MERIDIAN PLANN * EPARTMENT STAFF REPORT FOR THE HEARIN(W OF SEPTEMBER 12, 2006 Density Residential) 5. Size of Property: 7.6 acres f. Subdivision Plat Information: 1. Residential Lots: 25 2. Non-residential Lots: 0 3. Total Building Lots: 25 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 30 7. Gross Density: 3.3 units per acre (net density is 4.0 d.u./acre) 8. Minimum House Size: 1,400 square feet (R4) g. Landscaping 1. Width of street buffer(s): 25 feet 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.92 acres/12% h. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. i. Summary of Proposed Streets and/or Access: The applicant is proposing to construct two public streets, Benelli Avenue and Braedon Court. Benelli Avenue will intersect Locust Grove Road. Braeden Court is a cul-de-sac off of Benelli Avenue. The applicant is proposing to extend a public stub street to the proposed Casa Meridiana Development to the north. The applicant is also proposing to provide a public street stub to the lot to the west. All of the internal streets are local streets with 36 -feet wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 5 -foot wide detached sidewalks within 64 -feet of right-of-way. The eight foot area between the back of curb and sidewalk is proposed to be used as a drainage swale and is not counted as open space. The swale should contain vegetation suited for drainage areas. Staff is generally supportive of the proposed street system. ACHD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On July 14, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain up to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 25 Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 4 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINCW OF SEPTEMBER 12, 2006 single-family lots on 7.6 acres for a gross density of 3.3 dwelling units/acre. The proposed density is consistent with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.- Sanitary anner.Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). 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 Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter V, Goal 1, Objective A, Action 11: Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas. Staff believes that the applicant is protecting and enhancing the Ten Mile Creek by constructing a pathway adjacent to its bank and leaving it open. . Chapter V1, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 5 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINC&E OF SEPTEMBER 12, 2006 Chapter VI, Goal II, Objective A, Action 8 - Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit oriented development as appropriate. The applicant has included a multi -use pathway that is consistent with the Comprehensive Plan Future Land Use Map. This pathway will help to promote connectivity and alternative forms of transportation in this area. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes two stub streets, one to the north and one to the west. Both of these stub streets extend to parcels currently zoned in Ada County RUT, which staff anticipates will re -develop in the near future. Staff believes that the applicant has done a nice job ofprovidingforfuture connectivity to the north and west. The Ten Mile Creek inhibits a street connection (stub) to the property to the south. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct a multi -use pathway on the north side of Ten Mile Creek easement that will connect to the existing pathway within the Tuscany Subdivision. The applicant is also proposing to construct five foot detached sidewalks adjacent to all of the proposed streets. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single-family residential properties in the near vicinity are compatible with the proposed development. Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 6 CITY OF MERIDIAN PLANNAkEPARTMENT STAFF REPORT FOR THE HEARINCOE OF SEPTEMBER 12, 2006 Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R4 and R-8 zoning districts. b. Purpose Statement of Zone: R-4 Medium Low -Density Residential and R-8 Medium Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R4 and R-8 zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R4 and R-8 zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on April 14, 2006 by Steven J. Frisbie, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11 -5B -3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary at 888-4433 to initiate this process The DA shall incorporate the following: • That 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 Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 7 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEARIN(& OF SEPTEMBER 12, 2006 production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That 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. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R4 and R-8 zones. • That the applicant agrees to construct a 10 -foot wide multi -use pathway along the Ten Mile Creek, from Locust Grove Road, to the southeast corner of the property. • That a maximum of 25 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Multi -Use Pathway: The location of the multi -use pathway as proposed is not consistent with the existing pathway location in the Tuscany Subdivision to the south and east. The pathway should be located on the northern side of Ten Mile Creek to facilitate easy connection to the existing pathway in Tuscany. Street Buffers: The most current street classification map as provided by COMPASS lists south Locust Grove as a minor arterial. This designation requires residential uses to provide a street landscape buffer of 25 feet (UDC 11-2A-5). The proposed preliminary plat only shows a street landscape buffer of 20 feet along Locust Grove Road. This buffer should be expanded to 25 feet to meet the UDC requirements. Landscaping_ The landscape plan prepared by Toothman-Orton Engineering Company, on 4-06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 12% (0.92 acres) of the site for useable open space, as proposed. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 8 CITY OF MERIDIAN PLA NN&EPARTMENT STAFF REPORT FOR THE HEARIN(W OF SEPTEMBER 12, 2006 Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Streets: The applicant should be required to provide public stub streets to the Oaas Laney property to the north (Parcel #S 1129223505) and to the Richardson property to the east (Parcel #S 1129223 300) as proposed. Existing Residences/Buildings: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings shall be located/re-located in accordance with the building setbacks of the R-4 or R-8 zone, prior to signature of the final plat by the City Engineer. Fencing: The submitted preliminary plat shows existing fencing around most of the site. The applicant did not make it clear if this fencing was to remain or be removed. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Benelli Springs Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. This requirement doe not apply to the Ten Mile Creek which is classified as a natural waterway and must be protected as stated in UDC 11 -6A -1H. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, 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 UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ -06- 022 and PP -06-022, with the conditions listed in Exhibit B of the Staff Report for the hearing date of August 3, 2006. On August 3, 2006 the Meridian Planning and Zoning Commission voted to recommend approval of the subiect applications On September 12 2006 the City Council approved the subject applications. 11. EXHIBITS A. Drawings Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 9 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARIN*E OF SEPTEMBER 12, 2006 1. Preliminary Plat (dated: 3-14-06) 2. Landscape Plan (dated: 3-1-06) 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 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Legal Description D. Required Findings from Unified Development Code Benelli Springs Subdivision AZ-06-033/PP-06-041 PAGE 10 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINCW OF SEPTEMBER 12, 2006 A. Drawings 1. Preliminary Plat (dated: 4/06) 1 �,,� 'tm c �wwn •wrw a m+9wm '¢ wua m . ��. A � s/� ismer 4NL b SitrN6 am d0 '®wd r ( b m�.•u w towom aarao mrun _ _- tgt®iW e� t¢or�-�sat�, NCIBiAi�tlS IOIl�dSb'9PPISNIIH - �r°iiiii�iis�iililllllllllllllll s. gg 1 d. 1 LE 41 1 �9Btf"i� Nil.. 1'i l lai ei u hi; ii��� m � � ! " ���� i � Ni4 4 1�•• �i�g1, � 1 W Z pp ® a rail � d •e . .l i ay l• I t -.-a„_ � i �- : -'-,J A� � � :�as6 az W W o°y u - I 1 .g fill i ';; ,l 1 6HE9D �I@b 9 0 Htl6> �C-O90 d �9b .8p. y,µ P8 tuloM 6 �0 tl01� L.o E �l0 W IDO b1AWYL ¢. r09e1Fo0 � '0p9� O WJYy M 9 Pwbr• O] 6309im) I4 E3d•(4O1 =W:01) 006 `goWU 'WV 9Z:65:6 900Z -E -Z '11nmW1 lmp(9f1- ) Md ad-9Z09016MP17AAZ09 x Exhibit A —Page 1 CITY OF MERIDIAN PLAN*EPARTMENT STAFF REPORT FOR THE HEARINOM OF SEPTEMBER 12, 2006 Landscape Plan (dated 4/06) i .ar,MOM 3m �i- -- usvatw 6088MMM paM-Nn oy ® N0I87umw am=" 1' umm W t odd e s!!! 9 1 ffin uaaa. la�gla�r B f a9i r; �gl� a;�i I Q e e 0 01 aFa llff!!!!flfflllff�E i Itl��ii�f3 ff I E I °�� m ��Ro iijl �`• � !� 1 ��fl' _tea 0 tCL d ns t!J Q z ', �pQt[�y' p■g g, 5� a r: ��te�p RS G CL. 1 - i _ G v 41 'l Ra att rv1•Annis mu rural A,m� i.,,,,,h r.r.r ... r 1 .— _ . I......-�_...... ,c.. _.,__ -_ -.. _ Exhibit A — Page 2 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARIN(W OF SEPTEMBER 12, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-041) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Toothman Orton Engineering, Co., dated April 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ -06-033) application shall also be considered conditions of the Preliminary Plat (PP -06-041) 1.1.2 The landscape plan prepared by Toothman-Orton Engineering Company, on 4-06, is approved with the following modifications/notes: • Per UDC 11 -3G -3A, set aside at least 12% (0.92 acres) of the site for useable open space, as proposed. • Construct a minimum 25 -foot wide street buffer along the entire length of Locust Grove Road, exclusive of ACHD right-of-way. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. • Per UDC 11-313-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Relocate the multi -use pathway to the north side of Ten Mile Creek to facilitate connection to the existing pathway with in the Tuscany Subdivision. Construct said 10 -foot wide asphalt pathway, from the eastern boundary to Locust Grove Road. Construct a 5 -foot wide landscape buffer (including trees) along the north side of the multi -use pathway and fencing on the north side of the landscaping (south side of the buildable lots.) The multi -use pathway shall be constructed in accordance with the Meridian Parks Department's requirements. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 1.1.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path fencing shall be designed according to UDC 11-3A-7. 1.1.6 Maintenance of all common areas shall be the responsibility of the Benelli Springs Home Owners' Association. 1.1.7 Place a note on the face of the final plat that prohibits direct lot access to Locust Grove Road. Exhibit B — Page 1 CITY OF MERIDIAN PLANN06EPARTMENT STAFF REPORT FOR THE HEARINISTE OF SEPTEMBER 12, 2006 1.1.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway (Ten Mile Creek), that intersect, cross or lie within the area being subdivided shall be covered. 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. 1.1.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.1.10 The homes shall have slab -on -grade construction unless an alternative building technique is determined appropriate at the time of final plat approval. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-041) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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 still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of a sewer stub located in the Tuscany Development to the west. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B — Page 2 CITY OF MERIDIAN PLANAEPARTMENT STAFF REPORT FOR THE HEARINS OF SEPTEMBER 12, 2006 2.2 The applicant shall be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.3 No manholes or water valves shall be allowed to be placed in the landscape islands. If sewer or water mains are to be routed underneath them, then no trees will be allowed in the islands. The applicant shall coordinate with the Planning Department to meet this condition while still complying with all City Ordinance regarding landscaping. 2.4 Water service to this site is being proposed via extension of mains in Locust Grove. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 As part of the City of Meridian's "to and through" policy the applicant shall be required to extend water mains in the stub street proposed to the north. 2.6 The engineer shall be required to submit a stamped, signed certification that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 2.7 The submitted geo-technical report indicates that groundwater may be as shallow as 0-2 feet below existing grade. The City of Meridian requires three -feet of separation between the centerline of the road and the highest established groundwater elevation. The applicant shall clarify at the Public Hearing how they will accomplish this separation with the expected high groundwater. 2.8 The preliminary plat indicates that a portion of this development is in an A Flood Zone. It appears that Lots 7 and 8 Block 2 may be encumbered by this flood plain. Prior to signature on the final plat the applicant shall be required to submit a signed stamped letter from their Professional Engineer or Surveyor stating that no lots are encumbered by the flood plain. If any lots are within the flood plain, the applicant shall be required to determine the "Base Flood Elevation" and those buildings shall provide Base Flood Elevation Certification prior to building permits. 2.9 At final plat submittal the applicant shall dedicate 10 -foot public utility, drainage, and irrigation easements along all lot lines common to a public right-of-way, rear lot lines, exterior boundary of the subdivision, and centered on interior lot lines. 2.10 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.11 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.12 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling a pre -construction meeting. 2.13 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Exhibit B — Page 3 CITY OF MERIDIAN PLANNOEPARTMENT STAFF REPORT FOR THE HEARINJ& OF SEPTEMBER 12, 2006 2.14 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.15 If any existing houses are to be retained on site the applicant shall be responsible for the payment of assessments and the actual physical connection to the city services. 2.16 Any existing domestic wells and/or septic systems within this project shall be removed from 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. 2.17 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.18 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.19 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.20 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.21 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. 2.22 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. 2.23 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.24 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.25 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.26 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. 2.27 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department Exhibit B — Page 4 CITY OF MERIDIAN PLANN&PARTMENT STAFF REPORT FOR THE HEARIN(& OF SEPTEMBER 12, 2006 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.6 No parking will be allowed adjacent to Lots 7-13, Block 2. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.10 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.11 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. 4. Police Department Exhibit B — Page 5 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARIN*E OF SEPTEMBER 12, 2006 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Provide adequate lighting on lot ten (pathway). 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Specific Conditions oLAPDroval 7.1 With the approval of ACRD Development Review Staff, construct the internal streets as 36-fooy wide Swale sections with 2 -foot ribbon curd, 8 -foot swales, and 5 -foot detached concrete sidewalks within 64 feet of right-of-way. �J7 Construct internal streets as typical 36 -foot street sections with curb, gutter, and 5 -foot concrete sidewalk within 50 -feet of right-of-way. 7.2 Construct a stub to the north approximately 85 -feet west of the east property line (measured near the edge to property line), to be constructed as the Swale street section (same as internal streets). 7.3 Construct the stub to the east, Benelli Avenue, approximately 85 -feet south of the north property line (measured near edge to property line), to be constructed as the Swale street section (same as internal streets). 7.4 Construct a 7 -foot concrete sidewalk a minimum of 28 -feet from the centerline of Locust grove Road abutting the site within the right of way. The sidewalk should be constructed all the way to the south property line, across the Ten Mile Creek. 7.5 Dedicate 35 -feet of right of way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be Exhibit B — Page 6 CITY OF MERIDIAN PLANN&PARTMENT STAFF REPORT FOR THE HEARIN(& OF SEPTEMBER 12, 2006 completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right of way dedication after the receipt of all requested material. The owner will be paid the fair market value of the right of way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.6 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10b Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.1 lb It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B — Page 7 CITY OF MERIDIAN PLANNIKEPARTMENT STAFF REPORT FOR THE HEARINCW OF SEPTEMBER 12, 2006 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Nampa and Meridian Irrigation District 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected. 9.3 All easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B — Page 8 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARINCW OF SEPTEMBER 12, 2006 C. Legal Description TOOTHMAN-ORTON ENGINEERING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 - FAX 208-323.2399 boise@toengrco.com PROJECT: 06026 DATE: April 11, 2006 PAGE: I of 1 EXHIBIT "A" Description of Land for Annexation Purposes A parcel of land situated in the NW I/4 of the NW 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the W 1/4 corner of said Section 29, from which the corner common to Sections 19, 20, 29, and 30, Township 3 North, Range I East, Boise Meridian, bears N.00 14'20" E., 2645.64 feet; thence, along the westerly line of said section, A) N.0'14'20"E., 1693.64 feet to a point marking the southwesterly corner of said parcel, being the POINT OF BEGINNING; thence, continuing along said line, 1) N.0° 14'20"E., 419.39 feet; thence, parallel with the northerly line of said N W '/4, 2) S.89°34'36"E., 598.28 feet; thence, 3) S.0°11' 10"W., 263.72 feet to a found 5/8" iron pin; thence, 4) S.18002'20"W., 478.12 feet; thence, 5) N.56 -04'43"W., 543.62 feet to the POINT OF BEGINNING. CONTAINING 7.56 Acres more or less. SUBJECT TO any Covenants, Rights, Rights-of-way, Easements of Record, and any other encumbrances. REVIEW APPROVNI BYE pU%IC -,0RKS DEPT IC\06026\WPfiles\SURVEY'irxh-Final Bndy.doc BOISE - COEUR d'ALENE - CALDWEL1, Exhibit C — Page 1 CI'T'Y OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARING TE OF SEPTEMBER 12, 2006 O Q W Z U =) ozo 0-WU L n ~m Q(Yq a Q z `.` oo _ C X �m lel W �ZW Z Z '— Q � �yofW U W � Z WS~ �chF� Q N LL 0 �Wo Q �0W -i cn Exhibit C - Page 2 0 In M.OI, l LOOS - `M y � 'l 4 F' c33 �•w N vQO a h k p��s d• U S.�p��J4r 4 v 0 1 i I O Noma Q bj0 N Qz d X �, QO0 W o z 5;? E5 z o a 3 Cil o m O j 0 N 0 N�w>n O �$ Q Q W 0 O E -I W U W O Z^ z O (7n O = m F W - a 1=/1 W M.OI, l LOOS - `M y � 'l c33 �•w N j I 1 1 / / a N niN Q /r b;Nco �I : d zIz n r/ o_ IN _r N m / W � I I I 1 F Z a r /O � N Z N n .l9 Z£5 .6£'e lbc°fi t9'£69l m n 3.OZ.bl.00N --- -�� ---� OLS 31080 1 SR.907 S CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARINW OF SEPTEMBER 12, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-4 and R-8. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that future development of this property will comply with the established regulations and purpose statement of the R-4 and R-8 zones, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5E -3.E). The R4 and R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the future development in the vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zoning of this property to R4 and R-8 would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: Exhibit D — Page 1 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARINW OF SEPTEMBER 12, 2006 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission'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. 6. The development preserves significant natural, scenic or historic features. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance, if the Ten Mile Creek is left open and protected. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 2 September 22, 2006 RZ 06-006 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT John Flaherty Construction ITEM NO. 5-F REQUEST Findings for Approval -- Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes -- south of West Mcmillan Road and west of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date:_ Phone: -776-7330 Emailed: L 9 J Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER �� -'1 C s 1V B D 0'1 City Of Meridian #Y J�t rk Office 11averidian, d b.d_i j�az In the Matter of Re -Zoning 6.82 acres from R-8 to R-15 AND Preliminary Plat approval for 68 single-family residential building lots and 5 common lots on 11.05 acres in a proposed R-15 zone and existing R-8 Zone, by John Flaherty Construction. Case No(s). RZ-06-006 and PP -06-033 For the City Council Hearing Date of: September 12, 2006(findings on September 26, 2006 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP -06-033 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of SEPTEMBER 12, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 28, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 12, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP -06-033 0 • final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 12, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP -06-033 0 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD BREAKERTIE MAYOR T.,4,U (de',U-4-EJ ATTEST: �7•(iL S-ZAL WILLIAM G. BERG, JR. -r-L .p \ r ISA Copy served upon: ✓ Applic i;:' kW � ' 1+�+°+,,�� Planning D��'ent Public Works Department City Attorney �JO day of VOTED P-' VOTED VOTED__6q� VOTED VOTED By: Dated: C� O V ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP -06-033 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAW DATE OF September 12, 2006 STAFF REPORT Hearing Date: September 12, 2006 TO: Mayor & City Council FROM: Justin Lucas, Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Cedar Springs Townhomes e ITY ne s . 4 ILi,4�-li� RZ-06-006 — Rezone of 6.82 acres to R-15 (Medium High -Density Residential) PP -06-033 — Preliminary Plat of 68 building lots (48 in the proposed R-15 zone and 20 in the existing R-8 zone) and 5 common lots on 11.05 acres 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Flaherty Construction, has applied for Rezoning (RZ) of 6.82 acres from R-8 (Medium Low -Density Residential) to R-15 (Medium High -Density Residential), and Preliminary Plat (PP) approval of 68 residential building lots (48 attached single family units in the proposed R-15 zone and 20 detached single family units in the existing R-8 zone), and 5 common lots on 11.05 acres. The site is located on McMillan Road west of Meridian Road. This area received preliminary plat approval as Lot 18, Block 13 of the Cedar Springs North Subdivision. The original preliminary plat (PP -02-027) noted that this site was to be developed as attached single family units (the note reads "Future attached single family residential area"). This area received final plat approval as Lot 2, Block 36 of Cedar Springs Subdivision #4. The subject property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. The Commission should make recommendations to the Council on all of the subject applications. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Re -Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Cedar Springs Townhomes (RZ-06-006 and PP -06-033) with the conditions listed in Exhibit B of the Staff Reoort. The Meridian Planning and Zoning Commission heard these items on August 3 2006. At the public hearing they moved to recommend approval. On September 12, 2006 the Citv Council approved the subiect applications. a. Summary of Commission Public Hearing: i. In favor: Daren Fluke ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. — Courtyard design; ii. — Minimum lot sizes and shared drives c. Key Commission Changes to Staff Recommendation: i. — None d. Outstanding Issue(s) for City Council: i. — None Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 1 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEAeb DATE OF September 12, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-06-006 and PP -06-033 as presented in staff report for the hearing date of September 12, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06-006 and PP -06-033 as presented during the public hearing on September 12, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers RZ-06-006 and PP -06-033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North Summit Way; South side of McMillan Road, west of Meridian Road, in Section 36, Township 4 North, Range 1 West. b. Owners: John Flaherty Construction 6002 Franklin Road Boise, ID 83709 c. Applicant: Same as Owner d. Representative: Daren Fluke, JUB Engineers e. Present Zoning: R-8 (Medium Density Residential) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for Rezoning (RZ) of 6.82 acres from R-8 (Medium Low -Density Residential) to R-15 (Medium High -Density Residential), and Preliminary Plat (PP) approval of 68 residential building lots (48 attached single family units in the proposed R-15 zone and 20 detached single family units in the existing R-8 zone) and 5 common lots on 11.05 acres. The total gross density of this development is 6.15 dwelling units per acre. The gross density of each individual zone is 7.04 dwelling units per acre in the proposed R-15 zone, and 4.73 dwelling units per acre in the existing R-8 zone. Approximately 6% of the site is being set aside for open space. The site also includes a connection to a micro -pathway pathway within the Cedar Springs North Subdivision. 1. Date of preliminary plat (attached in Exhibit A): 6/28/06 2. Date of landscape plan (attached in Exhibit A): 5/19/06 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 2 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEA* DATE OF September 12, 2006 reason of the provisions of the Unified Development Code Title 11 Chapter 5, 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 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 17th and July 31St, 2006 (Planning Commission) August 21St and September 4th, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: July 7th, 2006 (Planning Commission) August 18th, 2006 (City Council) e. Applicant posted notice on site by: July 24th, 2006 (Planning Commission) September 2"d, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant. b. Description of Character of Surrounding Area: Much of the land surrounding this site is approved residential or office uses that are yet to be built. The most recent project is the proposed Cedar Creek Subdivision (AZ -06-009, PP -06-007) to the north. This area is rapidly transitioning from rural farmland to more urban land uses. c. Adjacent Land Use and Zoning 1. North: Land in Ada County, zoned RUT- see comment above 2. East: Future residential development, Amber Creek Subdivision, zoned R-8 3. South: Future Single Family Homes, zoned R-8, Cedar Springs North Subdivision 4. West: Future office use, zoned L -O, Cedar Springs North Subdivision d. History of Previous Actions: As stated earlier this site was part of the Cedar Springs North Subdivision (AZ -02-028 and PP -02-027) that was approved by the City Council on November 5, 2003. This site received final plat approval through Cedar Springs #4 (FP -03- 067) which was approved by City Council on January 13, 2004. The current proposal meets all of the conditions outlined in the development agreement and non -development agreement specifically issued for this site at the time of annexation. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently sewer stubbed to this property from mains installed with Cedar Springs Subdivision. Location of water: There is currently water stubbed to this property from mains installed with Cedar Springs Subdivision. Issues or concerns: None. 2. Floodplain: None. 3. Canals/Ditches Irrigation: The Lemp Canal traverses along the north side of this project. The City Council has typically not required the Lemp Canal to be tiled, as it Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 3 CITY OF MERIDIAN PLANNIN*PARTMENT STAFF REPORT FOR THE HEASbDATE OF September 12, 2006 would take a very large pipe. All other open ditches or laterals, that cross the subject site should be tiled in accordance with the UDC. 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: All of this property is currently zoned R-8. The applicant is proposing to rezone 6.82 acres of the 11.05 acres to R-15 (Medium High - Density Residential). 6. Size of Property: 11.05 acres f. Subdivision Plat Information: 1. Residential Lots: 68 2. Non-residential Lots: 0 3. Total Building Lots: 68 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 73 7. Gross Density: 6.15 dwelling units per acre (net 8.07 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25 -foot wide street buffer is required along McMillan Road, a minor arterial street (UDC 11-2A-6). This buffer was previously constructed with the Cedar Springs North Subdivision. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 6% (0.67 acres) of the site is being set aside for common open space. h. Amenities: Open space and pathway connecting to existing pathway system in the Cedar Springs North Subdivision to the south. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings and Townhomes to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 and R-15 (R-15 standards in parenthesis if different) Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) Garage (to sidewalk) Side Rear Frontage Lot Size 15 15 20 20 4 /0 4 /0 for attached walls 12 12 50 (10) 50 (10) 5,000 (2,400) 5,000 (2,400) k. Proposed and Required Non -Residential: Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 4 N/A CITY OF MERIDIAN PLANNINI&PARTMENT STAFF REPORT FOR THE HEAW DATE OF September 12, 2006 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): There is one existing access point (stub street) from Summit Way which connects to the subject property from the west. The applicant is also proposing to extend one stub street from the east that will connect with future development in the Amber Creek Subdivision. 7. AGENCY COMMENTS MEETING On July 14, 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, Meridian Parks and Recreation Department and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain up to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 68 single-family (20 detached and 48 townhomes) lots on 11.05 acres for a gross density of 6.15 dwelling units/acre. The proposed density is consistent with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner.- 0 anner.• The subject lands currently lie within the jurisdiction of the Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). This service will not change. • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACIID). 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 Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject rezone. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. McMillan Road is classified as an arterial roadway in this area. The proposed development does not take access from McMillan Road which is consistent with the comprehensive plan. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 5 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAW DATE OF September 12, 2006 incompatible land use development on adjacent parcels. North of the site are existing single-family dwellings. East of the site is a proposed single- family subdivision. West of the site is a mixed-use development with multi family dwellings. Northeast of the site are future high density multi family units and future commercial uses approved with Paramount Subdivision. Staff believes that the proposed development should be compatible with the existing land uses. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). A 25 foot wide landscape buffer already exists along McMillan Road. This buffer was constructed with the Cedar Springs North Subdivision. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to extend one stub streets to the east. This proposal will provide interconnectivity with the subdivisions to the east. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent project to the south, Cedar Springs North, has provided a pedestrian connection to this site. The applicant is proposing to extend this connection into this site. This proposal should enhance the community pathway system. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. • Chapter VII, Goal IV, Objective C, Action 10 -Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 6 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEA•G DATE OF September 12, 2006 apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject applications are requesting an R-15 zone with townhomes, and R-8 zoned lots with detached single-family homes. Stafffinds that this location is favorable for these zoning designations and housing types because of similar developments that have been constructed or approved in the vicinity. Staff also recognizes the importance ofproviding diverse housing types through out the community. The proposed development should help meet some of that demand. • Chapter VII Goal IV Objective D Action 7. Develop incentives for high-density development along major transportation corridors to support public transportation system. Staff finds that this location is favorable for such a development because of the access future residents will have to goods and services offered along McMillan Road. This type of density will also help to support any future public transportation that may run along this heavily traveled thoroughfare. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached dwellings as a permitted use in the R-8 zone and Townhomes as a permitted use in the R-15 zone. b. Purpose Statement of Zones: MEDIUM (R-8) AND MEDIUM-HIGH DENSITY (R-15) RESIDENTIAL DISTRICTS: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O -T, TN -C, and TN -R districts as set forth in Chapter 3 Article D. c. Common driveways: UDC 11 -6C -3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 7 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEA•G DATE OF September 12, 2006 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. d. General Standards: Some of the proposed lots do not comply with the standard lot size requirements of the R-8 zone established in the UDC. Dimensional modifications are being requested (see Exhibit B — Conditions of Approval for more detail). 10. ANALYSIS Analysis Leading to Staff Recommendation As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. However, there are some modifications to the site plan, the preliminary plat, and the landscape plan that staff would like to see made. In each section below, staff has listed the items that staff would like to see amended. 1. RZ Application: Based on the policies and goals contained in the Comprehensive Plan staff believes that this is a good location for a higher density development and the proposed R-15 zone. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 6/2/2006 by Ronald M. Hodge, PLS) shows the property within the existing corporate boundary of the City of Meridian. UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion as to not negatively impact nearby properties. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Cedar Creek Townhomes Subdivision as follows: 1. That all future development 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. Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 8 CITY OF MERIDIAN PLANNI*PARTMENT STAFF REPORT FOR THE HEAOG DATE OF September 12, 2006 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That 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. 7. That prior to issuance of any building permit, the subject property be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That a maximum of 68 dwelling units be constructed on this site. 9. That the applicant commits to construct the townhomes according to the elevations provided with the preliminary plat application (PP -06-033). 2. PP Application: Landscaping_ The landscape plan prepared by The Land Group, on 5-19-06, labeled Sheet 1.00, is approved with the following modifications/notes: • The proposed micro pathway shall comply with all micro pathway landscaping standards as described in UDC 11-3B-12. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit revised landscape plans with the final plat application. Street Buffers: The existing street buffer along McMillan road should be preserved and protected during construction of this subdivision. Minimum Lot Size: The minimum lot size in the R-8 zone is 5,000 square feet (see UDC 11-2A-5). Block 2, lots 13-16 have lot sizes that do meet this minimum requirement. These lots should be enlarged to meet the minimum lots size as described in the UDC. If the applicant chooses not to enlarge these lots it is possible that shared Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 9 CITY OF MERIDIAN PLANNINIOPARTMENT STAFF REPORT FOR THE HEA4i DATE OF September 12, 2006 drives could be used. The use of shared drives decreases the lot size requirement and would bring these lots into conformance (see UDC 11-2A-5). Such shared drive easements shall be noted on the plat. Common Driveways: All of the common driveways proposed in this development should meet the UDC standards (UDC 11 -6C -3D) as described above. Stub Streets: The applicant should be required to provide one public stub street to the Dyver Development, LLC property to the east, as proposed (Amber Creek, Parcel #S1129223505). Fencing: The applicant has proposed six foot solid fencing (what material?) around the entire perimeter of the development. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Cedar Springs Home Owners' Association. Ditches, Laterals, and Canals: The Lemp Canal runs along the northern boundary of this site. The City Council has regularly granted waivers of the requirement to tile the Lemp Canal, as it would take a 72 -inch pipe. Staff recommends that the City not require the applicant to tile the Lemp Canal abutting this site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway and the Lemp Canal, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, 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 UDC I1 -3A- 15 and MCC 9-1-28. Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers RZ-06-006 and PP -06-033 with the conditions listed in Exhibit B of the Staff ReportOn August 3, 2006 the Meridian Planning and Zoning Commission voted to recommend approval of the subject applications On September 12 2006 the City Council approved the subject applications Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 10 CITY OF MERIDIAN PLANNIN JOPARTMENT STAFF REPORT FOR THE HEAW DATE OF September 12, 2006 11 _ WI S. 110 11 A. Drawings 1. Preliminary Plat (dated: 6-28-06) 2. Landscape Plan (dated: 5-19-06) 3. Elevations 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 8. Central District Health Department C. Legal Descriptions D. Required Findings from Unified Development Code Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 11 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEA*b DATE OF September 12, 2006 A. Drawings 1. Preliminary Plat (dated: 6-28-06) ,' 4 ib80e�LEe ^4e . -AB WBBWnV 10 ny�BWe's o9E �1'Stl33NIE7N3 B'Rf f E �� _ _ ._ _ NVI ft09'1S'WIWNVtl'NLtl0.V9d"WWivcNWl?38 I'OT V(18fK SONpidStlV03�d09E7gOl9 E un 401Vld3NV I �' " e � ONYOI'Amoo Y0tl'Ntl Iron S3WMNMOI SONIUS MV033 m Ifo"-q"I•;.G; I I�I� l MM fl„ f _ I`-«"• __e1-_11=_8'219 ai018_e'.Nis�W A:R &ixARxR .JE �1 L. a6 1, 3 o tai. i y 1 kcit$ $ It- � o $s !3g8a8 �nli � x. N W t a c 'x a.a'e rrJ I � �� � •�7q :e �j N t • A ! • 'fit y}t,_ �,' ,B 0 q i . C �= • S aT� F na I ( • p R W - - -_ a '` �! 1FA Exhibit A —Page 1 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAW DATE OF September 12, 2006 2. Landscape Plan (dated 5-19-06) Exhibit A — Page 2 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HEA DATE OF September 12, 2006 3. Elevations Exhibit A — Page 3 CITY OF MERIDIAN PLANNII4EPARTMENT STAFF REPORT FOR THE HEO.5 DATE OF September 12, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-033) 1.1.1 The preliminary plat plan labeled Sheet No. 1 of 3, prepared by JUB Engineers, Inc., dated June 28, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-006) shall also be considered conditions of the Preliminary Plat (PP -06-033). 1.1.2 The landscape plan prepared by The Land Group, on 5-19-06, labeled Sheet 1.00, is approved with the following modifications/notes: • The proposed micro pathway shall comply with all micro pathway landscaping standards as described in UDC 11-3B-12. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non- vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B- 14. Submit revised landscape plans with the final plat application. 1.1.3 The lot sizes for Block 2, Lots 13-16 shall be expanded to 5,000 square feet or common drives shall be used to meet the minimum UDC requirements for lot sizes. 1.1.4 All of the common driveways proposed in this development shall meet the UDC standards for common driveways (UDC 11 -6C -3D). 1.1.5 The applicant shall provide one public stub street to the Dyver Development, LLC property to the east (Amber Creek Subdivision, Parcel #S 1129223505) . 1.1.6 Solid fencing shall be constructed around the perimeter of this site as proposed. 1.1.7 Maintenance of all common areas shall be the responsibility of the Cedar Springs Subdivision Homeowners' Association. 1.1.8 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Lemp Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B — Page I CITY OF MERIDIAN PLANNA&PARTMENT STAFF REPORT FOR THE HEA40G DATE OF September 12, 2006 1.1.9 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, 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 UDC 11-3A-15 and MCC 9-1-28. 1.1.10 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department. 1.1.11 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-021) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 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 fencing should be installed in accordance with City Code. 1.2.3 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. 1.2.4 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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 still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.6 Coordinate fire hydrant placement with the City of Meridian Public Works Department. Exhibit B — Page 2 CITY OF MERIDIAN PLANNOWPARTMENT STAFF REPORT FOR THE HEADG DATE OF September 12, 2006 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Cedar Springs Subdivision. The applicant shall install mains to and through this property; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains stubbed to this property in Cedar Springs Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant has indicated Settler's will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be submitted prior to scheduling a pre -construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All meter tiles located in a common driveway shall be upgraded to traffic rated materials per City of Meridian standard specifications. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, Exhibit B — Page 3 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HEA66 DATE OF September 12, 2006 drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Exhibit B — Page 4 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEA*G DATE OF September 12, 2006 e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four-plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 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. 3.12 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.13 There shall be no parking permitted on the proposed shared driveways. 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the Exhibit B — Page 5 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HESG DATE OF September 12, 2006 sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. Ada County Highway District Site Specific Conditions ofApproval 7.1a Construct a five foot detached concrete sidewalk south of the Lemp Canal within an easement provided to the district. 7.2a Construct all internal streets as 36 foot street sections with rolled curb, gutter and 5 -foot attached concrete sidewalk within 50 -feet of right of way as proposed. 7.3a Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". • The stub street to the east is proposed to be located 160 feet north of the southeast property line (measured property line to center line). 7.4a Construct one entrance road to intersect Summit Way located approximately 240 feet south of the northwest property line in alignment with an existing stub street located off summit way. 7.5a Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and Summit Way and shall be noted on the final plat. 7.6a Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit B — Page 6 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAOG DATE OF September 12, 2006 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. l Ob Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.11b It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 7 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HEOG DATE OF September 12, 2006 C. Legal Description Project: 10-06-010 Date: June 2, 2006 EXHIBIT A-1 PARCEL DESCRIPTION R-8 ZONE BOUNDARY That portion of the West'A of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the North 1/4 corner of Section 36, marked by a brass cap; thence along the Northerly boundary of the Northeast 1/4, South 89°27'39" East, 1,340.85 feet to the Northeast comer of the West A of the Northeast Y4; thence South 00°2844" West, 85.00 feet; thence North 89°27'39" West, 15.00 feet; thence South 00°28'44" West, 185.04 feet and the POINT OF BEGINNING; thence continuing South 00'2844" West, 512.80 feet; thence North 89°31'16" West, 190.67 feet; thence South 75°53'20" West, 328.18 feet; thence North 32°3421" West, 139.54 feet; thence North 80°3826" West, 128.98 feet; thence along a non -tangent curve to the left 101.07 feet, having a radius of 82.00 feet, a delta of 70"37'23", and a long chord which bears North 08° 5827" East, 94.80 feet; thence North 21'32'21" East, 39.18 feet; thence along a curve to the left 93.46 feet, having a radius of 255.00 feet, a delta of 21'0900", and a long chord which bears North 11 °0221" East, 92.94 feet; thence North 00°32'21" East, 177.41 feet; thence South 89°27'39" East, 116.00 feet; thence South 00°33'1(Y" West, 279.73 feet; thence along a non -tangent curve to the left 86.39 feet, having a radius of 55.00 feet, a delta of 90°00'00", and a long chord which bears South 44°26'21" East, 77.78 feet; thence South 89'26'20" East, 315.42 feet; thence along a non -tangent curve to the left 86.47 feet, having a radius of 55.00 feet, a delta of 90°04'34", and a long chard which bears North 45°31'22" East, 77.83 feet; thence North 00°33'10" East, 282.95 feet; thence along a non -tangent curve to the left 37.07 feet, having a radius of 55.00 feet, a delta of 38°37'21", and a long chord which bears North 18°49'57" West, 36.38 feet; thence North 66°00'06" East, 57.18 feet; thence South 88°4744" East, 85.07 feet to the POINT OF BEGINNING. Containing 4.224 acres, more or less. END OF DESCRIPTION. Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodee. P.L.S. REVI¢W APPROJJALr.� 857 MERIDIAN PUBLIC ;IVORKS DEPT. RMH/jch:lhc PAI)SR10-06.010 - Cedar Springs Townhomes\10.06.010-DES\Description\R-8 BNDRY.doc Exhibit C - Page I CITY OF MERIDIAN PLANNR*PARTMENT STAFF REPORT FOR THE HEOG DATE OF September 12, 2006 N 1/4 CORNER 25CP&F INTR.#103178916 McMillan Road E 1/16 36 S 89'27'39' E 1340.85' S 00'28'44' 85.00' N 89'27'39" 15.00' N66"00'06'E CURVE TABLE 'so S8977 39e E CURVE LENGTH RADIUS TANGENT DELTA I CHORD BEARING CHORD C1 101.07 82.00 58.08 70'37'23" N08'58'27'E 94.80 C2 93.46 255.00 47.26 21'00'00" N11'02'21"E 92.94 C3 86.39 55.00 55.00 90'00'00" S4426'21 "E 77.78 C4 86.47 55.00 55.07 90'04'34" N45'31'22"E 77.83 C5 37.07 55.00 19.27 38'37'21" N18'49'57"W 36.38 S 00'28'44' 85.00' N 89'27'39" 15.00' PUBIC DEPT. Exhibit C – Page 2 R-8 ZONING BOUNDARY N66"00'06'E SSS"4744' 85_,07' 'so S8977 39e E ! 57.18 �.. I .� 116_00' i u% vii I z l �I gal 1 i MI al NI LLI ZI of of Cil 1 j. 'CA SLE: 1"=100 $1 31 vl �I zlI N21'32'21'L I I col $I 39.1 S' ! I 1 S89'26'20=E 315.42- 15.42_/N80 /Neo*26'W I 4- - 128.98' y I N89'31'16_W 190.67 5 87 \\ 5i-ap�Ft OvI�Z�_ CEDAR SPRINGS J — SUBDIVISION NO. 8 ar 6, Z.,y ao PUBIC DEPT. Exhibit C – Page 2 R-8 ZONING BOUNDARY CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAIG DATE OF September 12, 2006 Project: 10-06-010 Date: June 2, 2006 EXHIBIT A-1 PARCEL DESCRIPTION R-15 ZONE BOUNDARY That portion of the West 1/2 of the Northeast Y of Section 36, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the North 1/4 corner of Section 36, marked by a brass cap; thence along the Northerly boundary of the Northeast Ya, South 89°27'39" East, 1,340.85 feet to the Northeast comer of the West h of the Northeast %; thence South 00°2844" West, 85.00 feet; thence North 89°27'39" West, 15.00 feet to the POINT OF BEGINNING; thence South 00°28'44" West, 185.04 feet; thence North 88°4744" West, 85.07 feet; thence South 66'00'06" West, 57.18 feet; thence along a non -tangent curve to the right 37.07 feet, having a radius of 55.00 feet, a delta of 38°37'21", and a long chord which bears South 18°49'57" East, 36.38 feet; thence South 00°33'10" West, 282.95 feet; thence along a non -tangent curve to the right 86.47 feet, having a radius of 55.00 feet, a delta of 90°04'34", and a long chord which bears South 45°31'22" West, 77.83 feet; thence North 89°26'20" West, 315.42 feet; thence along a non -tangent curve to the right 86.39 feet, having a radius of 55.00 feet, a delta of 90°0900", and a long chord which bears North 44'26'21" West, 77.78 feet; thence North 00°33'10" East, 279.73 feet; thence North 89'27'39" West, 116.00 feet; thence North 00°32'21" East, 245.24 feet; thence South 89"27'39" East, 666.24 feet to the POINT OF BEGINNING. Containing 6.822 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/jch:lhc REV1E�pRO�At�ji ``� 1tnti`yAy ��g�1G P:\DSF\10-06-010 - Cedar Springs Townhomes\10-06-010-DES\Description\R-15 5NDRY.doc Exhibit C — Page 3 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEA1G DATE OF September 12, 2006 N 1/4 CORNER CP&F INiR.#103178916 25 McMillan Rood E 1/16 CORNER - 36 S 89'2139' E 1340.85' REV EW APPRO A� 500'28'44' W 3Y 85.00' i -A 0zzz &z 910 5 �m U S89'27'39"E 666.24' CURVE TABLE CURVE LENGTH RADIUS TANGENT DELTA CHORD BEARING CHORD C1 37.07 55.00 19.27 3837'21" S18'49'57"E 36.38 C2 86.47 55.00 55.07 90'04'34" S45'31'22"W 77.83 C3 86.39 55.00 55.00 90'00'00" N4426'21"W 77.78 N 1/4 CORNER CP&F INiR.#103178916 25 McMillan Rood E 1/16 CORNER - 36 S 89'2139' E 1340.85' REV EW APPRO A� 500'28'44' W 3Y 85.00' i -A 0zzz &z 910 5 �m U R-15 ZONING BOUNDARY Exhibit C — Page 4 S89'27'39"E 666.24' N 89'27139' IN 15.0°' i•.I,. JGIAN PUBLIC r; QEPT. � t POINT OF BEGINNING N tel- 3 O �` N89*27'39'W 85.07' "WN8847 116_00' a, 1 S66.0001. _ I I 57.18 I ,I I rn r.l i OD i iC14I r -I o of of ZI FN89'26'20"W 315.42' 8575 of �q[p po� 1 e q SCALE„ 1 =100, R-15 ZONING BOUNDARY Exhibit C — Page 4 CITY OF MERIDIAN PLANNI*PARTMENT STAFF REPORT FOR THE HE#G DATE OF MARCH 16, 2006 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council fords that the proposed rezone, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-513-3.E). This fording is not applicable to the rezone request. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; City Council fords that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to Exhibit D — Page 1 CITY OF MERIDIAN PLANNII10PARTMENT STAFF REPORT FOR THE HEOG DATE OF MARCH 16, 2006 accommodate the proposed development; City Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; City Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See fmding Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission'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. F. The development preserves significant natural, scenic or historic features. City Council is unaware of any other natural, scenic or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 2 September 22, 2006 PP 06-033 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT John Flaherty Construction ITEM NO. 5-G REQUEST Findings for Approval — Request for Preliminary Plat approval of 48 attached single-family units in proposed R-15 zone, 20 detached single-family units in existing R-8 zone & 5 common common lots on 11.05 acres for Cedar Creek Townhomes AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: v MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED SEP 2 1 2006 Citl eridian Cid 2f k Office In the Matter of Re -Zoning 6.82 acres from R-8 to R-15 AND Preliminary Plat approval for 68 single-family residential building lots and 5 common lots on 11.05 acres in a proposed R-15 zone and existing R-8 Zone, by John Flaherty Construction. Case No(s). RZ-06-006 and PP -06-033 For the City Council Hearing Date oh September 12, 2006(fmdings on September 26, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 12, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP -06-033 9 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of SEPTEMBER 12, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 28, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 12, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP -06-033 0 0 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 12, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP -06-033 By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD WILLIAM G. BERG, Copy served upon: ApplicdMlrrrrr w",1+����`�� Planning Depaiment Public Works Department City Attorney • �A,- day of VOTED _j�� VOTED_ _Y% VOTED VOTED VOTED By: Dated: • ag- ®'V ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-06-006 and PP -06-033 CITY OF MERIDIAN PLANNINI&PARTMENT STAFF REPORT FOR THE HEA*G DATE OF September 12, 2006 STAFF REPORT Hearing Date: September 12, 2006 TO: Mayor & City Council FROM: Justin Lucas, Associate City Planner Meridian Planning Department 208-884-5533 SUBJECT: Cedar Springs Townhomes RZ-06-006 — Rezone of 6.82 acres to R-15 (Medium High -Density Residential) PP -06-033 — Preliminary Plat of 68 building lots (48 in the proposed R-15 zone and 20 in the existing R-8 zone) and 5 common lots on 11.05 acres 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, John Flaherty Construction, has applied for Rezoning (RZ) of 6.82 acres from R-8 (Medium Low -Density Residential) to R-15 (Medium High -Density Residential), and Preliminary Plat (PP) approval of 68 residential building lots (48 attached single family units in the proposed R-15 zone and 20 detached single family units in the existing R-8 zone), and 5 common lots on 11.05 acres. The site is located on McMillan Road west of Meridian Road. This area received preliminary plat approval as Lot 18, Block 13 of the Cedar Springs North Subdivision. The original preliminary plat (PP -02-027) noted that this site was to be developed as attached single family units (the note reads "Future attached single family residential area"). This area received final plat approval as Lot 2, Block 36 of Cedar Springs Subdivision #4. The subject property is within the Urban Service Planning Area and the corporate boundaries of the City of Meridian. 2. SUMMARY RECOMMENDATION The subject applications were submitted to the Planning Department for concurrent review. The Commission should make recommendations to the Council on all of the subject applications. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Re -Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Cedar Springs Townhomes (RZ-06-006 and PP -06-033) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on August 3 2006 At the public hearing they moved to recommend approval. On September 12, 2006 the Citv Council approved the subiect applications. a. Summary of Commission Public Hearing: i. In favor: Daren Fluke ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Justin Lucas v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. — Courtyard design; ii. — Minimum lot sizes and shared drives c. Key Commission Changes to Staff Recommendation: i. — None d. Outstanding Issue(s) for City Council: i. — None Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 1 CITY OF MERIDIAN PLANNINWPARTMENT STAFF REPORT FOR THE HE*G DATE OF September 12, 2006 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-06-006 and PP -06-033 as presented in staff report for the hearing date of September 12, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-06-006 and PP -06-033 as presented during the public hearing on September 12, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers RZ-06-006 and PP -06-033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North Summit Way; South side of McMillan Road, west of Meridian Road, in Section 36, Township 4 North, Range 1 West. b. Owners: John Flaherty Construction 6002 Franklin Road Boise, ID 83709 c. Applicant: Same as Owner d. Representative: Daren Fluke, RUB Engineers e. Present Zoning: R-8 (Medium Density Residential) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for Rezoning (RZ) of 6.82 acres from R-8 (Medium Low -Density Residential) to R-15 (Medium High -Density Residential), and Preliminary Plat (PP) approval of 68 residential building lots (48 attached single family units in the proposed R-15 zone and 20 detached single family units in the existing R-8 zone) and 5 common lots on 11.05 acres. The total gross density of this development is 6.15 dwelling units per acre. The gross density of each individual zone is 7.04 dwelling units per acre in the proposed R-15 zone, and 4.73 dwelling units per acre in the existing R-8 zone. Approximately 6% of the site is being set aside for open space. The site also includes a connection to a micro -pathway pathway within the Cedar Springs North Subdivision. 1. Date of preliminary plat (attached in Exhibit A): 6/28/06 2. Date of landscape plan (attached in Exhibit A): 5/19/06 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 2 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAOG DATE OF September 12, 2006 reason of the provisions of the Unified Development Code Title 11 Chapter 5, 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 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: July 17th and July 31 st, 2006 (Planning Commission) August 21s` and September 4h, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: July 7t`, 2006 (Planning Commission) August 18`h, 2006 (City Council) e. Applicant posted notice on site by: July 24th, 2006 (Planning Commission) September 2°a, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): The site is currently vacant. b. Description of Character of Surrounding Area: Much of the land surrounding this site is approved residential or office uses that are yet to be built. The most recent project is the proposed Cedar Creek Subdivision (AZ -06-009, PP -06-007) to the north. This area is rapidly transitioning from rural farmland to more urban land uses. c. Adjacent Land Use and Zoning 1. North: Land in Ada County, zoned RUT- see comment above 2. East: Future residential development, Amber Creek Subdivision, zoned R-8 3. South: Future Single Family Homes, zoned R-8, Cedar Springs North Subdivision 4. West: Future office use, zoned L -O, Cedar Springs North Subdivision d. History of Previous Actions: As stated earlier this site was part of the Cedar Springs North Subdivision (AZ -02-028 and PP -02-027) that was approved by the City Council on November 5, 2003. This site received final plat approval through Cedar Springs #4 (FP -03- 067) which was approved by City Council on January 13, 2004. The current proposal meets all of the conditions outlined in the development agreement and non -development agreement specifically issued for this site at the time of annexation. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There is currently sewer stubbed to this property from mains installed with Cedar Springs Subdivision. Location of water: There is currently water stubbed to this property from mains installed with Cedar Springs Subdivision. Issues or concerns: None. 2. Floodplain: None. 3. Canals/Ditches Irrigation: The Lemp Canal traverses along the north side of this project. The City Council has typically not required the Lemp Canal to be tiled, as it Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 3 CITY OF MERIDIAN PLANNIIOPARTMENT STAFF REPORT FOR THE HEOG DATE OF September 12, 2006 would take a very large pipe. All other open ditches or laterals, that cross the subject site should be tiled in accordance with the UDC. 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: All of this property is currently zoned R-8. The applicant is proposing to rezone 6.82 acres of the 11.05 acres to R-15 (Medium High - Density Residential). 6. Size of Property: 11.05 acres f. Subdivision Plat Information: 1. Residential Lots: 68 2. Non-residential Lots: 0 3. Total Building Lots: 68 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 73 7. Gross Density: 6.15 dwelling units per acre (net 8.07 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 25 -foot wide street buffer is required along McMillan Road, a minor arterial street (UDC 11-2A-6). This buffer was previously constructed with the Cedar Springs North Subdivision. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 6% (0.67 acres) of the site is being set aside for common open space. h. Amenities: Open space and pathway connecting to existing pathway system in the Cedar Springs North Subdivision to the south. i. Off -Street Parking: UDC 11-3C-6 requires single-family detached dwellings and Townhomes to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-8 and R-15 (R-15 standards in parenthesis if different) Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Garage (to sidewalk) 20 20 Side 4 /0 4 /0 for attached walls Rear 12 12 Frontage 50 (10) 50 (10) Lot Size 5,000 (2,400) 5,000 (2,400) k. Proposed and Required Non -Residential: N/A Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 4 CITY OF MERIDIAN PLANNIAWPARTMENT STAFF REPORT FOR THE HEOG DATE OF September 12, 2006 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): There is one existing access point (stub street) from Summit Way which connects to the subject property from the west. The applicant is also proposing to extend one stub street from the east that will connect with future development in the Amber Creek Subdivision. 7. AGENCY COMMENTS MEETING On July 14, 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, Meridian Parks and Recreation Department and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain up to eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 68 single-family (20 detached and 48 townhomes) lots on 11.05 acres for a gross density of 6.15 dwelling units/acre. The proposed density is consistent with the anticipated density for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner.- 0 anner.• The subject lands currently lie within the jurisdiction of the Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). This service will not change. • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRID). 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 Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject rezone. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. McMillan Road is classified as an arterial roadway in this area. The proposed development does not take access from McMillan Road which is consistent with the comprehensive plan. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 5 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAOG DATE OF September 12, 2006 incompatible land use development on adjacent parcels. North of the site are existing single-family dwellings. East of the site is a proposed single- family subdivision. West of the site is a mixed-use development with multi family dwellings. Northeast of the site are future high density multi family units and future commercial uses approved with Paramount Subdivision. Staff believes that the proposed development should be compatible with the existing land uses. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). A 2S foot wide landscape buffer already exists along McMillan Road. This buffer was constructed with the Cedar Springs North Subdivision. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land -use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to extend one stub streets to the east. This proposal will provide interconnectivity with the subdivisions to the east. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent project to the south, Cedar Springs North, has provided a pedestrian connection to this site. The applicant is proposing to extend this connection into this site. This proposal should enhance the community pathway system. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • Chapter VII, Goal I, Objective D, Action 9: Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction of any buildings, fencing should be constructed around the perimeter of this site. • Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi -family, townhouses, duplexes, Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 6 CITY OF MERIDIAN PLANNI*PARTMENT STAFF REPORT FOR THE HEAlG DATE OF September 12, 2006 apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject applications are requesting an R-15 zone with townhomes, and R-8 zoned lots with detached single-family homes. Stafffinds that this location is favorable for these zoning designations and housing types because of similar developments that have been constructed or approved in the vicinity. Staff also recognizes the importance of providing diverse housing types through out the community. The proposed development should help meet some of that demand. • Chapter VII Goal IV Objective D Action 7. Develop incentives for high-density development along major transportation corridors to support public transportation system. Stafffinds that this location is favorable for such a development because of the access future residents will have to goods and services offered along McMillan Road. This type of density will also help to support any future public transportation that may run along this heavily traveled thoroughfare. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached dwellings as a permitted use in the R-8 zone and Townhomes as a permitted use in the R-15 zone. b. Purpose Statement of Zones: MEDIUM (R-8) AND MEDIUM-HIGH DENSITY (R-15) RESIDENTIAL DISTRICTS: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O -T, TN -C, and TN -R districts as set forth in Chapter 3 Article D. c. Common driveways: UDC 11 -6C -3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 7 CITY OF MERIDIAN PLANND*PARTMENT STAFF REPORT FOR THE HE*G DATE OF September 12, 2006 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. d. General Standards: Some of the proposed lots do not comply with the standard lot size requirements of the R-8 zone established in the UDC. Dimensional modifications are being requested (see Exhibit B — Conditions of Approval for more detail). 10. ANALYSIS Analysis Leading to Staff Recommendation As submitted, the subject applications appear to substantially comply with the Unified Development Code and the Comprehensive Plan. However, there are some modifications to the site plan, the preliminary plat, and the landscape plan that staff would like to see made. In each section below, staff has listed the items that staff would like to see amended. 1. RZ Application: Based on the policies and goals contained in the Comprehensive Plan staff believes that this is a good location for a higher density development and the proposed R-15 zone. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 6/2/2006 by Ronald M. Hodge, PLS) shows the property within the existing corporate boundary of the City of Meridian. UDC 11-513-3132 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion as to not negatively impact nearby properties. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Cedar Creek Townhomes Subdivision as follows: That all future development 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. Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 8 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HEAIDG DATE OF September 12, 2006 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That 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. 7. That prior to issuance of any building permit, the subject property be subdivided (a recorded final plat) in accordance with the City of Meridian Unified Development Code. 8. That a maximum of 68 dwelling units be constructed on this site. 9. That the applicant commits to construct the townhomes according to the elevations provided with the preliminary plat application (PP -06-033). 2. PP Application: Landscaping_ The landscape plan prepared by The Land Group, on 5-19-06, labeled Sheet 1.00, is approved with the following modifications/notes: • The proposed micro pathway shall comply with all micro pathway landscaping standards as described in UDC 11-313-12. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-313-14. Submit revised landscape plans with the final plat application. Street Buffers: The existing street buffer along McMillan road should be preserved and protected during construction of this subdivision. Minimum Lot Size: The minimum lot size in the R-8 zone is 5,000 square feet (see UDC 11-2A-5). Block 2, lots 13-16 have lot sizes that do meet this minimum requirement. These lots should be enlarged to meet the minimum lots size as described in the UDC. If the applicant chooses not to enlarge these lots it is possible that shared Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 9 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HE*G DATE OF September 12, 2006 drives could be used. The use of shared drives decreases the lot size requirement and would bring these lots into conformance (see UDC 11-2A-5). Such shared drive easements shall be noted on the plat. Common Driveways: All of the common driveways proposed in this development should meet the UDC standards (UDC 11 -6C -3D) as described above. Stub Streets: The applicant should be required to provide one public stub street to the Dyver Development, LLC property to the east, as proposed (Amber Creek, Parcel #S1129223505). Fencing: The applicant has proposed six foot solid fencing (what material?) around the entire perimeter of the development. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro -path /multi -use fencing shall be designed according to UDC 11-3A-7. Common Areas: Maintenance of all common areas shall be the responsibility of the Cedar Springs Home Owners' Association. Ditches, Laterals, and Canals: The Lemp Canal runs along the northern boundary of this site. The City Council has regularly granted waivers of the requirement to tile the Lemp Canal, as it would take a 72 -inch pipe. Staff recommends that the City not require the applicant to tile the Lemp Canal abutting this site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway and the Lemp Canal, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, 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 UDC 11-3A- 15 and MCC 9-1-28. Staff Recommendation: Based on the facts provided in this report, staff recommends approval of File Numbers RZ-06-006 and PP -06-033 with the conditions listed in Exhibit B of the Staff Roort. On August 3, 2006 the Meridian Planning and Zoning_ Commission voted to recommend approval of the subject applications. On September 12, 2006 the City Council approved the subject applications. Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 10 CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE HE4kG DATE OF September 12, 2006 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 6-28-06) 2. Landscape Plan (dated: 5-19-06) 3. Elevations 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 8. Central District Health Department C. Legal Descriptions D. Required Findings from Unified Development Code Cedar Springs Townhomes RZ-06-006/PP-06-033 PAGE 11 CITY OF MERIDIAN PLANNIN&PARTMENT STAFF REPORT FOR THE HEAgb DATE OF September 12, 2006 A. Drawings 1. Preliminary Plat (dated: 6-28-06) 17 4 9CtBCtt RM att'att t2 C48a"SOIQ a^ea^Y0 SO4L aw'sm3NlE)v3errr 7n.• - "''�"_--.-•...---_.:—_ ___ --�.1---"" — - umo3mtM04J3<Y W IMoa'1S M 1 RUM HIUM t d4 MWI §C 110,13S tnm ua4tlSs�Nwas etl03�lo 4cawl6 Ltol aolw3lld ;:; �, aC�L4Y: e� �r ORMA 03 iaVVIGMN S3 WOHNM015JMHdSHV030 arm er+axu rr I8, � �6' I is 51 ¢w dl R�E I cX e pg gk��j•I9'_'^'1I' i'u•l?'G']0S98G Op�Xsi� ��:$€' j It 411.,9'SI88 19 C'RrC1p PR R;RGA&R pggg Fp ; i I U_ .. J�______�._ __I___ 1 yyyyyyyyyypp 9 {{pp f '� ��� �tf� SII 1�b' ; S�-g 4'• { �� 1 , . • B a o�+�: .. � + � R � a 7 a�, '��{g �� fY��iSiii � 8�B � a ss in I, I i l u i d{HY/j aa a s i I i III � R i • _ �11 I R 9 i la 1 _ �1I lit ♦`�lltaaR 11 Exhibit A —Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAG DATE OF September 12, 2006 2. Landscape Plan (dated 5-19-06) Exhibit A — Page 2 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF September 12, 2006 3. Elevations i'ljK�4�lt . A Exhibit A — Page 3 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARING DATE OF September 12, 2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP -06-033) 1.1.1 The preliminary plat plan labeled Sheet No. 1 of 3, prepared by JUB Engineers, Inc., dated June 28, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-006) shall also be considered conditions of the Preliminary Plat (PP -06-033). 1.1.2 The landscape plan prepared by The Land Group, on 5-19-06, labeled Sheet 1.00, is approved with the following modifications/notes: • The proposed micro pathway shall comply with all micro pathway landscaping standards as described in UDC 11-3B-12. • All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-313-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non- vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-313- 14. Submit revised landscape plans with the final plat application. 1.1.3 The lot sizes for Block 2, Lots 13-16 shall be expanded to 5,000 square feet or common drives shall be used to meet the minimum UDC requirements for lot sizes. 1.1.4 All of the common driveways proposed in this development shall meet the UDC standards for common driveways (UDC 11 -6C -3D). 1.1.5 The applicant shall provide one public stub street to the Dyver Development, LLC property to the east (Amber Creek Subdivision, Parcel #51129223505). 1.1.6 Solid fencing shall be constructed around the perimeter of this site as proposed. 1.1.7 Maintenance of all common areas shall be the responsibility of the Cedar Springs Subdivision Homeowners' Association. 1.1.8 All irrigation ditches, laterals or canals, exclusive of natural waterways and the Lemp Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by the Irrigation District(s). 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 prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. Exhibit B — Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HAG DATE OF September 12, 2006 1.1.9 Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, 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 UDC 11-3A-15 and MCC 9-1-28. 1.1.10 No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department. 1.1.11 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP -06-021) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 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 fencing should be installed in accordance with City Code. 1.2.3 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. 1.2.4 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.5 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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 still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.6 Coordinate fire hydrant placement with the City of Meridian Public Works Department. Exhibit B — Page 2 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HAG DATE OF September 12, 2006 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Cedar Springs Subdivision. The applicant shall install mains to and through this property; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains stubbed to this property in Cedar Springs Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 94-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant has indicated Settler's will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be submitted prior to scheduling a pre -construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All meter tiles located in a common driveway shall be upgraded to traffic rated materials per City of Meridian standard specifications. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from 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. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, Exhibit B — Page 3 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEA*G DATE OF September 12, 2006 drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 -feet, height for 250 watt fixtures is 30 -feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Exhibit B — Page 4 CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HE• G DATE OF September 12, 2006 e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. i. Fire sprinklers required for four-plexes. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Public Works Dept. Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.10 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.11 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. 3.12 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.13 There shall be no parking permitted on the proposed shared driveways. 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the Exhibit B — Page 5 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HE*G DATE OF September 12, 2006 sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. Ada County Highway District Site Specific Conditions oL-4pproval 7.1a Construct a five foot detached concrete sidewalk south of the Lemp Canal within an easement provided to the district. 7.2a Construct all internal streets as 36 foot street sections with rolled curb, gutter and 5 -foot attached concrete sidewalk within 50 -feet of right of way as proposed. 7.3a Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". • The stub street to the east is proposed to be located 160 feet north of the southeast property line (measured property line to center line). 7.4a Construct one entrance road to intersect Summit Way located approximately 240 feet south of the northwest property line in alignment with an existing stub street located off summit way. 7.5a Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and Summit Way and shall be noted on the final plat. 7.6a Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 7.1b Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2b Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 7.3b All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.4b Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.5b Comply with the District's Tree Planter Width Interim Policy. 7.6b Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.7b All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Exhibit B — Page 6 CITY OF MERIDIAN PLANNIAEPARTMENT STAFF REPORT FOR THE HEIRG DATE OF September 12, 2006 7.8b The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.9b Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.10b Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.11b It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.12b No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.13b Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B — Page 7 CITY OF MERIDIAN PLANNINOEPARTMENT STAFF REPORT FOR THE HE*G DATE OF September 12, 2006 C. Legal Description Project: 10-06-010 Date: June 2, 2006 EXHIBIT A-1 PARCEL DESCRIPTION R-8 ZONE BOUNDARY That portion of the West %z of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the North 1/4 corner of Section 36, marked by a brass cap; thence along the Northerly boundary of the Northeast 1/4, South 89°27'39" East, 1,340.85 feet to the Northeast corner of the West %2 of the Northeast Y4; thence South 00°2844" West, 85.00 feet; thence North 89°27'39" West, 15.00 feet; thence South 00°28'44" West, 185.04 feet and the POINT OF BEGINNING; thence continuing South 00°28'44" West, 512.80 feet; thence North 89'31'16" West, 190.67 feet; thence South 75°53'20" West, 328.18 feet; thence North 32°34'21" West, 139.54 feet; thence North 80°3826" West, 128.98 feet; thence along a non -tangent curve to the left 101.07 feet, having a radius of 82.00 feet, a delta of 70"37'23" and a long chord which bears North 08°58'27" East, 94.80 feet; thence North 21'32'21" East, 39.18 feet; thence along a curve to the left 93.46 feet, having a radius of 255.00 feet, a delta of 21 °00'00", and a long chord which bears North 11'02'21" East, 92.94 feet; thence North 00°32'21" East, 177.41 feet; thence South 89°27'39" East, 116.00 feet; thence South 00°33'10" West, 279.73 feet; thence along a non -tangent curve to the left 86.39 feet, having a radius of 55.00 feet, a delta of 90"00'00", and a long chord which bears South 44°2621" East, 77.78 feet; thence South 89"26'20" East, 315.42 feet; thence along a non -tangent curve to the left 86.47 feet, having a radius of 55.00 feet, a delta of 90`04'34", and a long chord which bears North 45°31'22" East, 77.83 feet; thence North 00°33'10" East, 282.95 feet; thence along a non -tangent curve to the left 37.07 feet, having a radius of 55.00 feet, a delta of 38°3T21", and a long chord which bears North 18°49'57" West, 36.38 feet; thence North 66°00'06" East, 57.18 feet; thence South 88°47'44" East, 85.07 feet to the POINT OF BEGINNING. Containing 4.224 acres, more or less. END OF DESCRIPTION. Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge. P.L.S. REVI W APPROVALr� RfQ BY 857 0 7 c OF \gyp 4 / MERMAN PUBLIC _nV 4voRKS DEPT. RMH/jch:lhc P:\DSF\10.06.010 - Cedar Springs Townhomes\10-06.010-DES\Description\R-8 BNDRY.doc Exhibit C - Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEING DATE OF September 12, 2006 N 1/4 CORNER CP&F INTR.#103178916 Zs McMillan Road E 1/16 CORNER 38 S 89'27'39" E 1340.85' S 00'28'44' 85.00' N 89'27'39" 15.00' CURVE TABLE N66'00'06"E CURVE LENGTH RADIUS TANGENT DELTA I CHORD BEARING CHORD C1 101.07 82.00 58.08 70'37'23" N08'58'27"E 94.80 C2 93.46 255.00 47.26 21'00'00" N11*02'21"E 92.94 C3 86.39 55.00 55.00 90'00'00" 544'26'21"E 77.78 C4 86.47 55.00 55.07 90'04'34" N45'31'22"E 77.83 C5 37.07 55.00 19.27 38'37'21" N18'49'S7"W 36.38 N 89'27'39" 15.00' Exhibit C — Page 2 N89 31 °16"W 190.67' J \ �L F. Ov�i�t�� CEDAR SPRINGS SUBDIVISION NO. 8 PUBLIC DEPT. R-8 ZONING BOUNDARY O F - Z O 0 - S88"47'44' N66'00'06"E 85.07' 3 S89'27'39"E 57.18 �.. I 116_00' I _ - v1 �I " I r •I l I M Z WI ^I o l _ i1 nI ; Go ni 04 NI OI. _ OI of Z - OI NI 1 0 I 50 0; 1 SCALE: 0 1 gl I $j 31 ZI -Co/ I I I NI N21'32'21"C I 81 1 S89 26'20_E 315.42- C/ _ I I / Neo 38'26"W _ 128.98' Exhibit C — Page 2 N89 31 °16"W 190.67' J \ �L F. Ov�i�t�� CEDAR SPRINGS SUBDIVISION NO. 8 PUBLIC DEPT. R-8 ZONING BOUNDARY O F - Z O 0 - CITY OF MERIDIAN PLANNIMEPARTMENT STAFF REPORT FOR THE HE*G DATE OF September 12, 2006 Project: 10-06-010 Date: June 2, 2006 EXHIBIT A-1 PARCEL DESCRIPTION R-15 ZONE BOUNDARY That portion of the West 1/z of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the North 1/4 comer of Section 36, marked by a brass cap; thence along the Northerly boundary of the Northeast 1/4, South 89°27'39" East, 1,340.85 feet to the Northeast corner of the West 1/2 of the Northeast 1/4; thence South 00°2844" West, 85.00 feet; thence North 89°27'39" West, 15.00 feet to the POINT OF BEGINNING; thence South 00°28'44" West, 185.04 feet; thence North 88°4744" West, 85.07 feet; thence South 66°00'06" West, 57.18 feet; thence along a non -tangent curve to the right 37.07 feet, having a radius of 55.00 feet, a delta of 38`37'21", and a long chord which bears South 18°49'57" East, 36.38 feet; thence South 00°33'10" West, 282.95 feet; thence along a non -tangent curve to the right 86.47 feet, having a radius of 55.00 feet, a delta of 90"04'34", and a long chord which bears South 45°31'22" West, 77.83 feet; thence North 89°26'20" West, 315.42 feet; thence along a non -tangent curve to the right 86.39 feet, having a radius of 55.00 feet, a delta of 90"0900", and a long chord which bears North 44'26'21" West, 77.78 feet; thence North 00°33'10" East, 279.73 feet; thence North 89°27'39" West, 116.00 feet; thence North 00°32'21" East, 245.24 feet; thence South 89°27'39" East, 666.24 feet to the POINT OF BEGINNING. Containing 6.822 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. r 'pfa G 8575 C� \1'p 9lF 0 F \gyp mak' �q( 0 M. RMH/jch:lhc FLEVVE i 1�pROvi' L�j gY Ay PV gjVG P:\DSF\10-06-010 - Cedar Springs Townhomes\10-06.010-DES\Description\R-15 BNDRY.doc Exhibit C — Page 3 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE*G DATE OF September 12, 2006 N 1/4 CORNER CP&F INTR.#103178916 25 __06�f — — — — — - 36 REV EW APPRO AL 3Y McMillan Road E 1/16 CORNER — S 89'27'39' E 1340.85' 5 00'28'44' W 85.00' T v S8927'39"E 666.24' CURVE TABLE •. r..P,IntAN PUBLIC �• QEPT. POINT OF BEGINNING CURVE LENGTH RADIUS TANGENT DELTA CHORD BEARING CHORD C1 37.07 55.00 19.27 38'37'21" 518'49'57"E 36.38 C2 86.47 55.00 55.07 90'04'34" 545'31'22"W 77.83 C3 56.39 55.00 55.00 90'00'00" N4426'21"W 77.78 N 1/4 CORNER CP&F INTR.#103178916 25 __06�f — — — — — - 36 REV EW APPRO AL 3Y McMillan Road E 1/16 CORNER — S 89'27'39' E 1340.85' 5 00'28'44' W 85.00' T v S8927'39"E 666.24' N 89'27'39' W 15.00' +� •. r..P,IntAN PUBLIC �• QEPT. POINT OF BEGINNING E E N I to i q1 Wi I 'cV N89'27'39 "1N 85.07'LL 116.00' r ` S66 0001, z I I 57.18 &z so 01 o I 04 cV iU do I N I W � 31 I Z� I NI L N89'26'20"W 315.42' — — — Exhibit C – Page 4 1 SCALE' 1"=IOU 100 o R-15 ZONING BOUNDARY CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEG DATE OF MARCH 16, 2006 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed rezone, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). This fording is not applicable to the rezone request. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; City Council fords that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to Exhibit D — Page 1 CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HE G DATE OF MARCH 16, 2006 accommodate the proposed development; City Council finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council fmds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; City Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) E. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission'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. F. The development preserves significant natural, scenic or historic features. City Council is unaware of any other natural, scenic or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D — Page 2 0 September 22, 2006 0 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT ITEM NO. 5-H REQUEST Water Main Easement Agreement for All Valley Animal Care by Boise Valley Common 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: Contacted: COMMENTS See affached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER AVID NAVARRO AMOUNT .00 BOISE IDAHO 10/WU 01:68 PM DEPUTY Paftl Thompson RECORDED -REQUEST OF il! II 1 Cif+ of Maridian 106158942 THIS INDENTURE, made this I day of AIJ 1 , 20 06 between 601% N,dt.U?f the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and Property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, 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 waxer main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) . The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection 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 HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its 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 adjacent 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 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 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 theroof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR pt.1 of 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 WITNESS WB EREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ) ss County of Ada ) On this ��' day of 0 before me, the undersigned, a Notary Public in and for said State, personally pgearedWtbe i and known or identified to me President and S ,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 wriU=-.. . Residing at Commission Expires: Water Main Easement EASMT WTR Pacm a of • GRANTEE: CITY OF MERIDIAN ```` 1%1nuu►rHrrr10 Tammy de Weerd, M or � OF /jam Cid � Attest by William G. Berg, city Clerk - SICAL Approved By City Council On: q,- 111rr►rrrr► Imo' STATE OF IDAHO, . ss. County of Ada, ) • On this 7, �day of a CA0V')R1V , 204 before nae, 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) Shap 4ex--7 NOTARY PUBLIC FOR IDAHO Residing at: YY1, A V)a- id Commission Expires: f 0--/5=- /1 Water Main Easement EASMT WTR Paan � of -5- n August 16, 2006 Project No. 05305 Legal Description Lot 13, Block 3 Destination Place Waterline Easement 753 Square Feet THE LAND GROUP, INC. EXE[lBIT "A" An easement for the purpose of construction, access and maintenance of water facilities being a portion of Lot 13, Block 3 of Destination Place Subdivision (a recorded subdivision on file in Book 93 of Plats at pages 11190-11192, inclusive, records of Ada. County Idaho) situated in a portion of the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 5/8 -inch steel pin monumenting the southwest corner of Lot 13, Block 3 of Destination Place Subdivision, thence North 00°28'21" East a distance of 46.14 feet to the POINT OF BEG]NNING. Thence North 00°28'21" East a distance of 26.54 feet to a point, Thence South 89°31'39" East a distance of 28.36 feet to a point; Thence South 00°28'21" West a distance of 26.54 feet to a point; Thence North 89°31'39" West a distance of 28.36 feet to the POINT OF BEGINNING. The above described easement contains 753 square feet, more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a p hereof. . C Prepared By: THE LAND GROUP, INC. 462 Jr— SHORE DRIVE, SUITE 100 EAGLE,'IDAHO 83616 208-939-4041 208-939-4445 (FAX) O Lm&c#e.4r,hW m • Site Planning • CW Engmeering • GoIJ'OMe.1m.9 Oft &Engineering • Gr*&V C#1=*Vicatian 462 E. Shore Drive, Ste.100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • WAVW.thelandg 2 iinc com G:\2005\05305\I,L_060816ballard_05305b20.doc »� nf� c W N N BEARING IL w J m � N 001 � g N89'31'39"W o J W O I EXISTING ht 1 30' ACCESS AND 19 1 UTILITY EASEMENT 19- I h K LOT 14 BLOCK 3 �t 10 DESTINATION PLACE 18 a . m"4 R�gg56.309 L 1 OB27" D r a:;7 9.53 56 Ghor d d�192.29 BRASS CAP R -O --W MONUMENT PER DESTINATION PLACE SUBDIVISION 5/8" STEEL PIN PER DESTINATION PLACE SUBDIVISION (TYP) LOT A BLOCK 3 DESTINATION PLACE EASEMENT AREA 52s3 LINE TABLE UNE LENGTH BEARING L1 214V N 2821"E L2 36' N8 '31'39"W 0 6. 541 S 028'21"W L41 2.36' N89'31'39"W 242.24' ISTD- W-F-� I LOT A BLOCK 3 a a 11575 a I DESTINATION PLACE 1 � I Sole: 1 "=60' V% /r►—M THE LAND GROUP, INC."B" August 2006 t !; --. ;aa � nn Exhibit B oSM5 -�Destination Place Lot 13, Blk 2 of Waterline Easement 1 Of'1 U City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/15/2006 Re: Proposed Agenda Items for 9/26/06 City Council Meeting City of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 9/26/06 City Council agenda, on the Consent Agenda, for -Council's consideration: 1) Water Main Easement for All Valley Animal Care by Boise Valley Common. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for All Valley Animal Care by Boise Valley Common and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • THIS INDENTURE, made this 16 day of AV (n '20 06 between 501% VAl:c of the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe 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 EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection 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 HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its 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 adjacent 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 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 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 EASMT WTR 0 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 WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Wes ident N /A Secr tary STATE OF IDAHO ) ) ss County of Ada ) On this //- day of 20 ® before me, the undersigned, a Notary Public in and for said State, personally(Appeared _ I `I d_ 17 and known or identified to me tobe the President and Sebmiary, 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 wriUam_ Residing at Commission Expires: Water Main Easement EASMT WTR 0 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 , 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 EASMT WTR THE LAND GROUP,- INC. August 16, 2006 Project No. 05305 Legal Description Lot 13, Block 3 Destination Place Waterline Easement 753 Square Feet 0 An easement for the purpose of construction, access and maintenance of water facilities being a portion of Lot 13, Block 3 of Destination Place Subdivision (a recorded subdivision on file in Book 93 of Plats at pages 11190-11192., inclusive, records of Ada County Idaho) situated in a portion of the Southeast One Quarter of the Southwest One Quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a 5/8 -inch steel pin monumenting the southwest corner of Lot 13, Block 3 of Destination Place Subdivision, thence North 00°28'21" East a disiance of 46.14 feet to the POINT OF BEGINNING. Thence North 00°28'21" East a distance of 26.54 feet to a point; Thence South 89°31'39" East a distance of 28.36 feet to a point; Thence South 00°28'21" West a distance of 26.54 feet to a point; Thence North 89°31'39" West a distance of 28.36 feetlb the POINT OF BEGINNING. The above described easement contains 753 square feet, more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a parthereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100Oer EAGLE, IDAHO 83616 ,�'-x 208-939-4041 208-939-4445 (FAX) 68 _'6 —go & Ar Lmdreape Arc&teaure • Site Planning • Czxl Engineering • Golf Course Irrigation & Engineering • Grapbzc Commumcatzon 462 E. Shore Drive, Ste.100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www.thelandamil inc.com G:\2005\05305\LL 060816ballard_05305h20.doc EXISTING 30' ACCESS AND—j M UTILITY EASEMENT I LOT 10, BLOCK 3 110 ' o DESTINATION PLACE to L w� T S TE��a a WAS 11575 4 i I I�EASEMENT AREA r I M J UNE TABLE //.i% TIE LAND GROUP, INC. �' /►i A;Zf 656.3 �9, 81'39'27"E LENGTH BEARING L1 ,=9656.3R -9 52.93' N00"28'21 "E L2 28.36' x.192 ;2° D -1 0827 ' 56"E go 53 L3 26.54 S00*2W21 "W oi d Br d-192 29. Ch7 Ch o 28.36' N89'31'39"W _ (E0 BRASS CAP R—O—W 1 of 1 MONUMENT PER DESTINATION PLACE Phone 9�9-IOl1 PP(too) 988-"a , SUBDIVISION 5/8' STEEL PIN PER DESTINATION PLACE N SUBDIVISION (TYP) C* W N Yg W 0 ZO N N m _ .Q O Z 0 Z y LOT 13, BLOCK 3 'j 0 DESTINATION PLACE EXISTING 30' ACCESS AND—j M UTILITY EASEMENT I LOT 10, BLOCK 3 110 ' o DESTINATION PLACE to L w� T S TE��a a WAS 11575 4 i I I�EASEMENT AREA r I M J N89'31'39"W 242.24' LOT la BLOCK 3 DESTINATION PLACE Scale: 1"=60' rW r g Z UNE TABLE //.i% TIE LAND GROUP, INC. �' /►i A;Zf UNE LENGTH BEARING L1 26.54' N00"28'21 "E L2 28.36' N89'31'39"W L3 26.54 S00*2W21 "W L41 28.36' N89'31'39"W N89'31'39"W 242.24' LOT la BLOCK 3 DESTINATION PLACE Scale: 1"=60' rW r g Z �\ //.i% TIE LAND GROUP, INC. �' /►i A;Zf n i� Exhibit B August 2006 .L:wdwzwi viure r .08 ..s: Destination Place Lot 13, Blk 05305 _ (E0 Waterline Easement 1 of 1 Phone 9�9-IOl1 PP(too) 988-"a , September 22, 2006 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT ITEM NO. 5-I REQUEST Agreement for Professional Services for Information Technology Strategic Audit with Kerrin Executive Services AGENCY COMMENTS CITY CLERK: See attached 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: r ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 0 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 21St — day of September , 2006, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Kerrin Executive Services - , hereinafter referred to as "CONSULTANT", whose business address is 5264 N. High Country Way, Star, ID 83669. INTRODUCTION Whereas, the City has a need for services involving Information Technology Strategic Audit; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 1 of 11 royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a time and materials basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 2 of 11 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2007 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be considered subcontractors of consultant and not subcontractors of City. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 3 of 11 0 • agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, .Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Kerrin Executive Services Attn: Kerrin Pease 5264 N. High Country Way Star, ID 83669 INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 4 of 11 0 • Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. 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 attorneys' 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. 9. 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 party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 5 of 11 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 6 of 11 0 0 Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN 4 -- .''harsh Gri�t�d/-e! �rtiridckt Attest: ,�-4 WILLIAM G. BERG, JR., INFORMATION TECHNOLO CONSULTANT k � BY: BEAL AL Cil page�— 7 of 11 0 Approved as to Content Ij BY: e�2 KEIT S, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY C� Department Approval / / 0JIV NA IW-. �. ,. f Dated: INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 8 of 11 Attachment A SCOPE OF SERVICES Information Technology Review This would be performed by an external consultant with significant experience in the IT field — to ensure the vision of what could be is not overshadowed by the reality. (Kerrin Pease). The objectives below will need to be confirmed. In overall terms the objective is to review the current operating practices within IT, where it interacts with other departments and leaders within the organization. Clarify objectives and expectations at all levels. Then identify areas to change to enable the IT function to be more effective and proactive within the City. This will without doubt save significant $ once implemented. To be effective leaders must commit and support the changes identified. Discussions would be with Terry and IT personnel primarilly for section 1 below. The steps below are the activities necessary: 1 - Review Information Technology Infrastructure This includes the following areas: • Responsibility and objectives • Interaction with departments and end users • Interaction with department heads • Involvement in planning • Workload • Standards • Projects v support, reactive v proactive • Concerns and problems • Support systems. • Backup and security • Hardware maintenance, support and replacement • Volumes • Performance and capacity use • Data protection and security • _'__Standards compliance • . Operating systems and Maintenance INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 9 of 11 • • Software solutions, maintenance and life Review how budgets are put together for IT for the City. For each these areas we would go down to detail, identify strengths and weaknesses and consider changes necessary for increased -volume and integration. 2—P lanned upgrades and replacement applications. This would cover.— hardware, operating software and new or replacement applications In this area we would review the following: The process for planning and budgeting upgrades to hardware and operating software The confirmation of current plans. The process for the identification of new or replacement systems in departments, including the adoption of a City wide system. As follows: • Examine how the needs of a system are identified • Understand how the whole RFP process is managed • Look at the selection or tender process • Understand how potential systems are evaluated • Understand who is involved in the process • What about interfaces to other systems? • What about hardware sizing and procurement of new kit? • How does it get budgeted? • Who signs off? • Project implementation process review • Examine a recent project Having completed the two sets of tasks above it would be very useful to be able to meet the fallowing people to determine their view of IT and its objectives. It would also be important to understand how they see the role of IT in the future Department Directors... Selected from Finance, Fire, City Clerks, Attomey/HR/IT, Police, Public Works, Planning, Parks Terry's immediate manager — Bill Nary The Mayor — Tammy de Weerd Meet with any other personnel as identified during the period. It might be effective to present the conclusions to the Mayor, the City Council and the directors to help get sign off rapidly. INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 10 of 11 0 0 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $10,000. Fees will be billed for actual time worked at a rate of $125.00 per hour. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT A. Information Technology Strategic Audit TOTAL $10,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. INFORMATION TECHNOLOGY STRATEGIC AUDIT — page 11 of 11 u A&. CrTy 0 IDAHO CITY OF MERIDIAN PURCHASE ORDER BILL TO: CITY OF MERIDIAN 33 E. Idaho Ave Meridian, ID 83642 (208)888-4433 FAX (208)887-4813 SHIP TO: IT Terry Paternoster 33 East Idaho Meridian ID 83642- (208) 888-4433 ft. (208) 887-4813 V8111111`. Kerrin Executive Services (208) 286-0235 Purchase Order# 151-06-109 5264 N High Country Date Ordered: 9/21/2006 Requested By: Terry Star ID 83669 Qty Item Description Invoice #/Part # Division Account # Total Amt 1 Strategic Audit 15101 54120 $10,000.00 Total Due: $10,000.00 CUUNCL APPROVAL -- - Oahe REASON FUR PURCUSE Infromation Technology Strategic Audit September 22, 2006 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT ITEM NO. 5-1 REQUEST Public Works Change Order No. 2 of Contract for PRV Radio and Power Installations with Lea Electric 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: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached L� Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer /&/t CC: File SER -2,1I � Date: September 21, 2006 Re: Proposed Agenda Item for September 26, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 26 City Council agenda, under Consent Agenda, for Council's consideration: Change Order Number 2. of Contract with Lea Electric for PRV Radio and Power Installation: This change order of $1335 covers removal of original connectors on cables and installation of new connectors to be able to run the cables through the 1 -inch conduit. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 2 of contract with Lea Electric for PRV Radio and Power Installation. This change order of $1,335 covers removal of original connectors on cables and installation of new connectors to be able to run the cables through the 1 -inch conduit. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 0 CHANGE ORDER NO.2 0 DATE OF ISSUANCE OWNER City of Meridian CONTRACTOR: Lea Electric, LLC. CONTRACT: PRV Radio and Power Installation, Phase 2 Description: This change order consists of the following work: EFFECTIVE DA • Removal of original cable connectors and installation of new cable connectors at three PRV locations. This work was not anticipated because it was not known that the connectors were too big to fit in the 1 -inch conduit. CHANGE IN CONTRACT PRICE: Original Contract Price $ 53.381.00 Net Increase (Decrease) from previous Change Orders No. 1 to 1 $ 1519.00 Contract Price prior to this Change Order: $ 54.900.00 Net increase (decrease) of this Change Order: 1,335.00 Contract Price with all approved Change Orders: $ 56,235 RECOMMENDED -Z?�_ Kyle Radek, PE Staff Engineer Date: CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED ATTEST William G. Bei SA,? Kh GriahaC4c., P'ejlWe,.r Date: 9-26 n06 Dater EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. 9/18/2006 MON 12:58 FAX 2088880390 Lea Electric LEA ELECTRIC, L.L.G. P.O. BOX 190130 • BOISE, ID 83719 WO! O! .� ox 19 r,; ,3t7 (208j 888-2523 WT � m 1:01:173- ..Z i ti" F7 P D r T T, L'• hr A c:_ Ftt 0 R R 47 Lt : .y C R I Z t•7 T T :7 0]001/001 V -CITY �OF-ts?EFJ'DIaN _�_______-.__ _•__________________-•__._-__-••____.._. L•r�n�r�=�� tnre ... y � Contract Contract ��7a t E'.. Date— z'-3Jn-9.9 y° citySt.7 i,r— mevidian . p'd 83648 Contract Pxt— .2 ��3 C. 0. s i s 7 crc�c.�... 85, CFd;3 Revised evised- Total 38K 4010 $57, ._ PROWSAL REQUEST... N/A This is CHANGE ORDER * 2 AE 2 Date issued... 09/16/0& #**$<-'`DESCRTPT1QN Or E at 'rc#r7Y'F% #ciC'n^cn3E• 'cf£� Yc � { 5 id g,�aEX3(Frn�lfi % Cut off and 1ns•t'll new connectors nn coax in three locations, 3f The or pinal Connectors were tD big to install in wondui.t= •iii• :��tr: •i�:-sFtiE�•�••'s�••i�c:�••a••#F#•�•?E•ac•Fi •� �F�S �•ti � � •fc � :� •A •i�•r`t.'r. #-�•Rc••#••'tt •�•x•?c•� � �:�•� �•u� x#•¢ ?[ $: �•fr3: •R: x•k � � •Yr•� •�x•� r 3��3i••�• STATUS...... PENDING APPROVAL Mal -Mc"tt err^ia} $376. 00. 1 Bucket Truck ------- W80.00. _------- ---------------------------- _ Sales-- fax E '.< ��a $22.56 1 Freight $0.00 8. 0 Hour -•s. to $59.00 $472.00 }S t :- kf-toth S1,150.56 _.....-------------------- ------------------- i % i 6. 0 $184.09 Payment terms o f the original ------------_....__-____-__-___ _Onlrac-t aPPIY to thisChange Bund Prem. ---- Order r_enless Moved otherwise. % 0.0 $0.00 ------------------------------------ Lea Electric. LLCb R Accepted; bV. .............. ........ Date. i September 22, 2006 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT ITEM NO. 5-K REQUEST Memorandum of Understanding with the City of Meridian and Local Union # 2311 for Fire Inspector Position AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM AGREEMENT FOR FIRE INSPECTOR POSITION WHEREAS the City of Meridian (CITY) and I.A.F.F. Local #2311 (UNION) have a current Collective Bargaining Agreement (AGREEMENT) that expires on September 30, 2007; WHEREAS the AGREEMENT incorporates a procedure for the filling of vacancies within the ranks of the firefighters; WHEREAS since the implementation of this AGREEMENT the CITY has decided to create a Fire Inspector position to provide greater service to the public; WHEREAS when the current AGREEMENT does not include this position the parties have agreed to allow for the establishment of this position and to allow for the City to transfer an existing CITY employee into the position without a competitive testing process; WHEREAS both the CITY and the UNION had previously agreed to a Memorandum of Understanding dated October 13, 2000 that contemplated the establishment of this position and that the parties would further meet and negotiate the wages, working conditions, hours of work, and other terms and conditions of employment. THEREFORE, the parties agree to allow this one-time assignment of an individual into the position of "Fire Inspector" with the additional terms listed below: 1) The individual shall be Kenny Bowers; 2) The initial pay shall be the same as Fire Captain in the current AGREEMENT; 3) The position shall initially report to the Fire Marshal; 4) The initial work schedule shall be forty (40) hour work week. Overtime provisions of the AGREEMENT shall apply to hours in excess of forty (40) hours worked in a work week. The work week shall be regularly scheduled and approved by the Fire Marshal and may include a flexible schedule of hours not to exceed forty hours without the payment of overtime. 5) His initial benefits shall be the same as other members of the UNION, except for the specific changes below that shall only apply to this individual until the next Collective Bargaining Agreement is entered into between the CITY and the UNION. I)ORIGINAL MEMORANDUM AGREEMENT FOR FIRE INSPECTOR Page 1 of 2 a) Accrual of Vacation Time shall be at a rate of fourteen (14) hours per month with a maximum accrual of 168 hours. b) Accrual of Sick Leave shall be at the rate of eight (8) hours per month with a maximum accrual of 720 hours. c) Holidays shall be the same as general City employees contained with the City of Meridian Policy Manual, i.e. "Columbus Day" is not a holiday and the "Day after Thanksgiving" is a holiday. 6) Any other changes to wages, hours, working conditions of this position shall be part of the negotiation process of this AGREEMENT or future Agreements between the CITY and the UNION, including but not limited to the provisions of 5(a) (b) and (c) of this Memorandum Agreement; 7) If Kenny Bowers vacates this current assignment prior to the expiration of the AGREEMENT then the vacancy will be filled by the terms in the AGREEMENT. 8) The parties contemplate this Fire Inspector position being discussed and possibly incorporated into future Collective Bargaining Agreements and all conditions contained within this Agreement are subject change pursuant to the negotiation process of those Agreements. This Memorandum Agreement shall be effective upon approval by the Union Vice - President and the Mayor and passed by Resolution of the City Council. Tyler , Vice -President Local #2311 Tammy de Mayor City of Me ian Date IIIIIIIIIINII�� o1F a jz� toga Date MEMORANDUM AGREEMENT FOR FIRE INSPECTOR Page 2 of 2 • • Page I of 2 Sharon Smith From: Tammy de Weerd Sent: Thursday, September 21, 2006 6:27 PM To: Will Berg; Sharon Smith Subject: FW: MOU for Fire Inspector Position From: Bill Nary Sent: Thu 9/21/2006 6:07 PM To: Ron Anderson Cc: Tyler Rountree; Michelle Albertson; Tammy de Weerd Subject: RE: MOU for Fire Inspector Position We will add to the Council agenda for Tuesday. Bill Nary City Attorney/HR Director City, ofMeridian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 208.884.8723 (fax) From: Ron Anderson Sent: Thursday, September 21, 2006 4:14 PM To: Bill Nary Cc: Tyler Rountree; Michelle Albertson Subject: MOU for Fire Inspector Position M Tyler Rountree called me today to let me know that the Union approved the M.O.U. for the Fire Inspector position last night at their meeting. He would like to drop by your office tomorrow with his crew to sign the originals before he heads out of town next week. We probably will need at least 2 -originals (one for the City and one for the Union). I would also like a copy for my records but it doesn't have to be an original. If you have any questions please give me a call Thanks 9/22/2006 • . Page 2 of 2 Ron L Anderson Fire Chief Meridian Fire Department (208) 888-1234 9/22/2006 0 0 September 22, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Legal Department -- Bill Nary ITEM NO. 6-A-1 REQUEST Approve SWAC Recommendation on Application for Meridian Middle School Cardboard Recycling Pilot Program for $220.00 AGENCY COMMENTS CITY CLERK: See attached 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: 4��v ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Will Berg From: Symantha Miller [symiller@sscwaste.com] Sent: Thursday, September 07, 2006 10:10 AM To: Will Berg Subject: September 26 Agenda Items Attachments: Meridian Middle.pdf; Boys & Girls Club.pdf Hi Will, Bill Nary would like to present two SWAC recommendations to the Council on September 26. One is for $220 for Meridian Middle School for a cardboard recycling pilot program. The second one is for Boys & Girls Clubs of Ada County, the Meridian Unit. Please check with Bill on how he will present the amount. I've attached the applications for you. Thanks, Symantha Symantha Miller Sanitary Services Co. 208-888-3999 9/7/2006 Community Recycling Fund Application age This application is to be completed by organizations applying for community recycling funding. Please note: We can only consider applications for projects within Meridian city limits; which pertain to recycling; which have a 1:1 matching component; and contain recycled content, if applicable. Please return completed application to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fox to 888-5052. Organization Name Address City ��-����'v State Zip Code Contact Name and Title Phone Number 7 ��— S - FIZZ -S Fax Number Describe your organization's purpose. Attach additional sheets if needed. Q:1 i N C.�a� `o � SNA Describe the community recycling activity you would like to have supported. Attach additional sheets if needed. i�..�e '� �v<�C •rte P^ b �iES Ci vii-. �'E��l�\\NST Q• F•t�As1�Y'�1� �1'CVO C`��.t@� ♦cs L.43cy�a-�� c�� Q���\tvCr i1"C� Sb�i"'tty�r'�'N1� Total funds requested Z-Z� Total estimated cost of project© Describe how the community recycling funds will be used, how the matching contribution will be determined, and the schedule for the project. Attach additional sheets if needed. Signature of Contact Person a (We must have a signature to process your request) Date t\SZ:, T J:i" • SSC COLLECTION RATES 10/1/2006 ( For Fiscal Year 2006) RESIDENTIAL SERVICE: $10.95 per mo. -unlimited service $2.60 toter $5.00 Habitual Late Fee PnUUMOPIAI PAYQ. 1r --k 9r -.k 'I.-4 1 - 3 cans 17.84 $35.68 53.52 With toter $20.44 $38-28 $56.12 4 - 6 cans $35.68 $71.36 $107.04 With toter $40.88 $76.56 $112.24 7 - 9 cans 563.52 41W.U4 S16u.fri With toter $61.32 $114.84 166.36 Toter service * $2.56tmo (1 toter) $43.78 3 d $175.12 COMMERCIAL CONTAINERS: $625.36 $700.48 SIZE 1 x week 2x week 3x week 4x week 6x weak Bx weak + V2 X11 SRS 11 199 95 $120.09 $161.10 $202.02 $242.95 COMMERCIAL COMPACTORS Par,t,,mn Prir .1twe 1rwa.lt 2xwask ' 3xwuk 4xwsek 6x weak 6x week $32.63 2 d $130.12 $260.24 $390.36 $620.48 $650.60 $780.72 $43.78 3 d $175.12 $350.24 $625.36 $700.48 $876.80 $1,060.72 $65.18 4 d $220.72 $441.44 $662.18 $662.68 $1,103.60 $11.324.32 66.66 6 d $266.20 $532.40 $798.60 $1,054.80 $1,331.00 $1,597.20 $77.48.6 d $309.92 $619.94 $929.76$1,649.60 $929.76$1 238.88 $1,859.62 $104.48 8yd $417.92 $835.84 $1,253.76 81 671.88 $2,089.60 $2,507.52 Deny" -- All Size 3YD Daily rental $0.69 Monthly rental $18.48 - Extra dump 3yd (ran or tam $21.17 I Extra dump 6yd W4.db . __ e... eA9 Al I September 22, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Legal Department -- Bill Nary ITEM NO. 6-A-2 REQUEST Approve SWAC Recommendation on Application for Meridian Boys & Girls Club of Ada County for Centennial Park Artwork Project for $7,740.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 Will Berg From: Symantha Miller [symiller a@sscwaste.com] Sent: Thursday, September 07, 200610:10 AM To: Will Berg Subject: September 26 Agenda Items Attachments: Meridian Middle.pdf, Boys & Gids Club.pdf 11 Page I of 1 Hi Will, Bill Nary would like to present two SWAC recommendations to the Council on September 26. One is for $220 for Meridian Middle School for a cardboard recycling pilot program. The second one is for Boys & Girls Clubs of Ada County, the Meridian Unit. Please check with Bill on how he will present the amount. I've attached the applications for you. Thanks, Symantha SymarMa Miller Sanitary Servion Co. 208-BW3MM 07/26/2006 02:10 2088880 BOYS & GIRLS CL*PAGE 01/01 1 Community Recycling fund Application This application is to be completed by organizations applying for community recycling funding. Please note: We can only consider appleations -for projects wllhln Meddlan city limit:: which pedoln to recycling: which have a 1:1 matching component; wtdch contain recycled content If applicable; and can have a sign placed on or near the project stating that It was funded in part by the Meridian curbside recycling program. Please return completed application' to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 888-5052.- Organization 88-5052: Organization Nome 6443 6 &A -Is CI -63 ..t IliL AwNk, usvt Address . 2a / F, Z d.c (n. / vcAo.a City < <� a '+ state -1440 Zip Code $3 C `%Z Contact Name and Title 'its sc'k*.� a 6 is it e Phone Number (202) Fax Number Describe your organization's purpose. Attach additional sheets if needed. Tv iw 5p: K OLAA t.M&W a a(l 'kjc&,*, . cSpc&4 i~1 am W&o need k f M • s 1 bi A -e x t ; Vx- 1 4d' -'-ti- plv it -Jti s % QS G 4 /': nA > i -e A (K Describe the community recycling activity you would like to'have supported. Attach additional sheets if needed. << S -C-. as > Total funds requested -. 7 1 estimated cost ofI • 00 project 1 Describe how the community recycling funds will be used, how the matching contribution will be determined, and the schedule for the project, Attach additional sheets if needed. < Sc. 0- a a ac, S AAt > > ftnature.of Contact Person Data 07-7.41-06 (We mut have a signature to process your request) 05/02/2006 08:22 2088885638 i BOYS & GIRLS CLUB bun 15L UMLS CLUBS OF ADA COUNTY Neighbourhood Clean U» Proiect A J Description PAGE 03/05 P, Objecdve: To ensure that the downtown section of Meridian that has been adopted by the lneal NBiAhn hnnrt Ws,tnh Arnorem ;n *$So _tduw 1 c_.A..._ n_-- o r+ -+- �_ V V a AA n av8&"AM, W UAVO •A?aUU►y Vl LUV IVIMI 113aJ30ys &, uIrls Club, is a clean and aesthetically pleasing neighborhood by partnering with community organizations on Saturday, May 20,' from 9:00 aim. until 2:00 p.m to assist in the cleaning of participating properties. Upon completion of this effort, all recycled material Vl1tt t1P A7vs+n to p7w;%w bawvwl:e. e. �1a ..w.... w..A.... C.-.L[_L __ Y1 L _ __ _ + . • .. .. n AAA ww & ww..A w a cwau%- I%G..y1..AA 5) LAAV jlAV16.001Q VI WMQ1CL W1A1 00 used TO match 1="g to erect a permanent steel artist's structure in Centermial Park with attached plaque describing the recycling effort. Ir t..# wtA --- _A___ %a_�A!— r n .. + — . •- . - •• — -• "OL UA KULUVApaung Ageur=s: lvlendaan boys & LJUIS (:tub, Menchan Police Dcpartment (Code enforcement and Crime Prevention Units), Local N eighborhood Watch, Sanitary Services Company, Pacific Recycling, Meridian Parrs & Recreation, The Mayor's Office, Sculptures by BJH LLC, The United Methodist Church, Tate's Aunts, Local Waste visposat site, more Java, Boy Scouts, The Overland and Locust 05/02/2006 08:22 2088885638 Donations List: BOYS & GIRLS CLUB pAVQ �. f�fb1 c rt f tic ws a UL Wasu.a %w usaa OR ADA COUNTY PAGE 04/05 • All partners agreed that the funds received from the recycled steel should be donated to this project. Note: Several key residents have agreed to donate high volumes of scrap steel on the day of this event. • Joey Schueler with the Meridian Boys & Girls Club is donating his time and energy coordinating this event and volunteering at the event. • Doug Strong with Meridian Parks & Recreation has agreed that Centennial Park would benefit from thio project and will provide a space in the park for the work of art. • Jeff Millhollin with Pacific Recycling has agreed to donate his services, two hiahh volume recycling bins, and waived the removal charges. v • Symantha Miller and Doug Mason with SSC ]cave agreed to donate their services, two high volume waste bins, and waived the removal charges. • Tates Rents has agreed to donate a full size Back -Hoa to this event. • The local dump hag agreed to waive all tipping fees for this project. • Bernie Jestuabek-Hart with Sculptures by BJH LLC has agreed to donate some of her time to the project and discount her work to accommodate our goals. • Mavor Tammv DeWeerd ha.¢ agreed to nrnvirie ritilifira+Prz of annex-;at;rm fr,nrn +),a .---+ -- ---, - - - - ---- ^^-� ^v., ..-� -r •.��r rvJl .IuwvwW VL ..lrri WlYUVu Al1VAAt uu�. *,r..,..._+.. non— X-- _11 .._�.._.. __ _..1--'- 9- -- - i OV25/2006 05:58 20888B5638 0 BOYS & GIRLS CLUB Neighborhood Clean Up Project Funding and Schedule Fund allocation: PAGE 02/03 All funds from the SSC Recycling Fund Cmt will go towards either production of the art work to be erected in Centennial.Park or the costs to establish whatever landscaping er bencher are necessary to create a pleasing environment for the piece of art. A substantial portion of the art work wilt t,r at"I ..,.+...1,.a,.., n_ -4,c_ - — - - - • ••• ....•.•. x....>vivu vy r tu:J UU zWcycling. Mahorhood Cleap Un Proiect Rmue: $175.00 -Moxie Tava fnrl,vuswatwo& - _-...� .... r ava w • VL O.rW $180.00 -Local Dump for tipping fees $50.00 - Wal-Mart for last minuto purchases $200.00 - United Methodist Church for gym rental --60.-- ...t...,."r „VIXy,� wioUpamy for otos i- .00 - Pacific Recycling for bins $280.00 - Tates Rents for back hoe $2,000.00 - Pacific Recycling Donation to art sculpture 04.0 ptums oy "m i..Le; for donated work toward seulnture ,,,, - 0 W25/2006 05:58 2088885638 Neisbborhood Clean Uo Prosect E nges; 0 BOYS & GIRLS CLUB Clean -Up Efforts: $175.00 - Coffee, lemonade, beverage accessories $180.00 - Tipping Fees at Local Dump $50.00 - Water and soda from Wal -Marr $200.00 - Staging Point Facility Rental (UMC) $260.00 - two 30 Yard bins for waste disposal $260.00 - two 30 yard bins for recycling removal $280.00 - Full size hackhne rpntnl rr., r�•e1. n,...�_ — ------••,..••• ..•Iu1...1 "WAA A alrb itGALN Art Sculpture in Centennial park.. $17,000.00 ItsWric Meridian Sculpture �. aA AL 4L A V"L AAWA&IL - aL'wU.V V /Tt = 38,000.00 • 3 foot calf at whithera - $3,000.00 /ft — $9,000.00 $500.00 - two steel benches (2'x4') with donor logos engraved on back rest $300.00 - Laser engraved sign engraved by "Laser Engravers" in Nampa S400.0n _ rpmA -# DI.a.. au* • one 41x4' cement base for sculpture = $200.00 • two 2'x4' cement bases for benches = $200.00 $19,345.00 = Total Expenses PAGE 03/03 0 September 22, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Legal Department -- Bill Nary ITEM NO. 6-A-3 REQUEST Entitlement Letter for U.S. Department of Housing and Urban Development's designation as an Entitlement Community 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: Contacted: Date: COMMENTS See attached letter A�r V--9-/ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF ��-+:• i. IDAHO C;. Mi_« �'� TraF�;vsuaF VN�Y g 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 September 21, 2006 Doug Carlson Director, Community Planning and Development U.S. Department of Housing & Urban Development 400 SW Sixth Ave, Suite 700 Portland OR 97204-1632 Dear Mr. Carlson: The City of Meridian hereby accepts the U.S. Department of Housing & Urban Development's designation as an Entitlement Community for the purpose of receiving Community Development Block Grants in federal fiscal year 2007. Thank you for meeting with me, along with Bill Nary and Emily Kane, via teleconference on August 7; we were also pleased to have the opportunity to meet with Nancy Donovan and Connie Hogland here in Meridian on September 14. I appreciate your assistance as we learn more about this valuable program, and look forward to working with you and your staff in the future. Sincerely, Tammy de Weerd Mayor, City of Meridian CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING- FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper 0 September 27, 2006 Doug Carlson ES'rector, Community Planning and Development U.S. Department of Housing &: Urban Development. 400 SW Sixth Ave, Suite 700 Portland OR 97204-1632 Dear mr. Carlson: The City of Vieridian hereby accepts the U.S. Department of Housing &Urban Development's designation as an Entitlement Communifor the u se of receiving Community Development Block: Grants in federal fiscal year Zoo Thank: You for meeting with me, along with Bill Nary and Emily Kane, via teleconference on August 7, we „dere also pleased to have the opportunity to meet with Nancy Donovan and Connie Ho gland here in Meridian on September 14. k appreciate your assistance as we learn more about this valuable program, and look forward to working with you and your staff in the future. ..,;t:. Sincerely, Tammy de Wedrd \I - a �, Mayor, City of Meridian • September 22, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Public Works Department ITEM NO. 6-B-1 REQUEST Personal Services Contract between the City of Meridian and Whitman & Associates, Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • C� �Fff .__, eriAwy PA Internal City Memo q rd:.V. m VuJ. Date: September 20, 2006 RECEIVED To: Will Berg, Tara Green a ®pOUy, 5E1� 2 E.J G�k�a� cm File From: Bruce Freckleton City of Meridian City Clerk Office RE: Proposed Agenda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Personal Services Contract between the City of Meridian and Whitman & Associates Inc This contract is for the provision of building inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City of Meridian and Whitman & Associates, Inc. for the provision of building inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Bruce A. Freddeton DevelopmentServices Manager Meridian Public Works Department 66o E Watertower lane, Suite Zoo Meridian, Idaho 83642 (208) 898-55oo Fax: (208) 898-9551 (DoOo PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: WHITMAN & ASSOCIATES, INC., an Idaho corporation, hereinafter "Contractor." DATED: This day of 2006. PREMISES: 1. Whereas, the City of Meridian provides building inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Whitman & Associates, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and building inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A' attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 1 0 way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the State of Idaho Division of Building Safety. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 40% of the permit fees for the first $100,000 in permit fees collected annually. (b) 25% of the permit fees over $100,000 collected annually. , (c) The Contractors percentage for any permit issued for a structure valued at more than $2,000,000 shall be negotiable between the City of Meridian and the Contractor. (d) 85% of re -inspection fees collected. (e) 40% of plan review fees collected. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 2 Contractor to carry out the issuance of permits, receiving and distributing inspection requests, public assistance, and/or any other business transactions that would need to be conducted by the Building Official that are directly related to providing services under this contract. If the Contractor desires additional services that are not hereinabove provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Daunt Whitman ceases to act as the Building Official for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to'Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract_ within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 3 0 • (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Building Official. Whitman & Associates, Inc. acknowledges that Daunt Whitman is designated as the Building Official for the City of Meridian with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Daunt Whitman fails or. ceases to continue as the Building Official for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 4 (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 5 referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contract shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk and a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 6 0 • 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of 2006. FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 7 Attest: WHITMAN & ASSOCIATES, INC. CITY OF MERIDIAN TAMMY de WEERD, MAYOR WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) ss: County of Ada, ) On this + , _ day of .% , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared DAUNT WHITMAN, known or identified to me to be the President of Whitman & Associates, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Whitman & Associates, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above tten. °4�40g9999FBBm®s®s N. (SEAL) Public . Idaho � s 1004 iding at: & A p� .\ My Commission Expires: FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 8 STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 9 EXHIBIT "A" SERVICES TO BE PERFORMED BY WHITMAN & ASSOCIATES, INC. 1. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Building Permit Tracking program. All building permit applications received shall be entered into the program and each step of the building permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Building Permit Tracking program shall never be allowed to become more than two working days behind the current status of each building permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, receiving and distributing structural inspection requests, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Building Official. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge as well as the current code adopted by the City of Meridian. Exhibit "A" - Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Building Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential building permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Ddlibit "A" - Page 2 • Internal City Memo Date: September 20, 2006 To: Will Berg, Tara Green cr: File SEP 2 9 2006 From: Bruce Freckleton RF-* Proposed Agenda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Personal Services Contract between the City of Meridian and Whitman & Associates Inc This contract is for the provision of building inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City of Meridian and Whitman & Associates, Inc. for the provision of building inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. , Fromthedesko£.. Bruce A. Freddeton Development Services Manager Meridian Public Works Department 66o K Watertower lane, Suite 200 Meridian, Idaho 83642 (208) 898-6500 Fax: (208) 898-955.1 • • PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: WHITMAN & ASSOCIATES, INC., an Idaho corporation, hereinafter "Contractor." DATED: This Z day of Sep�.ber , 2006. PREMISES: Whereas, the City of Meridian provides building inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Whitman & Associates, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and building inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 1 • • way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the State of Idaho Division of Building Safety. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 40% of the permit fees for the first $100,000 in permit fees collected annually. (b) 25% of the permit fees over $100,000 collected annually. (c) The Contractors percentage for any permit issued for a structure valued at more than $2,000,000 shall be negotiable between the City of Meridian and the Contractor. (d) 85% of re -inspection fees collected. (e) 40% of plan review fees collected. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 2 Contractor to carry out the issuance of permits, receiving and distributing inspection requests, public assistance, and/or any other business transactions that would need to be conducted by the Building Official that are directly related to providing services under this contract. If the Contractor desires additional services that are not hereinabove provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Daunt Whitman ceases to act as the Building Official for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 3 (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract,. or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Building Official. Whitman & Associates, Inc. acknowledges that Daunt Whitman is designated as the Building Official for the City of Meridian with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Daunt Whitman fails or ceases to continue as the Building Official for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 4 (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be famished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. -During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15a' of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 5 referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contract shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk and a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole. or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 6 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of -+P.p+►b,eW' , 2006. FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 7 • Attest: WILLIAM, G. BERG, JR", STATE OF IDAHO, ) ss: County of Ada, ) WHITMAN & ASSOCIATES, INC. BY: DAUNT WHIT'IAN,PRESIDENT CITY OF MERIDIAN TAMMY d ERD, OR ,11,111►�►►►� ,, Gird �.�e 9-z6-�� On this y da of iN►bE% 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared DAUNT WHITMAN, known or identified to me to be the President of Whitman & Associates, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Whitman & Associates, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above tten. e89aaotooem�s®� eyoa�0�, F R EOg'B�es SEAL m ?1dingat: blic . Idaho I. q My Commission Expires: FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 8 • STATE OF IDAHO, ) ss: County of Ada, ) • On this �day of (4,-A A, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •+®we (SEAL) S, h 6L4rn Notary Public for Idaho Residing at: My Commission Expires: /0 -J57 -1f FY07 Contract for Personal Services, Whitman & Associates, Inc. Page 9 0 .0 EXHIBIT "A" SERVICES TO BE PERFORMED BY WHITMAN & ASSOCIATES, INC. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Building Permit Tracking program. All building permit applications received shall be entered into the program and each step of the building permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Building Permit Tracking program shall never be allowed to become more than two working days behind the current status of each building permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridianagrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, receiving and distributing structural inspection requests, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Building Official. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of a rpp oved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge as well as the current code adopted by the City of Meridian. Exhibit "A" -Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Building Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffmg Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential building permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "X'- Page 2 0 • September 22, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Public Works Department ITEM NO. 6-B-2 REQUEST Personal Services Contract between the City of Meridian and RIMI, Inc. to provide mechanical inspection services and plan reviews for structures construced within the City of Meridian 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: Contacted: Emailed: COMMENTS See attached bgl my/2�1� Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. W -A • Date. September 20, 2006 RECEIVED SEP 2 0 2006 City Of Meridim Internal Cit y Meit�lo®�e TO: Will Berg, Tara Green Co File From: Bruce Frecklet ��,K R: Proposed Agenda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Personal Services Contract between the City of Meridian and RIMI. Inc. This contract is for the provision of mechanical inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City of Meridian and RIMI, Inc. for the provision of mechanical inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. Rimm the desk of... Bruce A. FrecMeton Devdopmemt Services Manager Meridian Public Works Department 66o K Watertower Lme, Suite Zoo Meridian, Idaho 83642 (208) 898-5,500 Fax: (208) 898-9551 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: REM, INC., an Idaho corporation, hereinafter "Contractor." DATED: This day of , 2006. PREMISES: 1. Whereas, the City of Meridian provides mechanical inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of FJMI, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and mechanical inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the I" day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any FY07 Contract for Personal Services, RDE, Inc. Page 1 way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the International Mechanical Code and the International Mechanical Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 75% of the permit fees for the first $30,000 in permit fees collected annually. (b) 60% of the permit fees between $30,000 to $45,000 in permit fees collected annually. (c) 50% of the permit fees between $45,000 to $60,000 in permit fees collected annually. (d) 40% of the permit fees over $60,000 in permit fees collected annually. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, FY07 Contract for Personal Services, RBU, Inc. Page 2 • 9 erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat -producing appliances, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Mechanical Code and the International Mechanical Code Standards, public assistance, and/or any other business transactions that would need to be conducted by the Mechanical Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Terry G. Medley ceases to act as the Mechanical Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building and mechanical codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit 'W'; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit 'W'; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: FY07 Contract for Personal Services, RM, Inc. Page 3 (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Mechanical Inspection Official. RIMI, Inc. acknowledges that Terry G. Medley is designated as the licensed Mechanical Inspector for Contractor, with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Terry G. Medley fails or ceases to continue as the Mechanical Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. FY07 Contract for Personal Services, REVII, Inc. Page 4 (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City. or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain FY07 Contract for Personal Services, RD41, Inc. Page 5 i 0 and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Services Manage;. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. FY07 Contract for Personal Services, PIK Inc. Page 6 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results m the invalidity of any part, shall not affect the remainder of this Contract. Dated day of .2006. FY07 Contract for Personal Services, RM, Inc. Page 7 0 Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) ss: County of Ada, ) �liwmmo'- Nam / .. MEDLEY,G. 6 CITY OF MERIDIAN Lo TAMMY de WEERD, MAYOR �� On this day of ti�be,(' , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Terry G. Medley, known or identified to me to be the President of RIMI, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for RIMI, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate, first above written. 0000aee®rrreQaarrer (SEAL) A X113 00 b 10 eae�j1 9641'eo FY07 Contract for Personal Services, RM, Inc. W1 esiding at: I Aerl Jic,% My Commission Expires: 4/5/07 Page 8 0 9 STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: FY07 Contract for Personal Services, REM Inc. Page 9 0 0 EXHIBIT "A" SERVICES TO BE PERFORMED BY RDR, INC. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Mechanical Permit Tracking program. All mechanical permit applications received shall be entered into the program and each step of the mechanical permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Mechanical Permit Tracking program shall never be allowed to become more than two working days behind the current status of each mechanical permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat -producing appliances, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Mechanical Code and the International Mechanical Code Standards, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Mechanical Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements ofy' roved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, and other ordinances related to mechanical sites, and mechanical uses. Contractor shall report to the City of Meridian Development Services Manager any observed Exhibit "A" Page 1 violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Mechanical Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of mechanical projects in the City. The following performance standards are expected. Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" Page 2 0 0 iv Gd, Internal City Memo Date: September 20, 2006 (E { To. Will Berg, Tara Green CC: File SEP 2 9 2006 From: Bruce Frecklet RE: Proposed AgLnda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Personal Services Contract between the City of Meridian and RIMI Inc This contract is for the provision of mechanical inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City of Meridian and RIMI, Inc. for the provision of mechanical inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk o£.. Bruce A. Freddeton Development Services Manager Meridian Public Works Department 66o K Watertower lane, suite 200 Meridian, Idaho 83642 (208) 898-6,500 Fay (208) 898-9551 0 0 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: REVII, INC., an Idaho corporation, hereinafter "Contractor." DATED: This Zb�!day of SP,D�-2w Ger , 2006. PREMISES: 1. Whereas, the City of Meridian provides mechanical inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of RIMI, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and mechanical inspections. NOW, THEREFORE, the parries hereto agree as follows: Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A' attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply, to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any FY07 Contract for Personal Services, PJNH, Inc. Page 1 0 0 way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the International Mechanical Code and the International Mechanical Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 75% of the permit fees for the first $30,000 in permit fees collected annually. (b) 60% of the permit fees between $30,000 to $45,000 in permit fees collected annually. (c) 50% of the permit fees between $45,000 to $60,000 in permit fees collected annually. (d) 40% of the permit fees over $60,000 in permit fees collected annually. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, FY07 Contract for Personal Services, RM, Inc. Page 2 erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat -producing appliances, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Mechanical Code and the International Mechanical Code Standards, public assistance, and/or any other business transactions that would need to be conducted by the Mechanical Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Terry G. Medley ceases to act as the Mechanical Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building and mechanical codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A'; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A'; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: FY07 Contract for Personal Services, RM, Inc. Page 3 (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof, or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Mechanical Inspection Official. RIMI, Inc. acknowledges that Terry G. Medley is designated as the licensed Mechanical Inspector for Contractor, with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Terry G. Medley fails or ceases to continue as the Mechanical Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. FY07 Contract for Personal Services, RM, Inc. Page 4 (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or isnot renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain FY07 Contract for Personal Services, RM, Inc. Page 5 and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. FY07 Contract for Personal Services, RM, Inc. Page 6 0 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of Q�eo-^ be ( --,2006. FY07 Contract for Personal Services, RD41, Inc. Page 7 0 ! 11:01 W In .. .. mv, ill CITY OF MERIDIAN By: T de Attest: ���,,,,, a 1 n ►rr,,rd OF WILLIAM G. BERG, TR., CTT ' C ERKSISAL ,�ddddSP911S 591990'���4 STATE OF IDAHO, ) ss: County of Ada, ) MAYOR On this u day of ~Q.f' , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Terry G. Medley, known or identified to me to be the President of RIMI, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for RIMI, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. oAnsaaear.epaon,ae ` S4 r ` O�e, woe s (SEAL) a A��© aIgG^ AU S 1-® 4% o a O� �E OF 1� ® °Boaacseaaaaes$ Residing at:, Yken cR c,, My Commission Expires: as i 07 FY07 Contract for Personal Services, RRVIL Inc. Page 8 0 • STATE OF IDAHO, ) ss: County of Ada, ) On this VL' day of 0400 Zti' , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 006LLMS-vL�49---; Notary Public for Idaho Residing at: nu llpa, ,jf My Commission Expires: FY07 Contract for Personal Services, RIMI, Inc. Page 9 EXHMIT "A" SERVICES TO BE PERFORMED BY REM, INC. 1. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Mechanical Permit Tracking program. All mechanical permit applications received shall be entered into the program and each step of the mechanical permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Mechanical Permit Tracking program shall never be allowed to become more than two working days behind the current status of each mechanical permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat -producing appliances, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Mechanical Code and the International Mechanical Code Standards, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Mechanical Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of ap rp oved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, and other ordinances related to mechanical sites, and mechanical uses. Contractor shall report to the City of Meridian Development Services Manager any observed Exhibit "A" Page 1 violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Mechanical Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, pubic structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of mechanical projects in the City. The following performance standards are expected. Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging: Exhibit "A" Page 2 0 September 22, 2006 MERIDIAN CITY COUNCIL MEETING • September 26, 2006 Department Reports APPLICANT Public Works Department ITEM NO. 6-B-3 REQUEST Personal Services Contract between the City of Meridian and DMH Enterprises to provide plumbin inspection services and plan reviews for structures construced within the City of Meridian 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 affached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. uh SEP 2 0 2006 City Of Meridian CVcrtr cx•h�.1�Aj City Clerk Office erk iiw nJLRrJ IDAHO �`.. Internal City Memo Date: September 20, 2006 To: Will Berg, Tara Green Cm File , From: Bruce Freckleton RE. Proposed Agenda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Personal Services Contract between the City of Meridian and DMH Enterprises This contract is for the provision of plumbing inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City of Meridian and DMH Enterprises for the provision of plumbing inspection services for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Bruce A. Freddeton DeMopmeW Services Manager Meridian Public Works Department 66o R Watertower lane, Suite Zoo Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-garl BETWEEN: DATED: PREMISES: PERSONAL SERVICES CONTRACT OaA, CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" DMH ENTERPRISES, an Idaho Company, hereinafter "Contractor." This day of , 2006. 1. Whereas, the City of Meridian provides plumbing inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of DMH Enterprises and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and plumbing inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY07 Contract for Personal Services, DMH Enterprises Page 1 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the plumbing permit and based upon the following pay schedule: (a) 50% of the permit fees for the first $100,000 in permit fees collected annually. (b) 40% of the permit fees between $100,000 to $200,000 in permit fees collected annually. (c) 30% of the permit fees over $200,000 in permit fees collected annually. (d) Upon permit reconciliation, if the number of fixtures on a residential permit or the value of a commercial permit are under or over reported, the difference will be adjusted and added or subtracted to the original permit fee. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for FY07 Contract for Personal Services, DMH Enterprises Page 2 Contractor to carry out the issuance of permits, collection of fees, of all building or structures, and to carry out the regulations, provisions, conditions and terms of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions that would need to be conducted by the Plumbing Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual- consent of both parties in writing. (b) If Dennis Holte ceases to act as the Plumbing Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; FY07 Contract for Personal Services, DMH Enterprises Page 3 (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach, may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Plumbing Inspector. DMH ENTERPRISES acknowledges that Dennis Holte is designated as the licensed Plumbing Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Dennis Holte fails or ceases to continue as the Plumbing Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract, (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. FY07 Contract for Personal Services, DMH Enterprises Page 4 • (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system V. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion; determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy FY07 Contract for Personal Services, DMH Enterprises Page 5 referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Service Manager. 14. Indemnity. 'Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. FY07 Contract for Personal Services, DMH Enterprises Page 6 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of , 2006. FY07 Contract for Personal Services, DMH Enterprises Page 7 0 i DMH ENTERPRISES DENNIS llbUt, OWNER CITY OF MERIDIAN mm TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) ss: County of Ada, ) On this I Z, day of Sep �p,,,nn.bP,,t' , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS HOLTE, known or identified to me to be the Owner of DMH ENTERPRISES, and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for DMH ENTERPRISES. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 94�6eg CCECYAa�,�®�, 000 �• ���C�/f �'• 4 -`Zi o'�� �e R (SEAL) .� n J. �m �� o o ota.�ry blic fo Id Res' gat: i c A y Commission Expires: US,107 P °pBoapeoeen$pg8 FY07 Contract for Personal Services, DMH Enterprises Page 8 0 , STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: FY07 Contract for Personal Services, DMH Enterprises Page 9 C EXHIBIT "A" SERVICES TO BE PERFORMED BY DMH ENTERPRISES Computerized Permit Tracking Program. Contractor shall provide data and input it into the City of Meridian's computerized Plumbing Permit Tracking program. All plumbing permit applications received shall be entered into the program and each step of the plumbing permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Plumbing Permit Tracking program shall never be allowed to become more than two -working days behind the current status of each plumbing permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, collection of fees, of all building or structures, and to carry out the regulations, provisions, conditions and terms of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions related to this contract that would need to be conducted by the Plumbing Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of a roved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to plumbing sites, and plumbing uses as well as the current code adopted by the City of Meridian. Contractor shall report to the Development Services Manager any Exhibit "A" — Page 1 0 :7 observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. 6. . Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Plumbing Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residentiallig permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "X'— Page 2 Cl enY ft f4� L'1 %t9%Lf %1 Date: September 20, 2006 To: Will Berg, Tara Green cc: File From: Bruce Freckleton • Internal City Memo 2205 M. Proposed Agenda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Personal Services Contract between the CL of Meridian and DMH Enterprises. This contract is for the provision of plumbing inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City. of Meridian and DMH Enterprises for the provision of plumbing inspection services for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Bruce A- Freckleton Development Services Manager Meridian Public Works Department 66o K Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fay (208) 898-9551 E 0 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: DME ENTERPRISES, an Idaho Company, hereinafter "Contractor." DATED: This 34day of mW, 2006. PRENHSES: Whereas, the City of Meridian provides plumbing inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of DMH Enterprises and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and plumbing inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY07 Contract for Personal Services, DMH Enterprises Page 1 • 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the plumbing permit and based upon the following pay schedule: (a) 50% of the permit fees for the first $100,000 in permit fees collected annually. (b) 40% of the permit fees between $100,000 to $200,000 in permit fees collected annually. (c) 30% of the permit fees over $200,000 in permit fees collected annually. (d) Upon permit reconciliation, if the number of fixtures on a residential permit or the value of a commercial permit are under or over reported, the difference will be adjusted and added or subtracted to the original permit fee. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for FY07 Contract for Personal Services, DMH Enterprises Page 2 0 i Contractor to carry out the issuance of permits, collection of fees, of all building or structures, and to carry out the regulations, provisions, conditions and terms of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions that would need to be conducted by the Plumbing Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Dennis Holte ceases to act as the Plumbing Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A'; or (b) perform their duties in a courteous and professional manner; FY07 Contract for Personal Services, DMH Enterprises Page 3 0 0 (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach, may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Plumbing Inspector. DMH ENTERPRISES acknowledges that Dennis Holte is designated as the licensed Plumbing Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Dennis Holte fails or ceases to continue as the Plumbing Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. FY07 Contract for Personal Services, DMH Enterprises Page 4 0 0 (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system V. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. - Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy FY07 Contract for Personal Services, DMH Enterprises Page 5 9 . referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Service Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. FY07 Contract for Personal Services, DMH Enterprises Page 6 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal_ therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal.. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of }-o—, , 2006. FY07 Contract for Personal Services, DMH Enterprises Page 7 DMH ENTERPRISES DENNIS HOUR, OWNER CITY OF MERIDIAN \\"X\\%t II III //It Attest: ,'`� Orr ® r WILLIAM G. BERG, STATE OF IDAHO, ) ss: County of Ada, ) L _ �C E - rrrsa►r rtttiaea MAYOR On this r Z +1%. day of �6U , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS HOLTE, known or identified to me to be the Owner of DMH ENTERPRISES, and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for DMH ENTERPRISES. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 4¢¢¢n¢BrBoo,e 0048 yp+p V R C V e (SEAL) . m�&a LNG�, o of blic fo I o m4 Res' g at: 181-c.,r1 y Commission Expires: / UO �4000 00®OOOBGBBBg4t FY07 Contract for Personal Services, DMH Enterprises Page 8 0 i STATE OF IDAHO, ) ss: County of Ada, ) On this ZIIJ day of &491wu , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 000QUI_ •®•••�� * Notary Public for Idaho Residing at: t - L c Lhe Jd a i o My Commission Expires: �o••® ® •- OF •• O�•ates" FY07 Contract for Personal Services, DMH Enterprises Page 9 EXHIBIT "A" SERVICES TO BE PERFORMED BY DMH ENTERPRISES Computerized Permit Tracking Program. Contractor shall provide data and input it into the City of Meridian's computerized Plumbing Permit Tracking program. All plumbing permit applications received shall be entered into the program and each step of the plumbing permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Plumbing Permit Tracking program shall never be allowed to become more than two working days behind the current status of each plumbing permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, collection of fees, of all building or structures, and to carry out the regulations, provisions, conditions and terms of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions related to this contract that would need to be conducted by the Plumbing Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of a proved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to plumbing sites, and plumbing uses as well as the current code adopted by the City of Meridian. Contractor shall report to the Development Services Manager any Exhibit W'— Page 1 • L' observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Plumbing Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential plumbing permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" — Page 2 r September 22, 2006 • Department Reports MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Public Works Department ITEM NO. 6-B-4 REQUEST Personal Services Contract between the City of Meridian and Harold's Electric to provide electrical inspection services and plan reviews for structures construced within the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See affached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: % ADA COUNTY HIGHWAY DISTRICT: (/ SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. "IVED 2006 City Of Meridian �RY City Clerk Office ��ridii -in °^m Internal City Memo Date: September 20, 2006 TO: Will Berg, Tara Green y' cc:File o _ From: Bruce Freckleton :fir RR Proposed Agenda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Personal Services Contract between the City of Meridian and Harold's Electric Co Inc This contract is for the provision of electrical inspection services for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City of Meridian and Harold's Electric Co., Inc. for the provision of electrical Inspection services for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Bruce A. Freddeton Development Services Manager Meridian Public Works Depadment 66o K WaWxtower lane, Suite Zoo Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 898-9551 00 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: HAROLD'S ELECTRIC CO., INC., an Idaho corporation, hereinafter "Contractor." DATED: This day of , 2006. PREMISES: 1. Whereas, the City of Meridian provides electrical inspection services for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Harold's Electric Co., Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and electrical inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 1 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the National Electrical Code and National Electrical Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may- be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information fiunished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay -schedule: (a) 50% of all commercial permit fees collected annually. (b) 50% of the residential permit fees for the first $80,000 in permit fees collected annually. (c) 40% of the residential permit fees from $80,000 on up in permit fees collected annually. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to regulate the installation of electrical service in all buildings or structures, issuance of permits and collection of fees, and to carry out the regulations, provisions, conditions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions that would need to be conducted by the Electrical Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 2 provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract maybe terminated by mutual consent of both parties in writing. (b) If Harold Welch ceases to act as the Electrical Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall be immediately terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 3 (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Electrical Official. Harold's Electric Co., Inc. acknowledges that Harold Welch is designated as the licensed Electrical Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Harold Welch fails or ceases to continue as the Electrical Inspector for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 4 (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 per occurrence or the equivalent for property damage and bodily injury or death. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 5 Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (fl Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 6 the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of , 2006. FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 7 HAROLD'S ELECTRIC CO., INC. ml wr&8141119-- iO3 if CITY OF MERIDIAN TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 8 STATE OF IDAHO, ) ss: County of Ada, ) On this kzl day of Pr, , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared HAROLD WELCH, known or identified to me to be the President of Harold's Electric Co., Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Harold's Electric Co., Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `a`a$8888BHt•°> a n e Ca � s JI SEAL NoPublic ta-ItItlle-VIL o ding at: My Commission Expires: 4 STATE OF IDAHO, ) ss: County of Ada, ) 7 On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 9 • EXIMIT "A" 0 SERVICES TO BE PERFORMED BY HAROLD'S ELECTRIC CO., INC. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Electrical Permit Tracking program. All electrical permit applications received shall be entered into the program and each step of the electrical permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Electrical Permit Tracking program shall never be allowed to become more than two working days behind the current status of each electrical permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to regulate the installation of electrical service in all buildings or structures, issuance of permits and collection of fees, and to carry out the regulations, provisions, conditions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions related to this contract that would need to be conducted by the Electrical Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approve plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to electrical sites, and electrical uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. Exhibit "A: - Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Electrical Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential electrical permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A: - Page 2 0 C�Wer:,,4� Z�l V . IDA. n Date: September 20, 2006 To: Will Berg, Tara Green File From: Bruce Freckleton 0 Internal City Memo RF-: Proposed Agenda Item for September 26, 2006 City Council Meeting SEP 2 9 2036 . �aL p The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: This contract is for the provision of electrical inspection services for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended. Co_ unci/ Action; The Development Services Division recommends that City Council approve the contract between the City of Meridian and Harold's Electric Co., Inc. for the provision of electrical inspection services for structures constructed within the City of Veridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Bruce A. Freddeton De—Jopment Services Manager Meridian Public Works Department 66o K Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-6500 Fax (208) 898-955. PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: HAROLD'S ELECTRIC CO., INC., an Idaho corporation, hereinafter "Contractor." DATED: This Zo da of Y wtW , 2006. PREMISES: 1 • Whereas, the City of Meridian provides electrical inspection services for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Harold's Electric Co., Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and electrical inspections. NOW, THEREFORE, the parties hereto agree as follows: Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 1 0 i 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the National Electrical Code and National Electrical Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 50% of all commercial permit fees collected annually. (b) 50% of the residential permit fees for the first $80,000 in permit fees collected annually. (c) 40% of the residential permit fees from $80,000 on up in permit fees collected annually. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to regulate the installation of electrical service in all buildings or structures, issuance of permits and collection of fees, and to carry out the regulations, provisions, conditions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions that would need to be conducted by the Electrical Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 2 i 0 provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Harold Welch ceases to act as the Electrical Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall be immediately terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud,_ dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 3 0 • (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or otherperiod as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Electrical Official. Harold's Electric Co., Inc. acknowledges that Harold Welch is designated as the licensed Electrical Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Harold Welch fails or ceases to continue as the Electrical Inspector for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 4 0 • (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 per occurrence or the equivalent for property damage and bodily injury or death. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 5 0 • Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and fiunished to City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or' arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 6 0 0 the claim must be brought in a federal forum., then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated 016Jday of -Spp �e"&f , 2006. FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 7 HAROLD'S ELECTRIC CO., INC. CITY OF MERIDIAN TAMMY d RD, MAYOR ?-26-e, Attest: .- - SEAL W111,L1AM G. BERG, Jlk., CfTY SLE tf d{ 1ii1 FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 8 STATE OF IDAHO, ) ss: County of Ada, ) On this �2day of-�-P_.�'+� bpm 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared HAROLD WELCH, known or identified to me to be the President of Harold's Electric Co., Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Harold's Electric Co., Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. gg888BBBBeBlB 0 A e (SEAL)T4o© 08 00 - V STATE OF IDAHO, ) ss: County of Ada, ) ,!Wcumg at: V VI.Q.0 d i c - My Commission Expires: On this , f4 day of �( � , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®a'0®130®00® I �` (SEAL) ®®® 0 4 i�CG� e -n� a e O�'it,� : Notary Public for Idaho ®�f ; Residing at: jU4--A i+a, JAS 1 My Commission Expires: FY07 Contract for Personal Services, Harold's Electric Co., Inc. Page 9 L-1 EXHIBIT "A" L SERVICES TO BE PERFORMED BY HAROLD'S ELECTRIC CO., INC. 1. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Electrical Permit Tracking program. All electrical permit applications received shall be entered into the program and each step of the electrical permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Electrical Permit Tracking program shall never be allowed to become more than two working days behind the current status of each electrical permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to regulate the installation of electrical service in all buildings or structures, issuance of permits and collection of fees, and to carry out the regulations, provisions, conditions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions related to this contract that would need to be conducted by the Electrical Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of g0roved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to electrical sites, and electrical uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. Exhibit "A: - Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Electrical Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential electricalpermits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A: - Page 2 0 September 22, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Public Works Department ITEM NO. 6-B-5 REQUEST Personal Services Contract between the City of Meridian and Greene Fire Protection & Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian AGENCY COMMENTS �- 1119,1111410r" CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • � R,ECEID SEP 2 02006 "�-''• City Of Meridian City Clerk Office Uev ia�r `:."o - j internal City Memo Date: September 20, 2006 TO. Will Berg, Tara Green Cr- File From: Brace Freckleton RE- Proposed Agenda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Personal Services Contract between the City of Meridian and Green Fire Protection Services Inc. This contract is for the provision of fire protection inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City of Meridian and Green Fire Protection Services, Inc. for the provision of fire protection inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of... Bruce A. Freckleton Development Services Manager Meridian Public Works Department 66o E. Watertower lane, Suite zoo Meridian, Idaho 83642 (208) 898-6,500 Fax: (208) 898-9551 BETWEEN: r ►1� DATED: PREMISES: PERSONAL SERVICES CONTRACT Qam�� CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" GREENE FIRE PROTECTION & SAFETY. SERVICES, INC., an Idaho corporation, hereinafter "Contractor." This day of ffiUl 1. Whereas, the City of Meridian provides fire protection inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Greene Fire Protection & Safety Services, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and fire protection inspection services. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 1 •� o 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the International Fire Code and the International Fire Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract Plans Examination and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 70% of the Commercial Fire Code Review Fees that are collected annually. (b) 70% of permit fees for: 1. Cooking hood fire extinguishing systems 2. Commercial Fire Alarm Systems 3. Commercial Fire Sprinkler Systems 4. Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels and Upgrades. 5. Underground Tank Installations. 6. Hazardous Material Storage Review & Inspection. 7. High Pile Combustible Storage Review & Inspection. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 2 o - o (c) Re -Inspection Fees: 90% of the fee collected for the first hour, and 65% for any time thereafter that for re -inspections as a result of non-compliance. Fee shall be based on the current Meridian Fire Department Fee Schedule. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of, maintenance of fire protection systems, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Fire Code and the International Fire Code Standards, public assistance, and/or any other business transactions that would need to be conducted by the Fire Protection Plans Examiner & Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Rich Greene ceases to act as the Fire Protection Plans Examiner & Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable Building and Fire Codes and Idaho Administrative Rules. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 3 (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and- professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Fire Protection Inspection Official. Greene Fire Protection & Safety Services, Inc. acknowledges that Rich Greene is designated as the licensed Fire Protection Plans Examiner & Inspector for Contractor, with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Rich Greene fails or ceases to continue as the Fire Protection Plans Examiner & Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 4 (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. (f) In the event a review by the United States Government, the State of Idaho, or any agency determines that this agreement constitutes an employee -employer relationship, the Contractor agrees to reimburse City for all employment costs as a result of that determination. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 5 period, City will compensate Contractor $80.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates, of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 6 costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this contract, the non - prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of , 2006. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 7 0 • GREENE FIRE PROTECTION & SAFETY SERVICES, INC. Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) ss: County of Ada, ) RICH GREENE, PRESIDENT CITY OF MERIDIAN TAMMY de WEERD, MAYOR On this 6-o day of StAe.,Mkotr , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Rich Greene, known or identified to me to be the President of Greene Fire Protection & Safety Services, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Greene Fire Protection & Safety Services, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �6oQ®oeeeeer.rp�a (SEAL) % U13 LOF VD p� rirree;860% 0 My Commission Expires: FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 8 0 • STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 9 EXHIBIT "A" SERVICES TO BE PERFORMED BY GREENE FIRE PROTECTION & SAFETY SERVICES, INC. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Permit Tracking program. All permit applications received shall be entered into the program and each step of the permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Permit Tracking program shall never be allowed to become more than two working days behind the current status of each permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through.Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair; location, relocation, replacement, addition to, use of, maintenance of fire protection systems, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Fire Code and the International Fire Code Standards, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Fire Protection Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of a roved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager for any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with fire code provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its fire codes, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's fire codes, or other ordinances of which Contractor has knowledge. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Fire Protection Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services at $80.00 per hour. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of Fire Protection projects in the City. The following performance standards are expected. Commercial buildingplan reviews: (a) New Construction - 10 working days after receipt of complete application. (b) Tenant Improvement - 5 working days after receipt of complete application. Sprinkler & Fire Alarm System Plan Review: 15 working days after receipt of complete application. Calls for ins ections: 48 hours after receipt of phone call requesting inspection. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 2 0 0 11. Reporting. Contractor shall submit the following reports to the City on a monthly basis: • Complete summary of all permits issued as to type and dollar amount for that month and year to date; and FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 3 .�� rn a ri^rte `+F��•:' , Internal Cit y Memo Date. September 20, 2006 To: Will Berg, Tara Green r cc: File OR From: Bruce Freckleton ^ - RF-: Proposed Agenda Item for September 26, 2006 City Council Meeting The Development Services Division respectfully requests the following item be placed on the September 26th City Council Agenda, for Council's consideration: Inc. This contract is for the provision of fire protection inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending September 30, 2007. Recommended Council Action: The Development Services Division recommends that City Council approve the contract between the City of Meridian and Green Fire Protection Services, Inc. for the provision of fire protection inspection services and plan reviews for structures constructed within the City of Meridian, for Fiscal Year 2007, beginning October 1, 2006 and ending' September 30, 2007, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. From the desk of.. BruceA. Freekleton Development Services Manages. Meridian public Works Department 66o E. Watertower Jane, Suite 200 Meridian, Idaho 83642 (208) 898-6500 Fax: (208) 898-9551 u PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: GREENE FIRE PROTECTION & SAFETY SERVICES, INC., an Idaho corporation, hereinafter "Contractor." DATED: This'Zday of JQ k&%6er2006. PREMISES: Whereas, the City of Meridian provides fire protection inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Greene Fire Protection & Safety Services, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and fire protection inspection services. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2006, and unless earlier terminated or extended, shall expire on or before September 30, 2007. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 1 i 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the International Fire Code and the International Fire Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract Plans Examination and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 70% of the Commercial Fire Code Review Fees that are collected annually. (b) 70% of permit fees for: 1. Cooking hood fire extinguishing systems 2. Commercial Fire Alarm Systems 3. Commercial Fire Sprinkler Systems 4. Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels and Upgrades. 5. Underground Tank Installations. 6. Hazardous Material Storage Review & Inspection. 7. High Pile Combustible Storage Review & Inspection. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 2 i 0 (c) Re -Inspection Fees: 1. 90% of the fee collected for the first hour, and 65% for any time thereafter that for re -inspections as a result of non-compliance. Fee shall be based on the current Meridian Fire Department Fee Schedule. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of, maintenance of fire protection systems, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Fire Code and the International Fire Code Standards, public assistance, and/or any other business transactions that would need to be conducted by the Fire Protection Plans Examiner & Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Rich Greene ceases to act as the Fire Protection Plans Examiner & Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, .bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended,. or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable Building and Fire Codes and Idaho Administrative Rules. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 3 • 0 (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Fire Protection Inspection Official. Greene Fire Protection & Safety Services, Inc. acknowledges that Rich Greene is designated as the licensed Fire Protection Plans Examiner & Inspector for Contractor, with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Rich Greene fails or ceases to continue as the Fire Protection Plans Examiner & Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed' for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 4 9 • (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. (f) In the event a review by the United States Government, the State of Idaho, or any agency determines that this agreement constitutes an employee -employer relationship, the Contractor agrees to reimburse City for all employment costs as a result of that determination. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City., City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 5 0 • period, City will compensate Contractor $80.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (fl Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 6 0 0 costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this contract, the non - prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated Zo day of , 2006. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 7 0 • GREENE FIRE PROTECTION & SAFETY SERVICES, INC. Attest: WILLIAM G. BERG, STATE OF IDAHO, ) ss: County of Ada, ) RICH GREENE, PRESIDENT CITY OF MERIDIAN Ifl MAYOR C��rj�o�r .e %2G�oo On this day ofSe.bk,� ker , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Rich Greene, known or . identified to me to be the President of Greene Fire Protection & Safety Services, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Greene Fire Protection & Safety Services, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ epee b F � 1p"���e`dd� (SEAL) 0 T A'?�Nj®�;d, L%D Ps��� 0•e VD a06868 9$6® 410 My Commission Expires: FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 8 0 STATE OF IDAHO, ) ss: County of Ada, ) On this Z►�d day of(iTp�lZ�l , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: NYU, jfij . J44� My Commission Expires: FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 9 EXHIBIT "A" SERVICES TO BE PERFORMED BY GREENE FIRE PROTECTION & SAFETY SERVICES, INC. 1. Computerized Permit Tracking Program. Contractor shall provide data and. input into the City of Meridian's computerized Permit Tracking program. All permit applications received shall be entered into the program and each step of the permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Permit Tracking program shall never be allowed to become more than two working days behind the current status of each permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of, maintenance of fire protection systems, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Fire Code and the International Fire Code Standards, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Fire Protection Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of Mproved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager for any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with fire code provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its fire codes, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's fire codes, or other ordinances of which Contractor has knowledge. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Fire Protection Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services at $80.00 per hour. These services include, but may not be limited to: field assessment and inspections of damage to private and public property; collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffmg Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of Fire Protection projects in the City. The following performance standards are expected. Commercial building plan reviews: (a) New Construction - 10 working days after receipt of complete application. (b) Tenant Improvement - 5 working days after receipt of complete application. Sprinkler & Fire Alarm System Plan Review: 15 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 2 0 11. Reporting. Contractor shall submit the following reports to the City on a monthly basis: • Complete summary of all permits issued as to type and dollar amount for that month and year to date; and FY07 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 3 0 September 22, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Parks Department - Doug Strong ITEM NO. 6-C-1 REQUEST Award of Bid / Approve Budget Amendment for Adventure Island Splash Pad to Haemker General Construction, Inc. 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: See attached a / MERIDIAN SCHOOL DISTRICT: A�y�✓ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY f U 7 I CENTRAL DISTRICT HEALTH: 1 NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: r�A US WEST: U" l„ INTERMOUNTAIN GAS: �J MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. A= To: From: Date: Re: Mayor & City Council Doug Strong, Director September 21, 2006 Aa�" ! U - U) SEP 21 2006 Cite Of Meridian Citi Clerk mice Adventure Island Splash Pad Construction Bid Award The low bid price for Adventure Island Splash Pad construction project was $183,340.00 submitted by Haemker General Construction, Inc. Staff will be requesting a budget amendment to fully fund the project which came in over the remaining budgeted amount. Staff is therefore, recommending that the City Council accept the bid of $183,340.00 for Adventure Island Splash Pad construction project and the budget amendment to complete the entire project. Page 1 0 • ADVENTURE ISLAND SPLASH PAD CONSTRUCTION BUDGET AMENDMENT REQUEST September 26, 2006 Low Bid $183,340.80 Remaining Budget 2006 $104,715.20 Difference Unfunded $ 78,626.60 10% Contingency $ 7,862.66 TOTAL $ 86,488.26 TOTAL BUDGET AMENDMENT 86,500.00 Architect Estimate July 2006 $174,89.00 Haemker General Construction, Inc. • RECEIVEF) Memo SEP 7 ; City Of Meridian City Clerk Officc-, To: Mayor & City Council From: Doug Strong, Director '9 Date: September 21, 2006 • Re: Adventure Island Splash Pad Construction Bid Award The low bid price for Adventure Island Splash Pad construction project was $183,340.00 submitted by Haemker General Construction, Inc. Staff will be requesting a budget amendment to fully fund the project which came in over the remaining budgeted amount. Staff is therefore, recommending that the City Council accept the bid of $183,340.00 for Adventure Island Splash Pad construction project and the budget amendment to complete the entire project. Page 1 ADVENTURE ISLAND SPLASH PAD CONSTRUCTION BUDGET AMENDMENT REQUEST September 26, 2006 Low Bid $183,340.80 Remaining Budget 2006 $104,715.20 Difference Unfunded $ 78,626.60 10% Contingency $ 7,862.66 TOTAL $ 86,488.26 TOTAL BUDGET AMENDMENT $86,500.00 Architect Estimate July 2006 $174,89.00 Haemker General Construction, Inc. • September 22, 2006 FP 06-042 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Dave Evans Construction ITEM NO. 8 REQUEST Final Plat approval for 12 commercial building lots on 3.77 acres in an L -O zone for Sundance Subdivision No. 5 - NEC of W. Ustick Road & N. Meridian Road 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 Staff Comments No comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAVE EVANS CONSTRUCTION FOR FINAL PLAT APPROVAL OF 12 COMMERCIAL BUILDING LOTS ON 3.77 ACRES IN AN L -O ZONE LOCATED ON THE NORTHEAST CORNER OF WEST USTICK ROAD AND NORTH MERIDIAN ROAD IN A RESUBDIVISION OF LOTS 21, 22, 25, AND 26 OF SUNDANCE SUBDIVISION NO.3 LOCATED IN THE SW 1/ OF T. 4N., R. 1E., SECTION 31 C/C September 26, 2006 CASE NO. FP -06-042 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 September 26, 2006, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 26, 2006, 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 SUNDANCE SUBDIVISION NO. 5 A RESUBDIVISION OF LOTS 21, 22, 25, AND 26 OF SUNDANCE SUBDIVISION ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO. 5 / (FP -06-042) Page 1 of 4 0 0 NO. 3 LOCATED IN THE SW V4 OF T. 4N., R. lE., SECTION 31, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 07/13/06, SHEET I OF 3, TOOTHMAN-ORTON ENGINEERING COMPANY", DAVE EVANS CONSTRUCTION, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 26, 2006, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 11 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 Travis Burrows with Dave Evans Construction and Tim Mokwa with Toothman-Orton Engineering, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein. 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO.5 / (FP -06-042) Page 2 of 4 0 0 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIINNGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision 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. By action of the City Council at its regular meeting held on the of Se-Oc-nai=cy, 92006. .X0.0. By: 1°"ll°J,,,,MAYOR T de WEERD ATTEST:zr WILLIAM G. BERG, J ., crfy tLE REAL dld9ld 111111 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO.5 / (FP -06-042) Page 3 of 4 day Copy served upon: 0 U Applicant Planning Department tZ Public Works Department City Attorney By:km 0 lo, City Clerk's Office Dated: IC -0 -Up ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUNDANCE SUBDIVISION NO.5 / (FP -06-042) Page 4 of 4 CITY OF MERIDIAN ANING AND PUBLIC WORKS DEPAPMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: September 26, 2006 Transmittal Date: September 14, 2006 Mayor and City Council IDAHO Tl'-: sty Vigil, Assistant City Planner '' Michael Cole, Development Services Coordinator C Sundance Subdivision No. 5 Request for Final Plat Approval of Sundance Subdivision No.5 Consisting of 12 Commercial Building Lots on 3.77 Acres in an L -O Zone by Dave Evans Construction (File# FP -06-042). submittal and offer the following comments and conditions of the applicant. ie considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Dave Evans Construction, has applied for final plat approval of 12 commercial building lots on 3.77 acres of land for Sundance Subdivision No. 5. The zoning designation for the proposed subdivision is L -O. This site will be composed of 19% of Landscaping, 27% of Building, and 44% of pavement. Sundance Subdivision No.5 is located at the northeast corner of Ustick Road and Meridian Road, in Section 31, T4N, R1E. This property has been previously platted during Sundance Subdivision No. 3. This site includes Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No.3 The City Council approved the preliminary plat for Sundance No. 5 on July 17, 2006 and the submitted final plat substantially complies with the approved preliminary plat. Staff recommends annroval of Sundance Subdivision No.5 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved preliminary plat (PP -06-014), conditional use permit (CUP -06-011), rezone (RZ-06-001), vacation (VAC -06-004) and development agreement (Inst. No. 106133465). 2. The applicant has indicated that the pressurized irrigation system in this development is to be an extension of the system in Sundance Subdivision. The applicant shall prove that the system can handle the extra needs of the additional lots within this subdivision, and submit written approval from the owner/operator of the system. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single -point connection to the potable water system is used, 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. Exhibit "A" FP -06-042 Sundance Subdivision No. 5 FP.doc PAGE 1 CITY OF MERIDIAN ANING AND PUBLIC WORKS DEPAOMENTS STAFF REPORT 4. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). Prior to signature on the final plat by the City Engineer submit a copy of the recorded cross - access and maintenance agreement, and include the instrument number on the face of the plat. 6. Label the portion of Lots 2 and 6, where they extend into the landscape street buffers, as no vehicular access. 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 8. Sanitary sewer and water service to this site is being proposed via extensions of existing mains installed in Sundance No.3. Applicant will be responsible to construct the sewer and 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. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Revise the following plat notes on the face of the plat prepared by Toothman-Orton and dated 7/13/06: 5.) Revise to read, "Direct lot access to Ustick Road and Meridian Road is prohibited except those specifically shown on this plat. Direct access to Ustick Road may be prohibited in the future, if ACHD deems it necessary." *.) Add note, "Maintenance of any irrigation or drainage pipe or ditch crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage district." *.) Add note, "Bottom of building footings shall be a minimum of 12 inches above the established normal high groundwater elevation. *.) Add note, "This subdivision is subject to the terms of a Development Agreement recorded as instrument No. 106133465, records of Ada County, Idaho. 11. The landscape plan, prepared by Toothman-Ortman and dated 7/13/06, shall be revised as follows: a. Show the existing landscaping on the plan. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 12. 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. 13. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated Exhibit "A" FP -06-042 Sundance Subdivision No. 5 FP.doc PAGE 2 CITY OF MERIDIAN PONING AND PUBLIC WORKS DEPAPMENTS STAFF REPORT surface materials shall not be used in open space lots, except as permitted under UDC 11-313- 11. 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 still meet the standards of UDC 11-313-11, then the applicant shall relocate the facility. This may require losing a developable lot or 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. 14. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. 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. 3. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 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. 6. 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. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 9. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. 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. Exhibit "A" FP -06-042 Sundance Subdivision No. 5 FP.doc PAGE 3 CITY OF MERIDIAN PLONING AND PUBLIC WORKS DEPAIMENTS STAFF REPORT Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11 -6B -7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Sundance Subdivision No 5 (FP -06-042) with the above stated comments and conditions. Exhibit "A" FP -06-042 Sundance Subdivision No. 5 FP.doc PAGE 4 Sundance No. 5 FP staff re No 0 Kristy Vigil From: Travisb[Travisb@devansconstruction.com) Sent: Monday, September 25, 2006 8:50 AM To: Kristy 1/Igil; Mokwa, Tim Cc: Davee Subject: RE: Sundance No. 5 FP staff report Kristy, I have also reviewed the staff report and do not have any comments or objections, either. Thanks, Travis Burrows 853-1203 -----Original Message ----- From: Mokwa, Tim [mailto:TMokwa@toengrco.com] Sent: Friday, September 22, 20061:24 PM To: vigiik@meridiancity.org Cc: Travisb; Davee Subject: FW: Sundance No. 5 FP staff report Page I of 2 Kiisty - I have read through the attached staff report and have no comments or objections to (lie conditions of approval. I am also forwarding the Staff Report to my client (Dave Evans Construction) and requesting that they review the conditions and provide any comments they might have to you, in writing, prior to the September 26th Council meeting. (hanks, 1)(11 Molo�j il ,. '1111.!iffild i(Ic 1-ili�nt \\r,ti. l`ratltl i i`t.1l�ili,l :u ii r; WICI .lid ollk 101 It„' I,\ Illy 11110kir,l 1011lK1II -.\111 o;h l it'i oil', iol;111011 \\ Ill t'c.rllt III ��Irr��i!Illr `t� I:r Ilp; lulli;l i\4'i II :rl Illi :r,\, li \,1u liiir\L !i:; •;ui;,a l,• 1:\ 1111,1;1k From: Kristy Vigil [mailtowigilk@meridiancity.org] Sent: Friday, September 22, 2006 1:10 PM To: Mokwa, Tim Cc: Tara Green; Sharon Smith; Machelle Hill Subject: Sundance No. 5 FP staff report Hi Tim, Attached is a copy of the final plat staff report for Sundance Subdivision No. 5. Please submit a written response to the staff report to me prior to the Council meeting on September 26, 2006. 9/25/2006 Exhibit 1113” September 22, 2006 MERIDIAN CITY COUNCIL MEETING September 26, 2006 VAR 06-017 APPLICANT Landmark Development Group, LLC ITEM NO. 9 REQUEST Tabled from August 22, 2006 — Request for a Variance for a right in only access from Eagle Road to Sadie Creek Promenade for Sadie Creek Promenade — southwest corner of Eagle Road and Ustick Road 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 Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • September 22, 2006 AZ 06-028 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Horizon Development ITEM NO. 10 REQUEST Continued Public hearing from August 22, 2006 -- Request for Annexation and Zoning of 4.43 acres to an R-15 zone for Touchstone Place Subdivision — 1187 East Fairview Avenue 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: Contacted: Date: COMMENTS See Previous Item Packet / Minutes Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 22, 2006 PP 06-028 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Horizon Development ITEM NO. 11 REQUEST Continued Public hearing from August 22, 2006 — Request for Preliminary Plat Approval of 2 residential lots (proposed to cntain 48 multi family units) and 2 comon lots on 4.43 acres in a proposed R-15 zone for Touchstone Place Subdivision 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: Contacted: Emailed• Date: COMMENTS See Previous Item Packet / Minutes Phone: • J1U11 1111IIUD. Materials presented at public meetings shall become property of the City of Meridian. • 0 September 22, 2006 CUP 06-021 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Horizon Development ITEM NO. 12 REQUEST Continued Public hearing from August 22, 2006 — Request for CUP approval to construct a multi -family development consisting of 48 multi family dwelling units (8 plexes) on 2 lots totaling 4.43 acres in the proposed R-15 zone for Touchstone Place Subdivision 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: Contacted: Emailed: COMMENTS See Previous Item Packet / Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 0 September 22, 2006 AZ 06-029 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Reed Kofoed ITEM NO. 13 REQUEST Continued Public Hearing from September 19, 2006 -- Request for Annexation and Zoning of 10.39 acres from RUT to R-4 zones for Silversprings Subdivision -- south side of McMillan Road and west of Locust Grove Road 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: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Previous Item Packet / Minutes September 22, 2006 PP 06-029 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Reed Kofoed ITEM NO. 14 REQUEST Continued Public Hearing from September 19, 2006 -- Request for Preliminary Plat approval of 29 single family residential lots and 4 common / other lots on 9.88 acres in a proposed R-4 zone for Silversprings 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: Contacted: Emailed: See Previous Item Packet / Minutes Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • September 22, 2006 AZ 05-067 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT insight Architects ITEM NO. 15 REQUEST Continued Public Hearing from August 22, 2006 -- Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 zones for Casa Meridians 1777 Victory Road 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: Contacted: Emailed• Date: COMMENTS See Previous Item Packet / Minutes See Email to Withdraw Application Phone: -31uu nuucars. Materials presented at public meetings shall become property of the City of Meridian. September 22, 2006 CUP 05-060 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT insight Architects ITEM NO. 16 REQUEST Continued Public Hearing from August 22, 2006 -- Request for Conditional Use Permit for a 32 unit multi -family development in a proposed R-15 zone for Casa Meridiana -- 1777 Victory Road 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 Previous Item Packet / Minutes See Email to Withdraw Application Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 9 0 September 22, 2006 MI 06-007 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT Cherry Lane Christian Church ITEM NO. 17 REQUEST Continued Public Hearing from September 19, 2006 -- Request for Modification of the DA for Cherry Lane Christian Church for removal of the CUP requirement for construction north of Ten Mile Creek - nwc of Franklin & Ten Mile AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. September 22, 2006 MERIDIAN CITY COUNCIL MEETING September 26, 2006 APPLICANT ITEM NO. 18 REQUEST Executive Session per Idaho State Code 67-2345(1)(c)&(f) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.