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HomeMy WebLinkAbout2005-09-20Revised 9-20-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 20, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Roll-call Attendance: X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. 3. 4. 5. Pledge of Allegiance: Community Invocation by Wayne Nichols Adoption of the Agenda: Approve Consent Agenda: /A. Tabled from September 6, 2005: Findings of Fact and Conclusions of Law for Approval: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: Approve " B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Approve /C. Easement for Razzberry Crossing Subdivision: Approve / D. Professional Service Agreement with AspireOn: Approve ,~ E. Approve Contract for Stenographic Services - MD Willis, Inc.: Approve V F. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: Approve Meridian City Council Meeting Agenda -September 20, 2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-20-05 ,G. Sanitary Sewer and Water Main Easement Agreement for Troy Place Subdivision: Approve / H. Quitclaim Deed for Streetlights within Edinburgh Subdivision: Approve / I. Streetlight Agreement for Edinburgh Subdivision: Approve ~ J. Addendum to the License Agreement to the North Slough Sanitary Sewer Proiect: Approve K. Scopina Study for a Regional Sewage Pumping Station with Civil Survey Consultants, Inc.: Approve / L. Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Proiect with Bodiford Construction, Inc.: Approve ~M. Bear Creek Lift Station Upgrade with DC Engineering, Inc.: Approve N. Waterline Easement Agreement for Victory Road Waterline Extension by Richard Evans: Approve ,~ O. Water Main Easement Agreement for SSC Transfer Station by Trisect, LLC: Approve / P. Crossing Agreement for the North Slough Sanitary Sewer Proiect with Settler's Irrigation District: Approve / Q. Resolution No. 05-490 :Amend the Current Collective Bargaining Agreement Between the City of Meridian and the International Association of Firefighters, Local #2311 in Regards to Pay and Benefits for Paramedic Firefighters: Approve R. License Agreement between ACHD and Lakeview Golf Course (through landowner City of Meridian) to permit operator of Lakeview Golf Course to install asphalt over a portion of the piped Eight Mile Lateral.: Approve 6. Department Reports: A. Public Works I Building Department /Development Services: j 1. Personal Services Contract between the City of Meridian and Whitman & Associates, Inc. to provide building Meridian City Council Meeting Agenda -September 20, 2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-20-05 inspection services and plan reviews for structures constructed within the City of Meridian: Approve 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: Approve 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: Approve ~ 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: Approve 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: Approve B. Mayor's Office 1. Discussion of Community Detox Center: Gary Raney Support 2. Discussion of Draft Pseudoephedrine Ordinance: C. City Attorney -Bill Nary 1. Discussion of Ordinance Amending Title 1, Chapter 11, Section 4 of the Meridian City Code regarding Annexation: Approve Ordinance OS-1182 Ada County Request to Commit to using the New Cell at the Landfill: Items Moved from Consent Agenda: 8. FP 05-056 Request for Final Plat approval of 53 single-family residential building lots and 20 common lots on 18.25 acres in a R-4 zone for Kingsbridge Subdivision No. 1 by Vision First, LLC - 4070 South Eagle Road: Approve Meridian City Council Meeting Agenda -September 20, 2005 Page 3 of 5 All materials presented at public meetings shall become property of the Cily of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-20-05 9. FP 05-057 Request for Final Plat approval for 16 commercial building lots on 10.9 acres in a C-G zone for Dorado Subdivision by Kimball Properties, LLC -northwest corner of South Eagle Road and East Overland Road: Table to September 27, 2005 ~10. FP 05-058 Request for Final Plat approval of 55 single-family residential building lots and 5 common lots on 20.81 in a R-4 zone for Bridgetower Crossing Subdivision No. 13 by Primeland Development, LLP -south of West McMillan Road and west of North Linder Road: Approve `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." /11. Public Hearing: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc.- 2770 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval / 12. Public Hearing: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval /13. Public Hearing: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Approve Findings of Fact and Conclusions of Law for Approval / 14. Public Hearing: AZ 05-02~ Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: Approve Findings of Fact and Conclusions of Law for Approval 15. Public Hearing: PP 05-028 Request for Preliminary Plat approval of 18 building lots and 3 common lots on 2.06 acres in a proposed R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: Approve Findings of Fact and Conclusions of Law for Approval ~ 16. Public Hearing: CUP 05-037 Request for Conditional Use Permit for 18 townhouses in a proposed R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: Approve Amended Findings of Fact and Conclusions of Law for Approval Meridian City Council Meeting Agenda -September 20, 2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-20-05 17. Public Hearing: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: Prepare Findings of Fact and Conclusions of Law for Approval 18. Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family /clubhouse /office /daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: Prepare Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: PP 05-023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group -west of Ten Mile Road and north of West Franklin Road: Prepare Findings of Fact and Conclusions of Law for Approval 20. Amendment to Ordinance No. 05-1164: AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kintasbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: Approve 21. Ordinance No. 05-1183 AZ 05-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Approve 22. Ordinance No. 05-1184 Repealing and Reenacting Title 2, Chapter 4, Section 1 of the Meridian City Code Regarding the Membership, Organization, and Rules of the Meridian City Planning and Zoning Commission: Approve 23. Executive Session per Idaho State Code 67-2345(1)(b)&(c): Meridian City Council Meeting Agenda -September 20, 2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-20-05 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 20, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Roll-call Attendance: Shaun Wardle ~~ Christine Donnell Charlie Rountree ~ Keith Bird ~~ Mayor Tammy de Weerd 2. Pledge of Allegiance: ~Gr-Ifiw 3. Community Invocation by ~fJlly~ Nz~e~ 4. Adoption of the Agenda: ~~v~c. 5. Consent Agenda: A. Tabled from September 6, 2005: Findings of Fact and Conclusions of Law for Approval: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: Gip~rov~c~ B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: Rp-~/vv~ C. Easement for Razzberry Crossing Subdivision: af~~'.~.~c D. Professional Service Agreement with AspireOn: a~vv/»-d~ E. Approve Contract for Stenographic Services - MD Willis, Inc.: a~~r•~ F. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: Q,!'/'''°v~.~ G. Sanitary Sewer and Water Main Easement Agreement for Tro Place Subdivision: ~'P~~OV~a- Meridian City Council Meeting Agenda -September 20, 2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-20-05 H. Quitclaim Deed for Streetlights within Edinburgh Subdivision: uP/~~"~- Streetlight Agreement for Edinburgh Subdivision: ~~~~^~- J. Addendum to the License Agreement to the North Slough Sanitary Sewer Proiect: ~i/ti"0t'~ K. Scoping Study for a Regional Sewage Pumping Station with Civil Survey Consultants, Inc.: ~'/'lr''101^r' L. Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Proiect with Bodiford Construction, Inc.: ~~s~- M. Bear Creek Lift Station Upgrade with DC Engineering, Inc.: ,q~~1mv~ N. Waterline Easement Agreement for Victory Road Waterline ~rot~ O. Water Main Easement Agreement for SSC Transfer Station by Trisect, LLC: G~jarov~ P. Crossing Agreement for the North Slough Sanitary Sewer Proiect with Settler's Irrigation District: ~/'/9'"`~`" Q. Resolution No. ~S ¢g~ Amend the Current Collective Bargaining Agreement Between the City of Meridian and the International Association of Firefighters, Local #2311 in Regards to Pay and Benefits for Paramedic Firefighters: a~o ~- R. License Agreement between ACHD and Lakeview Golf Course (through landowner City of Meridian) to permit operator of Lakeview Golf Course to install asphalt over a portion of the piped Eight Mile Lateral.: Gi~o~^av~ 6. Department Reports: A. Public Works /Building Department /Development Services: Personal Services Contract between the Citv of Meridian and Whitman & Associates, Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: ~~"t'`~' 2. Personal Services Contract between the Citv of Meridian and RIMI. Inc. to provide mechanical inspection services Meridian City Council Meeting Agenda -September 20, 2005 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related [o documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ Revised 9-20-05 and plan reviews for structures constructed within the City of Meridian: Gifaryyivv>~ 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: (s~y~n-vv~c~ 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: ~?r~nv~ 5. Personal Services Contract between the Citv of Meridian provide fire inspection services and plan reviews for structures constructed within the City of Meridian: `~'a"~`J B. Mayor's Office //COMMiLh / +~J 1. Discussion oirDetox Center: (7pnrJ. ~Qaner. ~w~~P~rt 2. Discussion of Draft Pseudoephedrine Ordinance: C. City Attorney -Bill Nary Discussion of Ordinance Amending Title 1, Chapter 11, Section 4 of the Meridian Citv Code regarding Annexation: ~~~,.e g,_~,,;r,N,~ j' // g y 2. Ada Countv Reauest to Commit to using the New Cell at the Landfill: 7. Items Moved from Consent Agenda: 8. FP 05-056 Request for Final Plat approval of 53 single-family residential building lots and 20 common lots on 18.25 acres in a R-4 zone for Kinasbridge Subdivision No. 1 by Vision First, LLC - 4070 South Eagle Road: ~~o~~ 9. FP 05-057 Request for Final Plat approval for 16 commercial building lots on 10.9 acres in a C-G zone for Dorado Subdivision by Kimball Properties, LLC -northwest corner of South Eagle Road and East Overland Road: ~~~ ~ ~~Z~~a~ Meridian City Council Meeting Agenda -September 20, 2005 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 hearings please contact the City Clerk's Office at 886-4433 at least 48 hours prior to the public meeting. ~ Revised 9-20-05 10. FP 05-058 Request for Final Plat approval of 55 single-family residential building lots and 5 common lots on 20.81 in a R-4 zone for Bridgetower Crossing Subdivision No. 13 by Primeland Development, LLP -south of West McMillan Road and west of North Linder Road: ~a~v~c.. `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." 11. Public Hearing: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. -2770 South Locust Grove Road: A~~v~ ~/~tc%f~o>-a~~r-~r~.-e- 12. Public Hearing: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: ~rn~-i`L koLL ~arw~rb'""-~ 13. Public Hearing: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: ~r~-g~^~ ~~t!°%~ ~°1'a~'~`'~ 14. Public Hearing: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: ~~otnC ~/f / c~.C,GSr~a~~rnv's-e-- 15. Public Hearing: PP 05-028 Request for Preliminary Plat approval of 18 building lots and 3 common lots on 2.06 acres in a proposed R-40 zone for Arnke Subdivision by Michael Arr}ke - 2070 West Pine Avenue: apprvw.e o</~f c%C -{tr' ti/'r,"~"s-c. 16. Public Hearing: CUP 05-037 Request for Conditional Use Permit for 18 townhouses in a proposed R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: A~,..o~..~ ,~~~~(. ~~/G/,(~vr~~odyr.~-e- 17. Public Hearing: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: i~^c/'°^t .~/F t ~/.(~ ,R__ 18. Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family /clubhouse /office /daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: ~na-..c ~'/~ * c/,C mod.-a~rP,.o~..-C_ Meridian City Council Meeting Agenda- September 20, 2005 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 hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i~ I Revised 9-20-05 19. Public Hearing: PP 05-023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group -west of Ten Mile Road and north of West Franklin Road: ~~~r.vu, ~/~f ~/.(.Fr,- a,P1"',,,i,,,t, 20. Amendment to Ordinance No. 05-1164: AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kingsbridge Subdivision by Vision First, LLC - 4070 South Eagle Road: A q~,,.~ 21. Ordinance No. O,j ~ x(83 AZ 05-031 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: ~~v~m,ec, 22. Ordinance No. O$ ~!(84~ Repealing and Reenacting Title 2, Chapter 4, Section 1 of the Meridian City Code Regarding the Membership, Organization, and Rules of the Meridian City Planning and Zoning Commission: a~(OrovK- 23. Executive Session per Idaho State Code 67-2345(1)(b)&(c): Meridian City Council Meeting Agenda -September 20, 2005 Page 5 of 5 All materials presented al public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Meetinct September 20, 2005 The regular meeting of the Meridian City Council was called to order at 7:02 P.M., Tuesday, September 20, 2005, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Christine Donnell. Others Present: Ted Baird, Bill Nary, Will Berg, Anna Canning, Len Grady, Bruce Freckleton, Bill Musser, Ken Bowers and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Good evening. I will go ahead and call the regular meeting of the City Council to order. Thank you for joining us here tonight. I sure hope all of you have exercised your right to vote. Certainly as we think of the men and women that are serving us -- and I was at a meeting today about our military and that they will be back in the next -- by the end of the year and they are out there fighting for our freedoms and the right to vote is one of those. So, I hope if you're in the Meridian School District that you have exercised that right. Welcome. It is Tuesday, September 20th. It is 7:02. I will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Tonight we will be led in the pledge by Justin Schreiber. He's with Troop 68. Justin, if you would like to join us upfront and if you will all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bishop Wayne Nichols -Lochsa Falls Ward. De Weerd: Justin, I would like to give you a pin for leading us in the pledge tonight and thank you so much. Good luck with that badge. Item No. 3 is our Community Invocation. Tonight we will be led by Bishop Wayne Nichols. He is with our Lochsa Falls Ward and if you will all join in the invocation or take this as an opportunity for a moment of silence. Bishop. Nichols: Our Father in Heaven, we are very grateful this evening for the privilege of gathering here in this City Council meeting, Father. We thank thee for the great blessings we enjoy in this favored area of the land. We are thankful for the peace and Meridian City Council September 20, 2005 Page 2 of 74 prosperity that thou hast seen fit to allow us to enjoy. We are mindful, Father, of many in other parts of the world who have been afflicted by natural disasters. Wilt thou bless them in their recoveries and assist those who are working for their relief. We ask thee to bless, Father, members of our armed services who are working hard and fighting to defend our freedoms. Wilt thou comfort them and their families while they are thus engaged. We pray, Father, that thou would look over our families while we are away in thy service this evening. We pray, Father, that those who are to speak here tonight might do clearly and be able to communicate their messages. We pray, Father, also that the decisions that are made here will be pleasing in thy sight, that they will benefit all of the community that we are privileged to live in. These favors and blessings, Heavenly Father, we ask for and we do it in the name of Jesus Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Bishop, I would also like to offer you one of our City of Meridian pins and thank you for joining us. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have on the regular agenda Item No. 9 has been asked to be tabled for one week by the applicant to 9/27/05, which we will take care of when we come to it. And with that I move that we approve the revised agenda of 9/20/05. Rountree: Second. De Weerd: Okay. The motion is to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIES: ALL AYES. Item 5: Consent Agenda: A. Tabled from September 6, 2005: Findings of Fact and Conclusions of Law for Approval: VAR 05-015 Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision by Brighton Corporation - 596 East Edgar Street: B. Findings of Fact and Conclusions of Law for Approval: AZ 05- 024 Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church by Hawkins Companies - 1735 North Black Cat Road: C. Easement for Razzberrv Crossing Subdivision: Meridian City Council September 20, 2005 Page 3 of 74 D. Professional Service Agreement with AspireOn: E. Approve Contract for Stenographic Services - MD Willis, Inc.: F. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: G. Sanitary Sewer and Water Main Easement Agreement for Troy Place Subdivision: H. Quitclaim Deed for Streetlights within Edinburgh Subdivision: I. Streetlight Agreement for Edinburgh Subdivision: J. Addendum to the License Agreement to the North Slough Sanitary Sewer Proiect: K. Scoping Study for a Regional Sewage Pumping Station with L. Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Proiect with Bodiford Construction, Inc.: M. Bear Creek Lift Station Upgrade with DC Engineering. Inc.: N. Waterline Easement Agreement for Victory Road Waterline Extension by Richard Evans: O. Water Main Easement Agreement for SSC Transfer Station by Trisect, LLC: P. Crossing Agreement for the North Slouch Sanitary Sewer Proiect with Settler's Irrigation District: Q. Resolution No. OS-490 :Amend the Current Collective Bargaining Agreement Between the City of Meridian and the International Association of Firefighters, Local #2311 in Regards to Pay and Benefits for Paramedic Firefighters: R. License Agreement between ACHD and Lakeview Golf Course (through landowner City of Meridian) to permit operator of Lakeview Golf Course to install asphalt over a portion of the piped Eight Mile Lateral. De Weerd: Item 5 is the Consent Agenda. Meridian City Council Sep ember 20, 2005 Page 4 of 74 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move -- I do need the resolution number. 05 -- Wardle: 490. Bird: I move that we approve the Consent Agenda as published, including Resolution No. 05-490 and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion is to approve the Consent Agenda. If there is no discussion, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Public Works /Building Department /Development Services: 1. Personal Services Contract between the Citv 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 Citv 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 Citv 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 Citv of Meridian and Harold's Electric. Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian: Meridian City Council September 20, 2005 Page 5 of 74 5. and Greene's Fire Protection & Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian: De Weerd: Okay. Item No. 6, Department Reports. We will start with Public Works. Freckleton: Thank you, Madam Mayor, Members of the Council. We are before you this evening with the fiscal year '06 Contracts for Personal Services for our building activities. We have a .contract with Whitman Associates for the structural unit inspection. We have a contract with RIMI, Inc., for our mechanical. DMH Enterprises for our plumbing. And Harold's Electric for our electric or our -- our electric. And Greene's Fire Protection Services for our fire reviews and plan inspection. What I wanted to do tonight is maybe just kind of -- again, you have seen this, but I want to drill it down a little bit further for you. With our reorganization of our Public Works Department. We created, basically, three different divisions, the operations, engineering, and development services. We are going to take off from this one and drill down a little further for you. Under development services we have -- we have our development analysts. They are the ones that do the plan reviews for all the new commercial, residential development going on in the city. Then, we also have our building department functions over here. I am pleased to announce to you tonight that this building coordinator position has been filled. He will be starting next Tuesday for his first day. Then, we drill on down to our building official, who is Daunt Whitman for our contract. Then, we have our fire review and our trade inspectors. So, under the trade inspections we have our plumbing, mechanical, electrical, and fire. I wanted to kind of give you this slide to show you basically what we were getting for our five contracts that I'm asking you to approve. We have 19 personnel that perform our inspection activities for the City of Meridian and their names are shown up there on the screen. Then, I just wanted to maybe give you just a quick slide showing you some activity. This is new single-family home activity over the last three years. The 2005 is in yellow. This is through August. We set a new record this August at 395 single-family permits issued. The previous record was set the month of July. I think we were at 342 in July 2004's numbers are shown in maroon and '03 in blue. So, it gives you a little bit of an idea of the increase in activity that we have had. And, then, the next slide is our commercial activity. Same color correspondence there to the years. Commercial is a little up and down. So, with that Ijust -- give you just a quick overview of what has changed in the contracts this year. Basically, they are pretty much verbatim. We have added a clause in all of them. It's item number three titled prohibited work and that's just basically a clause that we added to prohibit work within their field of expertise within the City of Meridian. Just kind of a conflict of interest type clause. The only other changes that we have seen is in Harold's Electric contract. If you remember, last year we had a transition from Harold Hudson to Harold Welch and we had both -- both parties named on the contract and this year Harold Welch is the only name on the contract, since he's been performing our services. Then, one last change and that is on Greene Fire Protection and Rich had requested an increase in his percentages from 65 to 70 percent for commercial fire code review fees and for permit fees for the cooking { Meridian Clty Council September 20, 2005 Page 6 of 74 hoods, commercial fire alarm systems, commercial fire sprinkler systems, fire sprinkler systems for commercial tenant improvements, remodels and upgrades, underground tank installations, hazardous material storage review and inspection and high pile combustible storage review and inspection. So, that's -- that's the bulk of the changes. We have -- all of our contractors are here tonight, with the exception of Dennis Holte, who is represented tonight by Kyle. Dennis had surgery and is not able to speak right now. So, they are here in case you have any specific questions that I can't answer and with that I will stand for questions. De Weerd: Bruce, I don't know if the Council knows each of the inspectors by face. Certainly they have seen their names. So, if you will introduce them. Freckleton: I will just give an introduction here. We have Harold Welch. He is our electrical inspector. Rich Greene, Greene Fire Protection. Daunt Whitman, Whitman and Associates. And behind them we have Terry Medley and Rod Medley. They are mechanical. And, then, Kyle over there is representing Dennis for the plumbing. De Weerd: Well, thank you. It's nice to see your faces at our Council meeting. We certainly want to open up dialogue with our contractors a little bit more often and get your impressions, according to the code changes as they come up, and our fees and we would like to have a little bit more interaction or dialogue. Only annually. So, don't worry, we won't make you come every month. Council, do you have any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Mr. Freckleton. Bruce, I can't find -- and maybe it is in the contract language, but I don't see anything in here in terms of the expectation the city has of these folks, who, in fact, are representatives of the city and are viewed by the public as the city, as it relates to our customer service and the expectations we have. Is there something in there? If not, should it be added? Freckleton: Madam Mayor, Councilman Rountree, the -- the only specific reference that's in the contract regarding -- regarding customer service, basically, is there is a provision for termination if they are not handled in a courteous fashion. So, as far as an expectation, there isn't anything specifically written in here. One thing that we are all doing is we have spoken with Candy Weaver regarding coming in sometime shortly after the first of the fiscal year and doing a little presentation to all of our guys to basically convey to them what the city's expectations are for customer service. I think this is something that we are going to try and do annually, at least, just to make sure that we drive the point home that they are representing the City of Meridian when they are out there and that -- you know, to try and drive home the care -- the care --drawing a blank. Meridian City Council September 20, 2005 Page 7 of 74 Rountree: Madam Mayor. Appreciate that, Bruce. I would encourage you to do that. And then, I, would encourage the principals of all the agreement contractors that -- not just the principals receive the training and information, but it gets to their employees in the field. Freckleton: Yeah. And this little seminar that we are going to do, my intention is to have all of their subcontractors there as well. So, we would have all 19 of these contract personnel there. Rountree: Thank you. De Weerd: Any other questions? Mr. Wardle. Wardle: Madam Mayor. Bruce, as I think you and I discussed just briefly, the idea of a time line expectation for these contracts and, essentially, a liquidated damages if there is a failure to complete within a certain amount of time. Is that something that we will be looking at for a year's contract, potentially, or have you had a chance to speak with the contractors about it? Freckleton: Madam Mayor, Councilman Wardle, it is something that -- since we had the dialogue last week, it's something that we kicked around in the office for sure. We are -- next week we are going to be holding our first session of our PIG Two group and that is the Process Innovation Group. The focus of this gathering will be on the building department. So, our hope is that we can, hopefully, identify some areas that we maybe do need to look at. We also have had a study done. AspireOn came in -- well, it was shortly after, or before Gary left. AspireOn came in and kind of did a small study of our building department to try and give us some suggestion of some areas where we might Idok at improving. Brad Watson and myself are -- we need to get together with Phil and finalize that report. At the time the report was started, I think that they didn't really get a grasp of how many people were actually working in the department or out of the department. When they were there doing observation it was during the day when these guys are out in the field doing inspections. So, we wanted to try and get his report a little more rounded around all activities and not just those that are being handled by city employees doing the administrative functions up front. So, we were going to do that. And, then, with the -- like I said, the PIG group starting next week, hopefully we will identify some areas that we need to focus on. So, I guess I have gone the long way around the tree, but to summarize, what I would like to do is address this issue maybe at the next -- the next fiscal year when we are talking about budget, as far as putting a clause in for the liquidated damages and that sort of thing. Let's see how we do through this next fiscal year and maybe readdress it next year. That would be what I would propose. Wardle: And, Madam Mayor, follow up? De Weerd: Uh-huh. Meridian Cily Council September 20, 2005 Page 8 of 74 Wardle: Bruce, that's something certainly Ithink --Ithink that we should look at and measure this year. We talk about deliverables and the actual inspection itself, but I think that we are taking the right step bringing Candy in, but I think that we need to somehow have some measurable expectations that the city and the public can judge the contractors by and they can judge themselves by and try to gain performance. Freckleton: One other thing that I think will really be able to aid us in that effort is getting our developer -- or our building department coordinator on board and developing some tracking tools and having that person just having their finger on the pulse, basically. De Weerd: Thank you. And I guess it never hurts to have clarity on both sides. Expectations and are they reasonable. So, those are in place to just set what the expectations are. It's easier to look at those and deal with the unknowns and we have been -- we have gotten good feedback and so it's just another measure that I think as we look at our contracts and try to fine tune them, the more clarity we can add, the better off I think we all are. Wardle: Madam Mayor, just to clarify. One of the things that when I read the contracts, the city certainly has a clause for violation, but, really, our only cause of action is termination of the actual contract. And so for some of those violations that are smaller, that we can set some expectations, I think it would be reasonable for us to place those into place, rather than just have a complete termination of the arrangement. Freckleton: Certainly. And one thing that -- a point I would like to make is it is really hard to try and gauge what the activity is going to be like coming through the door. I mean as you saw from those graphs it's kind all over the board. For these guys to be able to staff accordingly and try and project what next month's going to be like, it's pretty difficult. So, they have done a really good job keeping up with things. We -- on our inspections the contracts state that they are to be done within 48 hours. Inspections, if they are called in prior to 8:00 o'clock in the morning, they get done the same day. If an inspection request is called into the office after 8:00 o'clock, they are done the next day, the following day. So, at most we area 24 hour turnaround on inspections, so -- De Weerd: Bruce, as I understand it, we are looking at the fees and also call backs. I think as we strive for quality inspections, we need to make sure that if they are called back to a site to reinspect, that there is some compensation for that. Ithink that that is not unfair and we do need a look at that in its entirety and I'm glad to hear that the building position has been accepted and we will get them on board and start working towards some of this fine-tuning. Freckleton: Yeah. De Weerd: Any other questions? Ted. Baird: Madam Mayor, Members of the Council. Meridian Cify Council September 20, 2005 Page 9 of 74 De Weerd: Sorry. Mr. Attorney. Baird: With regard to the performance expectations, I would make a recommendation as part of the customer service training that there will be a handout that would put forth in writing what some of the city's expectations are and I know that Candy Weaver routinely has asign-in sheet where the participants acknowledge that they have received the handout, so we can put that in our file and link it up with that termination provision that you have mentioned, as, of course, the last resort. But that's sort of the link between letting the contractors know what our expectations are and following through to make sure of that. De Weerd: We would certainly welcome hearing from our contractors. Are there any comments? Fire. We just need all of this on the public record. Greene: Madam Mayor, City Council Members. De Weerd: Please state your name. Greene: I have discussed with Bruce -- I have no objections -- I mean we should try to meet our deadlines as best we can. But, on the other hand, what is the expectations on the gentleman or group that submits the plans if I have to go out and measure hydrants, because nobody put the hydrants there or the information is not there. Then, my choice, I feel is to reject the plans to start with, because I don't have the information to do a timely review. So, I'm not against -- or I don't have objections to a penalty, but, then, I think there should be expectations put on the developers of what they are required to do, because I have spent -- myself I have spent 12 hours sitting down with a professional engineer doing her work, because she had no idea what to do. And when I brought that question to Bruce, how much time am I supposed to do here, the response was -- and he was being up front -- well, we would like you to help her out. Well, you know, where does helping out and meeting the time line -- where does that separate? I mean I can spend a lot of time -- I mean I have laid out hydrants for Winston Moore's development. Is that my job to be customer friendly to go beyond to meet the requirements of being good value to the city and to the customer or should I say, well, geez, I have got a time line and I don't have time to sit down with you? And I think that should be part of the decision about penalty clauses and not just, well, you guys got to crank them out. Because the faster we go the more we miss and, then, we are out on occupancy day. Yeah, we got it out in a week or two weeks or whatever you want, but, then, we get out there because we missed something, because we were worried about a time line. And, then, we are doing it on occupancy day. To me that's not fair to the customer. De Weerd: I would agree with you. And that needs to -- and I don't know anything about your field, but are those not on the plans? Greene: Many times they are not. In fact, the one she had no clue. Meridian Cily Council September 20, 2005 Page 10 of 74 De Weerd: Well, you know, I think the onus is on them. You know, that's why they hire professionals. That is why we have asked the tracking system to be put in place. That is why they have codes that they need to follow. And Council might have a difference of opinion to it, but you are not to do their work for them. Greene: Then, the phone calls go to your office and, then, Bruce and I spend like we did the other day an hour and a half trying to figure out what the phone call was about and, then, he spends hours doing a-mails back and forth. Freckleton: Madam Mayor, one thing that we have talked about doing is to implement a process similar to what Boise does. They do apre-application meeting with applications for commercial projects where there is a checklist and we sit down with the applicant before. he submits his application and we go through and we make sure that he has all the elements of the application that we are going to be looking for specifically. I have asked Rich to put together a checklist that are things that he's specifically going to be wanting to see on the plans. So, our hope is to be able to get them before they actually even make it into our process, to be able to weed them out at that point, rather than -- rather than have them enter the process and, then, have problems with time lines and that sort of thing. So, we want to work with the applicants, with their design consultants, before the application is submitted to make sure that it's done correctly. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just a comment, Rich, on one of the things that you said. I don't think that anywhere in our contract that we need to look for what if we miss something. I think the city's expectation is the job is done professionally, that everything within the code is checked, and, certainly, one of the things that I would say for our inspectors when we start to look at time lines, let us know what's reasonable. I think we are asking at this point tell us what's reasonable, but at the same time, I think that the city needs to certainly look at what it takes to do a thorough job, a full job, just as we expect now. Greene: Well, Madam Mayor, Councilman, I'm all for doing that and I have no objection to that. I just think that part of this gathering of information, the other side of the coin is I think the development community needs to step up and provide the information on the plans, so that there is a timely turnaround, so that we don't have to call or chase an architect down, because that just takes time and, you know, if he doesn't return the phone call, then, you're into the second day and, you know, what he -- from my perspective say, well, what do I do, do I wait to try and help him out or I just stamp them, you know, unapproved and sent back, because I don't have that information? I don't think that process serves us very well. De Weerd: Well, what you can do on the front end certainly will save in that. Any other questions, Council? Comments? Meridian City Council September 20, 2005 Page 11 of 74 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think the idea that Mr. Freckleton talked about in terms of what is the city's expectation and what are your expectations from the development community. Obviously, they have the codebook, but, you know, not everybody is going to sit down with the codebook on every project and there are certain things that you are going to highlight. So, if that's in the checklist form, the city creates apre-application process where that can be gone through, I think it will save a lot of time. In terms you of doing work for applicants, no, if they haven't done a reasonable job, to me, the timeliness is to let them know, one, you didn't do a reasonable job, here is what we need, and here is where you can find it and here is a written notification that your plan has been rejected. So, you have official documentation in the tracking system that a transaction transpired, as opposed to a telephone call or a left message or whatever, which is one, I'm sure, the Mayor and the building department get into an issue with a developer or builder, that's what happens, is there really and truly isn't an official record and that -- I mean, to me, that just cleans it all up. If there is a rejection, it probably ought to -- there ought to be some kind of a notification and you fill in the blank the reasons why, much like the electrical inspection, you know, you didn't get the circuit breaker connected, you know, you didn't do this, that, or the other thing and you know what to fix. Greene: Okay. De Weerd: And I think you all are more aware of the things that are commonly missed or that seem to crop up more often than not, that you can put in that check-off list. You know, most common overlooked items and, then, point them out or write them out, so that they know those are items you will be looking for and they will be called if they are not complete. Greene: Okay. Thank you, Madam Mayor, Councilman. De Weerd: Thank you. Any other comments? Well, thank you for joining us tonight. We appreciate your attendance and look forward to seeing you again as the building department brings out the fee schedule. Thank you. Council? Rountree: Can we do all of these in one fell swoop? Okay. Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve the Public Works building development service agreements one through five and authorize the Mayor to sign and the Clerk to attest. Bird: Second. l Meridian City Council September 20, 2005 Page 12 of 74 De Weerd: Okay. Motion is to approve Items 6-A, one through five. Is there any discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. B. Mayor's Office 1. Discussion of Detox Center: De Weerd: Thank you. Item B under Mayor's office, we do have discussion of a detox center and tonight we have Sheriff Raney with us. Thank you forjoining us, sheriff. Raney: It's a pleasure, Mayor. I'll hand this to you, unless you are overly awake and want to clear that, you might decide -- De Weerd: I did give them the executive briefing that you had given us -- or e-mailed to me. Raney: Well, there is an extra copy, then. De Weerd: Okay. Raney: And good evening and thanks for the opportunity to be here. I'd first like to talk to you not as the Ada County sheriff, because this isn't sheriffing business, this is about the business of our community and the fact that if somebody has a substance abuse problem, whether it be alcohol or methamphetimine or cocaine or whatever it may be, and they can't afford private treatment and they want to go to sober up or they want to go to get treatment, there is nowhere in Ada County where they can go and receive services. Where do they end up? Our police officers, our sherifFs deputies, our ambulances, end up taking them to the St. Alphonsus or St. Luke's emergency room, they sober up to the point where they are typically around a .30 or medically stable and, then, often end up in the Ada County jail. While some may think that we don't pay for those people to go to those emergency rooms, you all know better, as I certainly do as well, that impacts all of us. In the jail, the impact is not so significant in the jail, we take them into a sobering area within the booking station, they stay there for a number of hours, and they are probably released, not a great fiscal impact. But the time that it takes -- and I would leave it to Chief Musser to describe that for you as far as the City of Meridian goes, for the police officers to take them to the emergency room and sit with them until they are sober enough to be transferred over to the jail, has typically been a fiscal impact to each of the government entities. So, what happens is that I, as well as a number of people in this community, have been involved in that detox issue for a long time, talking about what we should do and what we can do and those are two different things. Time goes by, I, as well as some members of the audience, have been working on this issue and, low and behold, several weeks ago now the Ada County Meridian City Council September 20, 2005 Page 13 of 74 commissioners approved 6,075,000 dollars forme to build a jail medical facility attached to the jail. And without going into a lot of detail, the great need for Ada County is to actually have a better, sufficient medical facility to operate for the in-custody inmates. And it strikes me, when I realize that money is going to get approved, that there is some sort of logic here, because I see the need, I see a lot of good community will for a detox center, but I don't see the funding available, nor probably the space for some sort of relationship. When Mayor Coles had the detox initiative back in I believe it was 2002, it was going to be around seven million dollars to build and three million dollars per year to operate and that would be about a 12 to 18 bed facility. I called up an architect who has worked with us in the past and I said if we wanted to build at the same time we build the medical facility, if we wanted to expand that square into a rectangle and build a community detox center and that would not be part of the jail, it would not have an entrance through the jail, it would not be processing through the jail, it would not say Ada County sheriff, nor I think even Ada County above the door, but it would be a non- custodial community entrance that happens to be co-located with the jail. About what do you think that would cost? And he put pencil to paper and came back with about three million dollars. So, for probably double the number of beds we are at less than half of the price of a stand-alone facility. We put a little pencil to paper and because I have afull-time nursing staff in the Ada County jail, that nursing staff, I realize, could pass through a security door on their rounds, having just completed rounds for the jail medical unit, and go check the inmates in the custodial -- or in the non-custodial detox facility. Program staff that are already in the jail providing programs to Ada County jail inmates could pass through the secure doors and provide programs to community members on the community detox side. Security staff, obviously, are already present. The noncustodial facility, I think there is a good deterrence of some presence and certainly there will be problems there, there will be fights, there will be withdrawal issues, but, obviously, there are deputies there to attend to those. By those efficiencies, which is really what makes this attractive, the 2002 stand alone facility are getting operating costs to about three million dollars a year. Under this model we estimate the operating cost to about 800,000 dollars a year. Now, a good plan would come to you well thought out, well researched, well proposed, and ask you for financing. I don't have any of that stuff. What I have is an idea about how to make something happen in this community that I think, otherwise, probably can't happen. What I'm asking you tonight is to consider the very near future commitment -- and if you turn to about page three -- the very near future commitment of somewhere in the neighborhood of 52,290 dollars. And that's a rough figure. But you don't have to -- you don't have to decide today, because what I did, if you will follow this math, is I used 2004 census figures and Meridian has grown, but I think there is some proportion here and I proportioned out what the city populations were to the overall county population. So, if you follow that logic, the 2004 census figures show that the City of Meridian was 13 percent of all of Ada County population. I, then, applied the 800,000 dollar -- roughly 830,570 dollar operating cost to make a portion whereby Ada County would pay an amount for every citizen in Ada County. So, for all -- I think it's 340,000 people or so in Ada County, whatever that census figure was, Ada County would pay for each of those citizens. For each of them in Meridian as well. Then, on top of that, each city would pay an equal Meridian City Council September 20, 2005 Page 14 of 74 amount for the citizens in their city. So far everybody has felt that's a fairly fair formula. I just frankly -- De Weerd: Fairly fair? Raney: --drew it out of my head, so if anybody has a better idea, they are welcome to put it on the table. But I think it is fair and I think the county accepts a lot of responsibility by donating the land for the facility, donating the operation, the liability for it being part of the jail, operating it with Ada County staff, but Ada County can't do this alone, Boise City can't do this alone, Meridian City can't do this alone, it takes government to make all of this happen and I think this is an equitable relationship of that financing. You may say what about going out and seeking federal funds, grant funds, state funds -- Health and Welfare has a nice pot of money for substance abuse right now, and it's my belief that I would welcome the use of that funding, but all good measures in this arena tend have a pattern and that is that everybody comes up with the money to build them, everybody comes up with grants for about the first one to maybe three years to operate them and, then, their grant funding runs out and they go defunct and close down. And without going into the belaboring of Community House, I think that's probably a good example of the best of intentions gone bad. I don't want to see that happen with this. So, I believe the government has to step up and make the commitment that this can't happen, coming up with -- in partnership of the county, all of the cities, and potentially St. Luke's and St. AI's, all of the capital funding to build it, all of the operating costs to sustain it, and, then, if, by chance, we can offset it with grant funds or other available monies, great, let's try to do that. But we have to have the commitment to make this sustainable ongoing with or without grant funds, because sooner or later they are not going to be there and this is something that needs to continue on in this community for some time to come. I have gone to the three county commissioners, to the CEO of St. Alphonsus Sandy Bruce, to the CEO of St. Luke's Ed Dahlberg, as well as every mayor and some of the councils were invited in this. I don't speak for any of them, other than to say nobody has said no and everybody believes that this has a lot of promise. By the financing alone, if we can't make this happen with this amount of money, then, we are not going to make anything happen for a long time to come, because a stand alone facility will be considerably more expensive to build, it will be considerably more expensive to operate. Taking this to some groups that include advocates, I was concerned about some of the stigma that might be present at attaching this to the jail. I had run this in my mind of what we may be able to do with landscaping, architecture, paint, and I think to be short, what I am going to ask -- if we can make this happen financially as government entities, there are a number of people - - City of Boise has a detox committee that has really done some good research. Each of the government entities, I believe, wants a voice in what may happen to some degree and some input, some knowledge of where their money is going, to be responsible to their constituencies. United Way of Treasure Valley has been very supportive and has offered a lot of resources and, in particular, Bob Banks, retired executive from Albertson's, who sits on the United Way board, along with me, has kind of taken this under his wing and he has built many many Albertson's stores and buildings across the country and is lending his expertise. So, I won't belabor this out. I will stand for Meridian City Council September 20, 2005 Page 15 of 74 questions from you or if you so care, I'm certainly open to standing for questions from the community, but I hope you embrace this and agree both that it's needed and that if -- if we can't make it now, we probably won't make it happen for many years to come and so, .therefore, this is an opportunity we need to seize. I guess my last caveat is -- my first business responsibility is to operate the business of sheriff of Ada County. There is no greater liability and I have said this on the record many times before, there is no greater liability to Ada County in my mind than the medical facilities that we had. Our risk manager has agreed and so, unfortunately, with that, October 1st we are hoping to move ahead with the planning and construction of the medical unit. So, that's why I say, the very tight timeline and I apologize for that, this is I know very difficult for you. I will say there is a bright side and that is that it's going to take about 18 months to build. So, essentially, what I'm asking you for is somewhere in the neighborhood of whatever that figure was, 53,000 dollars, to be committed for your -- not this year's -- this coming year's fiscal budget, but next year's fiscal budget, prorated and offset as much as possible. But, then, a continuance for years to come beyond that. With that, Madam Flagship Mayor -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Thank you. Rountree: The first comment is I want to commend you for taking this on. I think it's a very worthwhile cause and somebody had to do it. You mentioned a couple rather sizable nonprofit organizations in your discussion. Has there be any discussion about a public-private partnership involving them? Because, certainly, this would defray some of the costs that they don't recover when they have to deal with these in emergency room services. Raney: I have spoken with both of them. They are in some difficult positions, of course, with their own capital campaigns, as well as their perceptions of equity between their two organizations. And I don't get involved in that. Suffice to say that both have committed operating support to the best of their ability. Now, the difficult side is that we could allow a -- say, for example, a St. Alphonsus nurse to come over to the detox center and would welcome that support of having somebody come in and I see many community volunteers coming in, but on a daily operating cost, I, frankly can't let those nurses into the jail to take advantage of those efficiencies. What I have asked for from them in ongoing operating is the potential for psychiatric social services programs, tele- medicine, very important to me in reducing liability and getting good care for people. Both entities have committed a lot of support to saying they would welcome the opportunity to help with that. Beyond that, I will be meeting again with them very very shortly and I'm not sure what they are going to do. I think it's probably government's first role. They have looked at the cost benefit they know what that is. What they will do with those figures I can't say. Rountree: Madam Mayor, just a comment that that's what I wanted to hear it being talked about and I think they will probably be receptive in the long run. Meridian Cily Council September 20, 2005 Page 16 of 74 Raney: They have been very supportive conceptually. Very supportive. De Weerd: Well -- and I think, too, as we discuss the substance abuse and like I talked about last week, we had our celebration of recovery awareness and a lot of it is what happens after they leave the detox center and that is where the community steps up and makes sure that these resources are known when those people pass through the doors, what the next steps are. And I believe that's what the community's role is in our for profit and our nonprofit and our faith based community in serving those people once they leave that they are not alone and I believe that our anti-drug coalition at that -- at that awareness day we talked about how many AA meetings are in the valley and I believe there were close to 300 a week, 30 a week out of the City of Meridian. It's a great segway into our next discussion, too, but, you know, the substance abuse issue in this valley has got to start meeting that head on. This is an excellent way to start with some of the mediation part of it, the prevention part, that they have been detoxing in our hospitals or in our jail without any of the resources once they leave and this gives hope for that betterfollow up. Raney: Absolutely true, Madam Mayor. And I might want to clarify what I see is a few sobering stations, a short-term transition, if people can afford it, then, certainly transitioning them, pairing up with community programs, whether it be AA or something else, but, frankly, there is a lot of limitations. We know that a lot of people are going to come in, sober up, they walk back out the door to go to the next bottle. Unfortunately, that's a reality, but Ihave afull-time staff member that does nothing but provide treatment after care programs out of the jail. I'm very proud of the success of the programs. In fact, we are just getting some research validation of the decreased recidivism of people that have gone through Ada County jail substance abuse and active behavior change programs. I had a staff member who provided that after care that the Mayor talks about. This would be a center where we could bring many after care providers, where you could return to -- initially there would be a little stigma, do I want to walk back up to the jail -- I think it will take a very short amount of time for word to spread you can walk in and receive care, whether it be sobering care, whether it be a program's care, and as long as you don't commit a crime you're going to walk back out. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Sheriff Raney, you spoke to two of the things that came to my mind right off the bat and that's voluntary check in and also state support and I still believe -- personally believe that this is a state issue. It isn't an Ada County issue. It's not just a city in -- the cities in Ada County issue. It's something that, you know, the state needs to look at in terms of its support, just as it does -- whether that's through Health and Welfare or whatever. I, too, am concerned about a facility that would be part of the jail, whether it's a medical portion of it or whether it's, you know, bars and locks, it still, to me, has some issues about the comfort level of people who have not committed a crime Meridian City Council September 20, 2005 Page 17 of 74 and yet are either needing to sober up or check themselves in, whatever that happens to be. I think it's perhaps a good start. I have a lot of questions about it and probably the biggest one that I have, Council, is how we can dedicate funds next year, whether we are on the Council or not, whether we can make that decision or not. Those are funds that can be dedicated by, you know, the Council that happens to be the seat at the time. I mean we are allocating funds that we have no control over in this year for next year. Raney: Right. Donnell: So, those are just my comments. Raney: If I could, Madam Mayor, Mrs. Donnell, every government agency faces that same -- you cannot obligate future councils, the commissioners cannot obligate future commissions. I think what all of the government entities are looking for is a reasonable commitment, knowing that that's -- that we have to work within the law and that's the law. As far as state support, I have spoken with the first lady, who is very supportive of this and has a pretty good thumb on some access to recovery grant money currently in Health and Welfare's bank. Again, the sustainability of that money is limited. So, it's one of those pots of money that Isee -- if we can make this happen, we can probably offset some costs, get it going, and look at more a long term support. Right now I'm told there is not long-term state commitment, but there is short-term commitment money available. And, you know, just to further on the stigma, we talked about that over and over and, in fact, there is people in the audience who could speak to that, but Ithink -- I think it can be overcome. People come to the public safety building for a lot of reasons. They visit people in jail, they walk back out the door. They get their driver's license, they get their license plates, they get information -- it is an issue and there will be some lesser amount of service than if this was a stahd-alone facility somewhere down along the greenbelt or somewhere where the homeless population may -- it may serve a little bit better. I suppose my feeling is that something is better than nothing and I see the alternative as probably nothing. Donnell: Thank you. De Weerd: And we did talk about the grant funds, the access for recovery funds, and I saw the first lady today at the governor's coordinating council and those monies, you know, would most likely be available. I would say, too, that the state of Idaho in these grant funds is far above what other states are doing and it bodes well for more funding. It certainly isn't guaranteed. But I appreciate your cautious approach, too. And building a sustainability model on grant funds, you can't do that. Raney: Right. De Weerd: Chief, do you have anything you would like to add? Meridian City Council September 20, 2005 Page 18 of 74 Musser: Madam Mayor, Members of the Council, I would support the comments that Sheriff Raney has made at this time and also in conjunction with that, as we move to the next item, my sentiments are the same, that sometimes in order to get action on the part of the state we have to step up to the plate and kind of be the first ones and, then, they seem to follow in suit if we have something that's working and, then, they start making more of a focus on it. So, I would support the sheriff in that regard and I think we both have sat down and looked at a lot of the same types of studies and we were involved in a lot of the same types of programs and we see that trend occurring constantly. De Weerd: Thank you, chief. Council, any further questions? Did anyone want to provide any additional testimony? It's not a Public Hearing, but if you came to support the sheriff and you have anything to say, you're certainly welcome. If you -- you would need to come and speak into the record -- for the record. Please state your name. Lanier: My name is Charlotte Lanier. I am the spokesperson for the Community Detox Coalition, but I am a resident of Boise. And I heard through -- that tonight was your City Council meeting and we have been talking about -- in the Community Detox Coalition, we have been talking about the fact that, you know, what do the outlying communities -- because often what happens it becomes Boise centric. And that's why my friend and I came tonight, because we wanted to hear what your questions were, because this isn't just about Boise, this is about our whole county, and I personally have been touched by this problem. In the last year I lost my eldest son to a drug overdose and so I have become quite passionate. If my son, who was 23 at the time, had been able to get detox -- detox through a facility, I think he would still be with us. Unfortunately, he detoxed at my home and wasn't able to stay clean and sober. I think he was getting to that point. I think it's very clear that people who begin the road to recovery, they have slips and they have problems and sometimes it's a long journey, there are sometimes people that go through, you know -- like the sheriff was saying, there are people that go through maybe a couple of times or maybe -- I have talked to people in Portland that went through the Hooper detox five times before they got it, but once they got it what a blessing, because they are now productive people, you know, and we are not wasting money. And so this is something I really believe in and I would really like to see the county -- you know, all the players in the county -- also the community to get behind this and that way we'd also like to invite you to Sobertest, which is September 30th, which is going to be a community -- for the whole county community thing, a street dance, a party, to celebrate recovery, because we believe that this is something that needs to get attention in this community and we need to have some events where people actually are celebrating the folks that do make it and there are some of us that are trying. Thank you. De Weerd: Thank you so much. We appreciate that. Lanier: And I think what the sheriff is doing is very innovative and so does the -- and the Community Detox Coalition has voted unanimously to support him. De Weerd: Thank you. Meridian Cily Council September 20, 2005 Page 19 of 74 Curtis: I'm Melanie Curtis, I'm the Executive Director of Supportive Housing and Innovative Partnerships. We were a group that proposed to do detox about a year and a half ago. We have been working continuously on it and I am very happy to give our support to the sheriffs idea. We think it's a wonderful idea, because as we worked on it, did budgets, we knew that there is no way it's going to fly and no one organization can do it and it's going to take everybody coming together. And, you know, we have -- we have people to save. So, I just want to let everybody know that we are totally behind the sheriff in this endeavor. De Weerd: Could I ask a question? What kind of community support as far as financial and time-wise has your coalition been able to gather? Curtis: We have raised around 10,000 dollars and so we will -- we will be meeting -- we are putting on Soberfest as well. And so, hopefully, you all received invitations -- or they will be coming any day in the mail, but we -- that will also be a fundraiser for -- yes. That's it. That will be a fundraiser as well. And so what we -- what we currently do is we provide clean and sober housing. So, we are -- we are the resource that can step up after people have detoxed and provide that clean and sober housing with the accountability piece. So, we will be working together certainly. We look forward to working with all the city councils and Ada County and the mayors, as well as the sheriff, so -- De Weerd: Thank you so much. Well, thank you, sheriff. Do you have any parting remarks or -- I guess -- I guess there is a meeting this week. I have asked Chief Musser to represent the city at that meeting and certainly he would like to represent the thoughts of Council and so I think it would be helpful if you could give an indication of what your thoughts are. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: They have got my support a hundred percent. And I'm sure that the citizens of Meridian will back a hundred percent, too, because it's a long overdue program and it helps everybody within the county, even within Treasure Valley, not just the county of Ada. So, you got my support a hundred percent. De Weerd: Thank you, Mr. Bird. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Thank you, sheriff, for being here and presenting this. Certainly I support the notion and am optimistic of additional funding. I think that the city should certainly look Meridian Cily Council September 20, 2005 Page 20 of 74 at those. One of the questions I had for the chief that I think will certainly make this easier, is in my mind this seems like a very large problem and I think if we actually got some data from our officers on incidents and things that are happening in our community, we could certainly justify at least this additional expenditure. And one additional question, sheriff. Is this an adult-only facility? What would be -- would there be any -- Raney: We believe it would probably be adult only. Both males and females would be the design, but, as I understand it, getting into allowing juveniles in there, which initially I wanted to do, but apparently in the non-custodial environment even it adds so much of a dynamic that I think we are going to be prohibited from that, sadly enough. De Weerd: That was a good question, Councilmember. I think, chief, that would be a very good idea to gather some information on what -- how it would impact us. I know the sheriff had mentioned time saving, officer time in our hospitals, and bringing them down to the jail, those kind of things. If it's something that we can capture, certainly, that will help with the compelling data to put money towards it. Musser: Madam Mayor, Members of the Council, we can collect that data and have it for you. On an offhand, it's approximately anywhere from about four to four and a half hours per officer if we are on a mental hold or a detox hold at this time before we get clearances. So, that's a good portion of an officer's shift at any given time and it takes him completely out of the town. But I will get you some hard numbers on that. De Weerd: Okay. Wardle: And, Madam Mayor, just another number or a figure that might bring some light would be either perceived or verified overdose calls, which are certainly, I think, something that we have a tendency to overlook at certain times and would definitely warrant this center. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I don't know that this -- we can necessarily make a motion, but my direction would be to have the city finance director Kilchenmann put this item on the list of things for consideration in rising to the level in the 2007 budget. Bird: If that's a motion, I second it. De Weerd: Okay. I don't know if we need a motion. It probably would be good for the record and maybe for the sheriff, but -- Rountree: I think that's the most commitment we can make. Meridian City Council September 20, 2005 Page 21 of 74 De Weerd: Yeah. Okay. Well, the motion is to direct the finance director to have it on our short-term planning budget for next year and it will come in front of the City Council at that time, with a favorable support at this moment. Is that a fair summary? Rountree: That's a good summary. De Weerd: Okay. Mr. Berg, I will call a roll call on this one. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, sheriff. Raney: Thirty seconds of indulgence for an editorial. I just want to say thank you, because when I have addressed this with every government unit, including my own, I appreciate Mayor de Weerd's leadership in how she addressed the issue. The questions were not about who else is going to be doing what, it's this is important and we should make it happen and you followed that up and I appreciate your community leadership. Thank you. 2. Discussion of Draft Pseudo-ephedrine Ordinance: De Weerd: Thank you. That does lead us into our next item and I apologize to those that are here for agenda items for public hearing. This is important city business. One of the discussion items we had last week was on the pseudo-ephedrine ordinance that I will ask Mr. Baird to give us an overview on. But substance abuse is an issue in our valley. Sheriff Smith over in Canyon County was doing an unofficial tally of some of his more recent guests that were coming into his jail and one hundred percent of them had a meth problem or had used meth and, certainly, this effort was in front of our legislature last year and there were some issues to work through. At the local level we feel that we have worked through those issues. We have worked with our retailers. A lot of the major retailers have already made a statement in putting pseudo-ephedrine products behind the counter and we are looking for some local efforts to do that and to have some enforcement to it. So, with that, Mr. Baird, I will turn this over to you for a brief summary and overview of what's in front of Council. Baird: Thank you, Madam Mayor, Members of the Council, what you have is a draft ordinance that was distributed to the Treasure Valley partners in an effort to have all the jurisdictions in Canyon and Ada County, including the municipalities and county governments to have a uniform regulation. We received a lot of input from the state police, from the state board of pharmacy, from our local law enforcement, from other prosecuting agencies and what you have is a compromise, what we feel is the least burdensome request for local regulation to the local merchants. Really, what it does is it puts in ordinance form what some merchants are already doing. It only addresses adult strength, it only addresses tablet form, so that jell caps, liquids, children's medicines will Meridian City Council September 20, 2005 Page 22 of 74 all remain on the shelves and it attacks the one item that's been identified by law enforcement as being the problem and that is adult strength tablets of pseudo- ephedrine. Limits three per transaction per day. Doesn't contain any logging requirements for the merchants. Doesn't contain any identification requirement, it just merely requires that the merchant verify that the person purchasing is an adult. So, it's there for your review. We are seeking some direction on whether you'd like to have that back. I should mention that -- you probably read in the Statesman there is a federal proposition. We would ask that you go ahead and consider acting locally now. At such time that either the state or the federal government institutes something that is more restrictive, we can certainly repeal our local ordinance. But we feel this does raise the awareness and gets the issue out and puts some important, reasonable restrictions in the marketplace. De Weerd: Council, we have also been working with Representative Ring, who has brought this through the legislature last session, as well as Representative Bastian. The counties and the cities would .like to have a unified signing of this by the end of October, which certainly gives an opportunity for your consideration. So, would appreciate your comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree and I hope this is a very strong -- in reading it, it sounds like it's about as strong as we can get it at this point. It sounds like it's enforceable, which I like to see in an ordinance. If we are going to write an ordinance, we need to be able to enforce it. So, I, for one, am for bringing it forward and getting it passed and getting it under law within the City of Meridian, because meth is the worst problem, I believe, we have right now at this point. De Weerd: It's an alarming problem and certainly this is just one piece of a pretty complex problem that -- where we can make a difference, we certainly want to try. Any other questions or comments? Wardle: Madam Mayor? Rountree: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Madam Mayor, my only comment on this is that my fear that federal legislation will be different than this, but I think from the city's standpoint and a community standpoint, if we act in this together, all the communities come together, then, when we do have a national policy that we can adopt as a community and look at how best to facilitate that with our retailers and with our public. So, certainly, I agree that for us to band together to do this and to work with this problem is important on the outset Meridian City Council September 20, 2005 Page 23 of 74 De Weerd: Thank you. Mr. Rountree. Rountree: Madam Mayor. A question for counsel. This, in fact, is the model that is going to be proposed to all the elected officials in the county -- in both counties? Baird: Madam Mayor, Councilmember Rountree, this is what has been distributed. I have received minimal feedback. I continue to get requests from law enforcement to include an identification -- positive identification requirement and a logging requirement. We are trying to walk the fine line and compromise that putting reasonable restrictions that the merchants will not find to be overly burdensome. In reviewing the legislative proposals from last session, it's my opinion that one of the reasons it failed was that one of the propositions is similar to the current federal proposition that requires these over- the-counter medications be distributed only through licensed pharmacists, which would remove a huge amount of the marketplace and I think it's because of those stronger, more restrictive regulations that resulted in the failed consensus. So, that's why we are proposing this. I haven't received any negative feedback that any of the jurisdictions, the councils, the mayors, want to see anything more than what's here, but I haven't heard anything positive or negative, to be honest with you. So, we are continuing to seek feedback on it. De Weerd: And it was also thought that by putting the age in there, just like in other situations, if age is in question they will ask for I.D. Rountree: Madam Mayor? De Weerd Mr. Rountree. Rountree: Assuming we act affirmatively on this, is it your desire to have this go in effect upon your signing with the group of elected officials or immediately or what's your pleasure? De Weerd: I believe -- and I could pull it up. It was suggested by the end of the year to allow the retailers an opportunity to get those behind the counter or set up a lock up situation. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: If there is Council support for the current concept, I think what we would seek from the legal staff -- on behalf of legal staff would be your direction to continue to coordinate with the otherjurisdictions on a coordinated implementation and so we'd bring this back to you published in ordinance form ready for your consideration at such time that we are aware of the timing that the other jurisdictions have in mind as well. Meridian City Council September 20, 2005 Page 24 of 74 De Weerd: And I believe that was the end of the year for the reasons to allow the retailers to prepare. Bird: That would certainly be my desire, to have them go forward as they see fit. De Weerd: Okay. Rountree: Is that a motion? Bird: That is a motion. Rountree: Second. De Weerd: Okay. We will put this on your agenda for Council action and we do have a Treasure Valley partnership meeting next week and I will bring back next week, then, a time specific. Bird: And they will continue, Madam Mayor, to work with the other legal departments in the county and bring the final rendition of the ordinance back? De Weerd: Yes. That's what we will bring. If there is any changes, we will give an overview on that first. Bird: Okay. Thank you. De Weerd: Okay. There was a motion to bring this forward. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. City Attorney -Bill Nary 1. Discussion of Ordinance Amending Title 1. Chapter 11. Section 4 of the Meridian City Code regarding Annexation: De Weerd: Okay. Thank you. Item C, City Attorney. I don't think you're Mr. Nary, but I imagine you're prepared to give these reports. Baird: Madam Mayor, Members of the Council, I am prepared to make the presentation with regard to the proposed amendment to Title 1, Chapter 11. It's in your packet and all it does is allows the city to take application for annexation where there is a voluntary request of the land owner, as long it's contiguous and adjacent to the city, but without the requirement that the land be within the area of impact. It's just matching up our ordinance with what's allowed under current state law. If you're in agreement with this, r Meridian City Council September 20, 2005 Page 25 of 74 we could, actually, consider moving it to the end of the agenda or we can bring it back at a future date. With that I'll stand for questions. De Weerd: Okay. Council, any questions? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we move Item C-1 to the end of our agenda for consideration. Bird: Second. De Weerd: Okay . Motion to --okay. Suggestion from the clerk is to go ahead and act on it now. Rountree: I'll withdraw my motion. Bird: Second withdraws. Donnell: Okay. I'll make a motion. Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I'd like to make a motion that we approve the ordinance amending Title 1, Chapter 11 of city code regarding annexation. Wardle: Second. De Weerd: Okay. The motion is to approve Item 6-C-1. Is there any discussion? Mr. Berg? Berg: Thank you, Madam Mayor. I'll just read the ordinance number that we are going to adopt. Ordinance number 05-1182, an ordinance amending Title 1, Chapter 11, Section 4 of the Meridian City Code regarding annexation and providing for a waiver of the reading rules and providing an effective date. Roll-call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. 2. Ada County Request to Commit to using the New Cell at the Landfill: De Weerd: Thank you. Okay. Item 6-C-2. i Meridian City Council September 20, 2005 Page 26 of 74 i Baird: Thank you, Madam Mayor, Members of the Council. In your packet are a number of items pertaining to the Ada County's application to expand the landfill. You have a -- get to that section. You have a copy of the feasibility study and, most importantly, the issue to be addressed by you tonight -- or within the next few weeks is the letter from Rick Yzaguirre, dated August 5th, where the county is seeking a commitment from the city to utilize the expanded landfill. We do have Steve Sedlacek in the office -- or in the audience tonight. In my office. Your office. And he may have some input on this. I should also mention that there is a letter from attorney Frank Walker, who represents Idaho Waste Systems. They are offering an alternative to the Ada County Landfill. They have requested to give you a presentation on how that may or may not save you money. The Idaho Waste Systems facility is in Elmore County, just across the county line. There is no requirement that you act on that. I just wanted to call it to your attention. And with that if Mr. Sedlacek has some words, I think now would be a good time. Sedlacek: Thank you, Madam Mayor and Members of the Council. Sanitary Services has -- De Weerd: If you will state your name, please. Sedlacek: Oh. I'm sorry. Steve Sedlacek. Sanitary Services, 2130 West Franklin. De Weerd: Thank you. Sedlacek: Sanitary Services has produced a memorandum to the Solid Waste Committee with our comments on the feasibility study. I don't know that if that's in your packet or not. I know Councilman -- Rountree: We had it previously. Bird: We had it previously. Sedlacek: Oh. Okay. Councilman Rountree was part of our Solid Waste Committee where we talked about this. We, frankly, has the hauler of the garbage in Meridian, would -- we believe this is a City Council decision. Obviously, we'd just as soon stay out of where you want the garbage sent. We can take it anywhere you want. Effectively, January 1st our transfer station will be operational and we can drive it to anywhere you want. It just costs more money the farther you want to go. We have nothing but good things to say about the Ada County Solid Waste Department. They have offered innovative programs throughout the years at low cost. And also we have worked with Idaho Waste Systems in Elmore county. We ship a little bit of waste out there that we collect in Elmore county. And they run a perfectly good operation also. So, I'd just leave that up to the Council. One concern -- I think we are at a crossroads where the city could ask for -- if you have concerns about how the county is raising their rates -- I know that the Mayor and I sat down on a meeting a few weeks ago -- or perhaps it was more a month ago regarding how the county tends to bump up their very rates very C Meridian City Council September 20, 2005 Page 27 of 74 abruptly and very -- a lot and perhaps there is some chance here to negotiate how things are run. Although, frankly, the county could probably say to you, well, say yes or no and that's the way it's going to be. So, I guess I'll leave those thoughts up to you. I'm not sure who -- where we go from here and -- De Weerd: I think that's fair, if -- and, certainly, Steve, we want to keep the rates to our citizens absolutely as low as possible and if -- I know we get better economies of scale by keeping it as close in as possible and certainly by bringing it to the Ada County Landfill, that gives us also additional opportunities for the recycling and those kind of hazardous waste and those programs as well. So, that certainly is a benefit to our community. I think you raise a good point in -- upon Council's recommendation that it can be written in our letter to suggest that we do need a better process of keeping fees in line and doing it on a more frequent basis, so that the impact is not felt so heavily. Also, that it's done in a timely manner, so we have the appropriate notification to our citizens and it is in line with the other cost of living adjustments that are needed to be made as well. Sedlacek: One of the concerns I expressed in my memorandum -- well, just, first of all, this is a 15 year commitment that the city is going to make to the county. After the 15 years is up I'm not sure exactly what happens under state law, but during the 15 year commitment, if, for example, all the cities were to opt into this system, you are allowed to opt out. You are still on the hook for some of the capital costs, but people can leave. And what happens, then, is that the people who stay are left with higher operational costs and those costs will be passed onto the public if people start to split up. And one of the concerns I have is there is a proposed second landfill in the county and if you start spreading the waste, the rates will rise and Idon't -- I'm not ever going to take the waste there to this other second landfill, but -- so Meridian will be presumably at the original initial landfill. It seems odd that we are all making this commitment to one spot and, then, all of a sudden there is the option to leave. Well, a commitment is a commitment to me and it seems like we ought to go to the same spot. Just an observation. It's a pitfall. I don't know that there is anything you can do about it, because that's how the Idaho Code is written. But it's a concern. De Weerd: Well, if it's a pitfall, I don't think we can encumber future councils. Mr. Baird, is this something they can even be asking us to do? Baird: Madam Mayor, Members of the Council, it's written into the statute and I had the same thought when I was reviewing it, it specifically requires that we make along-term commitment. However, to counterbalance that out, you do have the opt out provisions and it does give a specific structure for how you will be charged for your cost of withdrawing. So, really, in answer to the question of how do we proceed, where do we go from here, we have 90 days from the day of August 5th letter to respond to the county on whether it's the intention of the city to participate in the proposed facility or to develop an independent solid waste processing facility independent of the county. Meridian City Council September 20, 2005 Page 28 of 74 De Weerd: Is this something that we can ask of the county once the second site is built, how that will affect the rate structure of this site that they are asking us to commit to? Baird: Madam Mayor, Members of the Council, I think that's a fair question. If you do not feel it's been properly addressed in the feasibility study, you could probably ask for additional information and that request would probably give you some additional time to respond. Sedlacek: One of the parts of the statute -- I don't want be too -- act too much like a lawyer here, but -- I don't understand it. One of the issues is when you make the commitment specifically states that they do not have to commit back to you that they are going to meet any sort of rate structure. They can double the rates every year -- not that they have. I mean they have a very good history operating the landfill. But it's a one-sided commitment. De Weerd: Mr. Wardle. Wardle: Madam Mayor. Steve or maybe Councilman Rountree can refresh my memory. Did the Solid Waste Advisory Committee come out with a recommendation at the time that the county was doing their feasibility study? Did not? Rountree: No. Sedlacek: No. Wardle: Okay. And, then, my follow-up question to that is there are additional services which citizens of Meridian receive at the county landfill which would not be available in the Elmore site; is that my understanding or -- Sedlacek: I think that they would make all of those -- all of those programs available to the citizens. They'd have to come up with a household hazardous waste collection program. They would have to come up with a waste segregation program. De Weerd: Probably with a fee. Sedlacek: Well -- and they would have to tell you what that is. I don't know. De Weerd: Okay. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Just an observation, I guess, since this is the first time that I really had anything to do with waste much. And that's -- it seems to me that Ada County has us over a barrel. It reminds me a little bit of -- okay, I'm going to go back to my, you know, Meridian City Council September 20, 2005 Page 29 of 74 past life and it's like local school districts that are told that they have local decision making authority and, then, end up with no local decision making authority on some issues, because there is a state board above them that writes the rules and I don't know quite how we have any options with Ada County when it comes to landfills, unless we decide to have our own. So, do we have any good land that we can start creating our own landfill? De Weerd: Oh, good heavens, no. We don't want to do that. Donnell: I really don't. I was joking. But it still just bothers me. Sedlacek: Madam Mayor and Councilman Rountree, I believe specifically in city ordinance it's prohibited that you develop a landfill. De Weerd: Thank you. Sedlacek: Unless you want to change the ordinance. Donnell: I want control. Rountree: You want more control. Sedlacek: Under state statute I believe the counties have ultimate control of disposal and cities have control of collection. And that's the way the state codes have been written and we have been living with that for, you know, many many years. De Weerd: Well -- and our voters are the same voters for the county commissioners and if we can out -- or outline in our correspondence to them the concerns of public notice and more timely notice, so that we can encourage our citizens to comment, I think we are at least encouraging a more interactive public process than has been done in the past. Donnell: Follow up, Madam Mayor? De Weerd: Uh-huh. Donnell: Because that's exactly what happens, is that there -- without those provisions in place, then, really, the city bears the brunt of the criticism when rates go up, not anybody else. Okay. I don't like that. De Weerd: That's why you get paid the big bucks. Any other comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. r Meridian City Council September 20, 2005 Page 30 of 74 Rountree: We have a bit of time here and I'm not going to practice law and Bill and Ted can do that for us, but it is -- yeah. Thanks, Bill. But if there is a way to provide some degree of protection in a counter offer or a counter in the ultimate acceptance of Ada County handling our trash to where we might be able to get out with minimizing cost, if they, in fact, become noncompetitive, once there are competitors in the three county area and, then, I would also suggest that this probably was drafted a number of years ago, don't know what the date is on the statute, but it might be something that we would like put on AIC's legislative calendar for review by the legislature. The whole topic. Donnell: You're so politically correct. Rountree: It's politics. You got to play the game, so -- Baird: Madam Mayor and Members of the Council? De Weerd: Mr. Baird. Baird: The statute does talk about operating an independent solid waste processing facility. It's not necessarily our landfill. You do have an invitation from Idaho Waste Systems to make a presentation to you on how they could provide with you that independent solid waste processing facility. If, indeed, you're looking for some negotiating points with the county, it might be worth your while to consider hearing from them and how they are able to take waste from Valley county, Boise county, Bingham county, as well as Elmore county, and the municipalities that are contained therein -- I'm curious myself, to be honest with you. So, I don't want to promote that, I just wanted just to point out that you do have a letter requesting an opportunity to make that presentation to you. De Weerd: Okay. Council, what direction would you like to go? Rountree: Just a question, Madam Mayor commissioner? Is this Frank Walker here the ex-county Donnell: Ex-county commissioner. Defeated. De Weerd: Yes, it is, Mr. Rountree. Rountree: I was curious. De Weerd: So, what would you -- how would you like to proceed forward with this? Baird: Madam Mayor, Members of the Council, we have until November 5th to respond to Ada County. We can continue to look into it, come back to you with additional information, and if you have a desire to hear from Idaho Waste Systems, we can put them on a future agenda pursuant to your motion. Meridian City Council September 20, 2005 Page 31 of 74 Donnell: Great. Do we have to make a motion? Rountree: Go right ahead. Donnell: All right. Madam Mayor, I'd like to move that we delay response to Ada County commissioners regarding the landfill and direct city attorneys or whoever to contact Elmore county and ask them to make a presentation at a future Council meeting. Rountree: Second. De Weerd: Okay. Motion is as stated. Is there any discussion, Council? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: I'm thankful that Dean is here tonight, so that he can capture that motion. There were no items moved from the Consent Agenda. Item 8: FP 05-056 Request for Final Plat approval of 53 single-family residential building lots and 20 common lots on 18.25 acres in a R-4 zone for Kingsbridge Subdivision No. 1 by Vision First, LLC - 4070 South Eagle Road: De Weerd: Item 8 is a FP 05-056. We will open with staff comments. Canning: Madam Mayor, Members of the Council -- there we go. The first plat on your agenda tonight -- we do need to talk about all three of them briefly, but the first one is Kingsbridge Subdivision and I do need to point out that there is one issue -- or, actually, two issues to talk to you about. This is a large preliminary plat, so it's on several drawings. The important lot under consideration is this one right here. It fronts Eagle Road. This is Dartmoor Subdivision just north of it and it's squared off as it faces Eagle Road. But as we go to the final plat, you will notice that it's angled. Now, normally I would not bring this to your attention. However, in the agreement that the developer made with the Dartmoor community, there is some very specific language about perimeter lots and more specifically about those that border the Dartmoor Subdivision and it certainly meets the intent. The intent is to not increase the number of lots. For example, taking three of these lots and creating four lots instead. So, it certainly meets the intent of what their agreement was. However, it does say that no perimeter lot in Kingsbridge Subdivision shall be reduced in size below the square footage shown on the preliminary plat and this is about 3,600 square feet less than what we approved on the preliminary plat. Staff is -- and my determination is that it still in substantial compliance with this, but I felt it important to point that out for Council's consideration Meridian City Council September 20, 2005 Page 32 of 74 tonight. The other issue involves tiling in an irrigation ditch and Mr. Grady is going to speak to that one. De Weerd: Anna? Canning: Yes. De Weerd: Is that the northwest corner of the plat? Canning: We don't have a vicinity map for you, but perhaps this is best. This -- you can see how Dartmoor fits in here. Okay. And, then, you come down and you go south -- oops. And this is that corner. So, it's, actually, toward the southern end of the project, but it's the north -- northwest corner towards south. De Weerd: Northwest' corner towards south. I believe that neighbor was very concerned about drainage and I'm just counting on my memory, but is there a topography issue where that's a little bit higher than the neighbor to the west? Canning: The neighbor that testified at the hearings was actually this neighbor. This was way further south. De Weerd: Oh. Okay. So, it's against the road? Canning: Yes, ma'am.. And the purpose of angling it off in that -- as I understand it, is to allow -- it's going to help the pressurized irrigation system. They are using that as a reserve pond for some water. But it will be aerated, so it will be a water amenity. So, this neighbor would still have a backyard, but they are going to have a water amenity. So, I think it's ultimately in the -- to the benefit of this property owner, but it just doesn't meet the exact wording of the agreement, but certainly meets the intent. De Weerd: Okay. Thank you. Len, did you have comments? Grady: Madam Mayor, Members of the Council, with regard to irrigation ditches, the preliminary plat had mentioned that all ditches were to be tiled. There are two ditches there, a Ten Mile feeder and Nine Mile drain, which are going to be virtually impossible to get approval to the those and staffs recommendation is that we relax that and we are fine with not requiring those to be tiled. De Weerd: Okay. Is the applicant here? Do you have any comment? It's like asking an attorney if he has any comment. Kirkham: Not quite. De Weerd: Please state your name and address. Meridian City Council September 20, 2005 Page 33 of 74 Kirkham: My name is Kirby Kirkham. Business address 462 East Shore Drive in Eagle. Madam Mayor and Members of the Council, I will just kind of address what they have -- staff has done a pretty good job of explaining it. We did have -- well, in looking at the, you know, preliminary plat, we do our design and do the best what we can. When we get in deeper, for irrigation as far as the lot up in the corner near Eagle Road, it became the best solution to -- the developer didn't want to cut down that lot, but it became the best solution for irrigation for the project to have basically almost a holding pond that will incorporate into a water feature for the site and kind of our monument sign is planning to go there, to use that and we are going to pump out of that pond, so to route our irrigation water in there, so we don't lose, because we either have to use it or lose it and if we can have a little storage. That's, basically, the background on that pond. And, of course, no developer likes losing acreage, but we lost acreage to open space that will be in their backyard. So, that's kind of where that pond came in. And as far as the ditches, it will be virtually impossible to get approval of tiling those. It was our intent to the at least on the southern portion. We were going to come along the southern portion in our land on adjacent to Eagle Road, the Nine Mile drain, but per our conversations with the Corps of Engineers when we were going about permitting it, they classified it as a natural drainage way and to get an approval we must go under Title 27, General Permit, which does not allow piping a natural drainage way, even though it only holds intermittent -- maybe some stormwater and intermittent tail water from the ditch. So, it was our intent on tiling it, but now we are working with the Corps or Engineers to make it kind of a nice natural drainage way. We don't want any just rundown ditch there, so we are going to grass it with some -- well, per Corps requirements and per our developer we want to keep it nice, because it is going to be a pretty nice subdivision, so we are going to use some -- get the wording here. Some natural vegetation and keep it a -- basically an enhanced waterway is what it's called and classified as. So, unfortunately, we couldn't the it, as was our plan, but that's kind of the background on what we have there and the reasons behind it. De Weerd: Thank you. Council, do you have any questions for the applicant? Bird: I have none, Mayor. De Weerd: Okay. Thank you. So, you are in agreement with their recommendations? Kirkham: Yes. De Weerd: Okay. Thank you. Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 8, FP 05-056, subject to stafFs comments and the applicant's agreement. Meridian City Council September 20, 2005 Page 34 of 74 Bird: Second. De Weerd: Okay. Motion to approve Item 8 with changes as noted. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 9: FP 05-057 Request for Final Plat approval for 16 commercial building lots on 10.9 acres in a C-G zone for Dorado Subdivision by Kimball Properties, LLC -northwest corner of South Eagle Road and East Overland Road: De Weerd: Item No. 9 has been requested to be tabled. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we table FP 05-057 until September 27th, 2005. Rountree: Second. De Weerd: Okay. Motion to continue Item 9 to next week on the 27th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: FP 05-058 Request for Final Plat approval of 55 single-family residential building lots and 5 common lots on 20.81 in a R-4 zone for Bridgetower Crossing Subdivision No. 13 by Primeland Development, LLP -south of West McMillan Road and west of North Linder Road: De Weerd: Item 10 is FP 05-058. I will start this item with staff comments. Canning: Madam Mayor, Members of the Council, I do need to make a brief comment on this one also. The area that's circled is part of Bridgetower Crossing Subdivision. As the Bridge -- this is one of the final -- actually, it's the next to the last final phase of Bridgetower, I believe, and as Bridgetower has been built, lots have shifted out of some of the phases. This phase, actually, includes more than were shown in the preliminary plat. There are still quite large lots. The applicant has demonstrated with great detail that these are still within the approved number of the preliminary plat and I'm satisfied that substantially complies with the preliminary plat and we are recommending approval. And we do have a letter from the applicant stating they are in agreement with all the conditions of approval. Meridian City Council September 20, 2005 Page 35 of 74 De Weerd: Thank you. So, I don't imagine the applicant has any comment? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve FP 05-058 with staff comments. Rountree: Second. De Weerd: Motion to approve Item 10. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 05-030 Request for Annexation and Zoning of 5.1 acres to R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Item 12: Public Hearing: PP 05-030 Request for Preliminary Plat approval of 24 residential building lots and 4 common area lots on 5.10 acres in a proposed R-8 zone for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: Item 13: Public Hearing: VAR 05-018 Request for a Variance to reduce the street side setback to 10 feet for Windwalker Subdivision by Beckit Development, Inc. - 2770 South Locust Grove Road: De Weerd: Okay. Items 11, 12 and 13 are public hearings for AZ 05-030, PP 05-030, and VAR 05-018. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Windwalker project. It's located on the east side of Locust Grove Road north of Victory. And you will see, as you see here, it is an in-fill property. The Enclave Subdivision that you saw recently was just up here. So, we are just one property south of there. The applications before you tonight are annexation and zoning, preliminary plat, and a variance application. As you can see, there is one existing home on the property. That will be removed as part of the subdivision, as you see here. This is a request for annexation and zoning, as I mentioned before, and it would give -- the final plat creates 24 building lots and, then, four common lots on 5.1 acres in a proposed R-8 zone. The houses are -- I'm going to point them out, because the house layout does become important, as you see them there. They all share common drives and that's kind of the gray area. That's not a common drive, that's a single one. And these are all common. And these are, actually, Meridian City Council September 20, 2005 Page 36 of 74 two attached units facing a common drive and another two attached units facing a common drive. The request for the variance -- and Ilost -- there it is. The request for the variance is for the front setback. Normally, you would have 15 foot setback here and a 15 foot setback there. If you call this the side of the house, which is kind of how these houses orient, for awhile we had a five foot setback, particularly down here, that the adjoining property owners were upset about. So, the Planning and Zoning Commission recommended ten feet, which bumps this up to 15 feet, they are requesting ten feet here, and that's the variance. I can get into a little bit more detail about that as we go through. The Planning and Zoning Commission did hear this item on July 21st. At that first hearing they took quite a bit of testimony on the density of the project, the size and type of the houses proposed, continuation of stub streets -- this property has two stub streets to it. And the addition of potential pathways and park lots on the Eight Mile Drain, which is on the east side of the property. And, in addition to that, this side yard setback, particularly to the south, a five foot setback was being proposed on the south boundary. Planning and Zoning Commission tabled or continued the item to give the developer an opportunity to meet with the neighbors one more time. They held a second meeting and the neighbors were still concerned about the -- again, the major issue was the attached products on the south boundary and the five foot setback. They were still concerned, but they felt more comfortable accepting those units if the ten foot side setback was maintained along the rear setback. And that is how the Planning and Zoning Commission approved it. That necessitated the ten foot setback along the front to keep their units, as you saw before, their tolerances for fitting those structures in there is pretty tight and briefly staff is generally supportive of the variance in that this is an unusually shaped property. It is very narrow and it has two stub streets and you have to connect the two stub streets. You don't get to ignore one. The ACHD made it clear that both stub streets had to be connected it there to be a connection from one neighborhood to the other, you couldn't put a cul-de-sac here or a cul-de-sac here, and, then, not connect the two. You had to connect the two stub streets. So, given that constraint and the unusually narrow width of this property for a five acre property, there is some justification for a variance in this case. These are some of the elevations that the applicant has provided. And, again, this is the detail of the -- how those units sit on the lot. The outstanding issue before Council is, really, the variance. Council must determine that there is a hardship on the site that warrants the ten foot setback that couldn't be remedied in some other manner. With that, I will answer any questions. De Weerd: Okay. Council, any questions for staff at this time? Okay. Is the applicant here? If you will, please, state your name and address. Harris: Kevin Harris. Business address is 1800 West Overland Road in Boise. De Weerd: Thank you. Harris: First off, I'd like to say we agree with the conditions set upon us by staff. We have placed a great deal of effort into the plan in front of you tonight and we have gone through numerous layouts and this is the best plan that we could come up with for this property. The developer would like to discuss their plans of the development and the Meridian City Council September 20, 2005 Page 37 of 74 amenities this subdivision will provide to its residents, if I can sit down and let her come up. Thanks. Williams: Good evening. De Weerd: Good evening. Williams: Carla Williams. Business address is 2065 East Fairview Avenue in Meridian. De Weerd: Thank you. Williams: And I'd like to talk just a little bit about the features of the subdivision, the type of homes that we are planning on building in this subdivision and some of the benefits that we think we will be bringing to Meridian. It's kind of a unique design where we have common driveways, so the garages do not face the street. This is going to be a Northwest Energy Star subdivision and with the number of units that we have going in, we will save 108,000 pounds of greenhouse gases out of the air every single year, because of the Energy Star construction. I think this is the first Energy Star division -- subdivision in Meridian. And one of the features of Energy Star is we will save 30 percent heating and cooling resources in every single home. So, that's a nice feature. We are planning on plush landscaping, excuse me, as part of the homeowner association. We will be maintaining the yards. We will have a Mediterranean architecture. The homes that you saw here on the overhead are -- is actually another subdivision that is in Eagle and ours will be similar to that, although all of our floor plans are single level. There are no two story plans. And that was one of the concerns of the neighbors, having two story homes with the narrow setback that we had proposed. So, being all single level homes I think is beneficial to the neighbors that we are backing up to. We are planning on having a gazebo in one of the park areas, park benches and, of course, we have sidewalks on both sides of the street. The homes that will be in the subdivision, like I said, are Energy Star single level homes. Eight of the homes could be ADA compliant for customers that may want that. They will all be three bedroom, two bath, with oversize two car garages. They will be designed with a flex room kind of idea, so that one of the bedrooms could be a den, so you can have two bedrooms, plus a den. They will be two by six construction, nine to ten foot high ceilings. Hardwood floors, upgraded carpets, solid surface counter tops, fireplaces, covered porches, and the exteriors will be designed with low maintenance in mind. The elevation that you see here is -- it will be a typical elevation of this subdivision. It kind of has a Mediterranean look to it. The target market that we are looking for are empty nesters that are looking to downsize, but they want a lot of upgrades, with the smaller homes, but very nice homes. Retirees that may want a summer home and want to leave for the winter. They don't want to have to worry about that maintenance of their yards and so the maintenance of the yard will be included in the homeowners association fees. And so those types of customers could feel very comfortable leaving their home and it would be maintained. Homeowners that are looking for a highly efficient home, a home that has better indoor air quality, comfort, quieter on the inside, and environmentally friendly and the Energy Star package provides all of those type of benefits to the homeowner. Also Meridian City Council September 20, 2005 Page 38 of 74 grandparents that might want to be close to their grandchildren. And, as you can see from the bigger map, there are a lot of homes that are built around this area and there is a lot of grandchildren living in those homes. So, this could afford grandparents that want to live closer to their children, but don't want a big home and a lot of maintenance to that home, but they want something very nice. The next slide kind of shows you the view that John and Glenda Shipley have had for many many years out of their property. This view was really a 360 degree view, because when they bought the property there was no one around them. The next slide shows what's currently around them. It started with Los Alamitos to the north, then, Sherbrooke Hollows to the south. Thousand Springs to the east. And Tarawood to the east. Most recently Inglenook to the north. So, they have, basically, been completely built around and having endured the development and the construction of hundreds of homes and many subdivisions and they would just like to have a nice subdivision on the property that they loved and lived in for many years and we think that we have put a program together that will do that. We did have a neighborhood meeting on July 13th and there were seven major concerns that were brought up by the homeowners during that meeting. One of the concerns that was the homes would be too small. And, as you can see here, the average square footage in Windwalker is 1820 square feet and the average square footage of the surrounding subdivision, really, is pretty much in line with what we are proposing to build. The second issue that the neighbors had was that in Windwalker, because we have some zero lot line product, they didn't understand what type of home we were building and they were concerned that it could turn into a rental community. And our take on that is that investors are really looking for something alittle -- pretty low cost per square foot, so they can be competitive in the rental market and if you look at the cost per square foot of what we have projected, we think that we are coming in around 123 dollars a square foot, but the surrounding subdivisions, the lowest cost per square foot was in Inglenook at 82 dollars a square foot and Tuscany Village at 114 as the highest. So, Windwalker will really be one of the higher cost per square foot homes that could be purchased in the area. The reason for that is the features and the amenities we are putting into the homes, the landscaping, and the Energy Star package. The third concern was that the CC&Rs would change after people purchased and we turned the homeowners association over to the new homeowners. And our belief is that people really seek out and buy in communities that they want to live in and the reason they choose that community is because the way it's set up and managed. So, we really can't see that there would be any changes to the CC&Rs that we have proposed. The fourth concern was the traffic that would be coming through Inglenook and Sherbrooke to get to Windwalker and there was a concern about people speeding through and the children that play and live in both Sherbrooke and Inglenook. There was a request that speed limit signs be put in and children at play signs be put up and we would be in full support of that, but we do believe that that is ACHD's decision and responsibility if those type of things need to be done. We really don't expect that the people buying the homes in Windwalker would be disobeying the law and speeding. So, there is not a lot that we can do about that, but also you might notice that coming into Inglenook here, there is really not a very long street before you turn to come into Windwalker. Same way on the Sherbrooke side it's even shorter to here. So, it's not like you have a really long straight road to come through and speed on anyway. The Meridian City Council September 20, 2005 Page 39 of 74 fifth concern that came up was the park, which is right here in Inglenook, that the residents here would try to use that park, which is a neighborhood park, it's a subdivision park, it's not a public park. They do have a sign posted at the front of the park that it's for Inglenook residents only. We do have some nice common areas in the Inglenook -- or, excuse me, in the Windwalker Subdivision here and down here that is ample space for these residents to use and enjoy, without using the Inglenook park. The sixth concern were the setbacks, which has already been addressed, and we have already applied for that variance. I was able to talk with 71 percent of the households that back up to Windwalker, both on the Inglenook side and the Sherbrooke Hollow side. Of those 71 percent of the people that I talked to, either personally or on the phone, were in support of the variance, the ten foot setback variance. Ten percent of the homes are vacant and 19 percent of the people I was not able to contact. So, I don't know if they are in support of or against, but based on the 71 percent I think that they would probably be supportive. And the last concern that the neighbors had was the heavy equipment coming through their neighborhood in the development of the project. We do have approval from ACHD to use a temporary access, which is the current entrance that is right here on Locust Grove during the development of the subdivision. Once the subdivision is developed we would need to have construction of the homes come through both Inglenook and Sherbrooke. There is a couple of documents that I have attached in support of a number of things. The first one is a letter to Elroy Huff on the mediation of trees that are currently on the property. The second one is a letter from Patricia and Keith Onus, who live in Sherbrooke Hollow and are in support of the Windwalker Subdivision. And the final attachment is the residents that I have talked with about the variance and who has actually signed up in approval of that variance. Any questions? De Weerd: Thank you. Council, any questions for the applicant? No. Thank you very much. I do have three people who have signed up to indicate their support or opposition. If you would like to provide testimony, when I call your name, please, come up. Mr. Shipley is signed up for. Shipley: I have lived there for -- I'm John Shipley. De Weerd: Thank you. Shipley: I have lived there for 32 years. De Weerd: Mr. Shipley, if you will give your address as well. Shipley: 2770 South Locust Grove. De Weerd: Thank you. Shipley: We have lived there through all of this massive subdivision doodads. Three dogs come in the property today and killed five kittens. I'm still experiencing a lot of distress from neighbors that don't give a darn about anything. And especially they don't Meridian City Council September 20, 2005 Page 40 of 74 want somebody in their backyard. That's why the variance has been dealt with. But it was legal the other way, according to Anna and that department. But Carla has tried to be real nice and make the people happy. Another five foot wouldn't make any difference anyway. But the property is a certain size, that's it. We discussed a long time about how we could impact the community without impacting the schools and came up with the design. Old people pay taxes and they don't have kids that go to school. So, that park that's on the corner back there, you should remember about that, because when Hubble built that park, they built it for the neighborhood. I don't know what's happened in the meantime, but now that's -- that park's built on the Nine Mile Drain back there. Hubble built the sidewalk that they required along the ditch and, then, they put the fence in front of the sidewalk, so nobody can get on the sidewalk and that was for reasons -- the ditch company locked up the gate on my property, because they felt little kids could get down in that ditch. So, those kind of things should be addressed and maybe if they are going to put the sidewalk -- and a more connective sidewalk to the park that belongs to Hubble, then, I don't see any real point in that. That's about all I got to say. De Weerd: Thank you, Mr. Shipley. The second person was the applicant Carla Williams. Third Eric Strolberg signed up against. Strolberg: My name is Eric Strolberg. I live at 1872 East Dworshak Drive in Sherbrooke Hollow Subdivision on the south side. Madam Mayor, Members of the Council, here tonight to speak against the Windwalker Subdivision. I'm directly affected by this as my backyard will be five to ten feet, depending on how this is decided, from four duplexes. I have a hard time fathoming -looking at what's there how that 200 feet of pasture that I look at now will handle 24 homes. It's amazing to me. I have spoke to the other affected neighbors. We are opposed to this development plan. The ten foot variance was the only thing that was, I guess, allowed by the Planning and Zoning Commission for -- the plan itself may meet the requirements for the city, but this plan circumvents the requirements by turning the buildings sideways to avoid normal spacings and setbacks, which results in my property getting four dwellings versus one. Those regulations are set forth to protect me when I bought my property. I have normal five foot setbacks. Mine are greater than that in this area. And a normal backyard, I believe, is 15 feet. By turning them sideways and doing what they are doing, they have circumvented what I thought was here to protect me. I also get two-thirds more homes, more traffic, and more residents in a narrow, nonconforming street, which they say it now does meet that, but it's narrower than anything in the surrounding area. I, along with the neighbors, expected development on that property, we expected a like development in the area. If you look at the map, it's normal R-4 with single family dwellings. I'm not against development, but I am against this development plan. My other concern is if this is approved that there are no guarantees that this will be built and maintained as presented and that's partially with the drawings that they give is that guaranteed that's not what I'm going to get. The concerns that the CC&Rs would change after it's built are valid. I bought the house I bought based on the area and the CC&Rs that were in that area. I didn't buy it to change it and I didn't buy it to move into a high density housing area. So, that's my concerns. r Meridian City Council September 20, 2005 Page 41 of 74 De Weerd: Thank you. Any questions from Council? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: Mr. Strolberg, could you point to -- could you point to where your house is, please? Strolberg: Do you have the other drawing? It's easier to see. Right there. Donnell: Thank you. De Weerd: Thank you. Canning: Madam Mayor, Councilmember Donnell, I believe he indicated this one right here. Donnell: Thank you. Madam Mayor, one more question. De Weerd: Yes. Donnell: Mr. Strolberg, you mentioned that you bought your house with the CC&Rs in place and you expected that that -- that they would be that. Strolberg: Yes. Donnell: So, have they changed? Strolberg: My subdivision has not. It will change the fence. Right now it's chain link around the -- the association owns on the pasture side, which would be developed, and we worked with the developer to -- they said that they would put in a vinyl fence and so that will change. Donnell: Otherwise, they have not changed? Strolberg: Otherwise, no. And I'm just addressing her comments that that was a concern we had that this development as proposed has strict requirements of how it will be maintained and a concern is if it gets built, a few years down the road, it's not working, it doesn't sell, the people aren't living there as they envisioned and now it becomes rental properties or something different, which those CC&Rs could be changed. So, I'm addressing what she brought up. Donnell: Okay. Thank you. Meridian City Council September 20, 2005 Page 42 of 74 De Weerd: Thank you. Okay. Is there any further testimony on this application? Okay. Williams: I just wanted to point out -- De Weerd: If you will just restate your name for the record. Williams: I'm sorry. Carla Williams. De Weerd: Thank you. Williams: On the density portion and talking about four units backing up to a particular home, if you look at the way we have designed the homes, they do have a low profile, even though they are nine and ten foot ceilings. And if you look at any one of the properties along here, there is no houses backing up here, only one here. This particular property has two. But if you look at how it's laid out, it's not like there is three and four homes backing up to any individual property. Most of these properties only have one unit that is backing up to it. So, I wanted to point that out. De Weerd: Thank you. Do you have any final remarks? Williams: Well, we have worked really hard to meet all of the guidelines of Planning and Zoning. We have done as much as we can to try to accommodate the concerns of the homeowners. We have agreed to spend close to 55,000 dollars on a vinyl fence for privacy to help separate the subdivisions on both sides, both the Inglenook side, this entire -- this is a long parcel and for such a small subdivision, that's a huge commitment to make, to put in this vinyl fence on both sides all the way down. But, you know, if it helps to appease the neighbors and gives them some separation between their backyards and what we are trying to do. We are willing to do that. We have also listened to their concerns about the setback and submitted the variance. That's not something that we would really chose to do, we are only doing that for the neighbors to help try to separate those backyards -- and in this case our side yards to their backyard. And we have quite an extensive landscaping plan that's going to be going in this subdivision. So, we have done a lot of things to try to make it a very attractive community and be a plus to the entire section of subdivisions that are surrounding it. The fact that it's a long skinny parcel, it's been very difficulty to design something that's cost effective and makes the financial feasibility of it work with having this much road on five acres. We have been forced into that through the highway department. We were -- we had a plan that these were much smaller. I think it was like a 50 foot radius and the fire department wanted a little bigger turnaround, so we redesigned it for these hammerhead turnarounds and if you look at the percentage of roads that we have had to put in to try to meet all of the guidelines and try to make the project financially feasible, it's been a pretty interesting project to do all that and we think that we have done everything that we can to appease the neighbors and try to make this work for everybody. De Weerd: Thank you. Okay. Council, any further information needed? Okay. Meridian City Council September 20, 2005 Page 43 of 74 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not hearing any further need, I move we close the public hearings on Items 11, 12 and 13. Rountree: Second. De Weerd: Okay. Motion to close the public hearings on the Items 11 through 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the annexation request for AZ 05-030, subject to staff comments, testimony presented this evening, and that includes approval of Findings of Facts and Conclusions of Law. Donnell: Second. De Weerd: Okay. Motion to approve Item 11. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. I believe we need to do the variance before the preliminary plat. Okay. I would consider a motion on Item 13. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the variance 05-018 for Item No. 13. Reasons for the variance as stated by planning staff, the difficulty of developing a rather narrow lot and the ability to create an in-fill and minimize the amount of access on an arterial, creation of some road network within subdivisions. Meridian Cily Council September 20, 2005 Page 44 of 74 Donnell: Second. De Weerd: Okay. Motion is to approve Item 13. Is there anything further discussion? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Item 12. Mr. Rountree. Rountree: I'll do it. Madam Mayor, I move that we approve Item No. 12, preliminary plat for 05-030, subject to staff comments, testimony presented this evening, and Findings of Facts. Bird: Second. De Weerd: Okay. Motion is to approve Item No. 12. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a point of clarification. Anna, is the commitment from the developer to put vinyl fencing within the preliminary plat? Canning: I believe it is. I just put the file away. I can get it out, but I'm pretty sure it is. Wardle: Okay. Thank you. Rountree: Part of the Planning and Zoning conditions, as I recall. Canning: Yeah. De Weerd: Okay. Anything further? Okay. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: I must say for an in-fill project that we appreciate that you met with the neighbors and certainly the lack of a large number in in-fill projects is quite unheard of. Appreciate your reaching out, trying to address all of the issues that the neighboring community has. This is an awkward position -- or an awkward piece of property and the two connections and I appreciate the testimony we received tonight, but it is also nice to see a design that is not something that is going to devalue the surrounding properties. Meridian City Council September 20, 2005 Page 45 of 74 Mr. Shipley, I appreciate that you held out for the appropriate -- and I guess with the Energy Star development that you're proposing, it is going to be a quality that is certainly going to compliment the other neighborhoods and certainly not take away from it. So, I appreciate you all being here tonight. And, again, you know, we appreciate the developers who really attempt to address all of the issues and usually the best gauge is either a full room or not, so -- Canning: Madam Mayor, if I could add. I can't tell you how many site layouts I have seen of this and the former planning director came up to me just before she left and she goes that's the Shipley property, isn't it. This has been a difficult site for many years to design and credit to Mr. Shipley for hanging in there and waiting for somebody that could do what he felt was right for the city and meet his needs as well, so - Item 14: Public Hearing: AZ 05-028 Request for Annexation and Zoning of 2.06 acres from RUT to R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: Item 15: Public Hearing: PP 05-028 Request for Preliminary Plat approval of 18 building lots and 3 common lots on 2.06 acres in a proposed R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: Item 16: Public Hearing: CUP 05-037 Request for Conditional Use Permit for 18 townhouses in a proposed R-40 zone for Arnke Subdivision by Michael Arnke - 2070 West Pine Avenue: De Weerd: Unfortunately, part of it is you won't always please everyone. So, appreciate you coming in. Thank you. Items 14, 15 and 16 are public hearings AZ 05- 028, PP 05-028, and CUP 05-037. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this the Arnke project. It's located on the north side of Pine, just right next to the high school, and you may remember that the Meridian High School just recently annexed a small portion immediately north of the subject site and they will be coming in with annexation of this property, too. So, that leaves just two remaining properties. It's somewhat of an in-fill development, even though it's sitting in the middle of unincorporated Ada County ground at the moment, but it is an unusual site. The LDS cemetery is -- LDS cemetery. Seminary. The LDS seminary is to the east. Okay. You can see some of the structures out there currently. This is the proposed site plan and I need to explain this a little bit. What the applicant is proposing is 18 building lots and three common lots on two acres in a proposed R-40. The request for the Conditional Use Permit is for 18 townhouses and how these townhouses work are in sets of three. So, there is a townhouse here of three. Three here. Three here. Three here. Three here. And three here. So, there is a common access drive and I would imagine under the new UDC provisions that the fire chief will ask this to be a private street, so it will get a name and will extend out. Right now it Meridian Cily Council September 20, 2005 Page 46 of 74 shows that it's stopped, then, before it gets to the eastern property boundary, but one of the conditions of approval is that it actually extend out. You can see it a little bit better on this site plan, where you can see the massing of the townhouses. This would come all the way -- this private drive or public street will come all the way to the LDS seminary parking lot. These are the elevations. So, the front of the houses would face Pine and, then, they would face the school grounds immediately to the north. So, this would be facing Pine. This would be the view of the -- from the internal private street or service drive as it's shown now. And that's the front -- another front elevation or that's a side elevation. Perhaps the applicant may need to explain those elevations. The gross density of this project is 8.7 dwelling units per acre. It is shown as high density on the Comprehensive Plan, as is all the vacant land surrounding it is shown as high density as well around the school properties. I have shown the elevations. There is a requirement for a development agreement that the elevations would be -- comply with those that are presented to you tonight -- or are being presented to you tonight. The Planning and Zoning Commission has recommended approval. They did modify a couple of staffs initial comments and that was that they did want this access drive to not just extend to the end of these lots, but to actually provide across-access agreement with the LDS seminary. They also -- the applicant discussed with the Planning and Zoning Commission some opportunities for a private gate. The Planning and Zoning Commission did recommend approval of that. It says the request for the installation of a security gate at the entrance of the service drive from East Pine Avenue is approved and the applicant shall work with the Planning and Zoning staff to provide an acceptable escape route for vehicles that do not have access to the development. Regarding outstanding issues, staff is still not in support of having a private gate. Just in general staff does not support gating residential developments. The applicant in his testimony, if you could detail how that gate would be designed to minimize interference with traffic on East Pine. I think that that's important. And they should also address stacking capacity and the escape route as noted in the conditions of approval. With that, I will answer any questions that Council may have at this time. De Weerd: Council, any questions for staff? Okay. Bird: I have none, Mayor. De Weerd: Okay. Nickel: Good evening, Madam Mayor. Shawn Nickel. 52 North 2nd Street in Eagle. Madam Mayor and Council, just because of the lateness of the evening, I'm going to go -- I'm going to be very brief. I think we got all the issues resolved. But the one outstanding issue was with staff and that gate and my developer has withdrawn that request for the gate. And that's the reason we haven't worked that out with staff. We felt that it would butcher the property too much by providing stacking and areas for getting in and out of there, so we kind of dropped that. And the other -- just to clarify something that staff said, the units will actually face inward and not outwards towards the school and Pine. It's inward towards the courtyard. I have a little color picture here of kind of how that entrance is going to look and you can kind of see those units back Meridian Cily Council September 20, 2005 Page 47 of 74 within there. I think it's going to be a very unique type of development to the City of Meridian. This is a new developer builder in town. He's got some great ideas on how -- the look of this is on the packet that I passed out will kind of give you some colored elevations and so you can look at. The emergency access -- it's an emergency access connection to the LDS seminary -- not cemetery. And that has been worked out with the LDS seminary as far as across-access agreement for that and it will now be a condition of approval. With that, I will stand for any questions you have at this time. De Weerd: Counsel, any questions? Bird: I have one, Mayor. Canning: Madam Mayor, Members of the Council, I'm a little concerned -- I haven't seen these elevations. If they are different from these, we have tied the development agreement to the elevations that are in our file and so staff may need some clarification on the record as to which way those orient and the ones that we have got in the presentation, if they are the same, and which way they are oriented. Nickel: Madam Mayor, to address staff, these are the same elevations that were originally submitted and in the packet. So, nothing has changed from the original request. Canning: Okay. So, regarding the elevation with the sliding glass doors, is this facing -- I'm sorry, Madam Mayor, I shouldn't be talking to the applicant. It's your hearing. I apologize. De Weerd: That's all right. It saves me from -- Donnell: It says rear. Nickel: Madam Mayor, Council, and staff, just to clarify, that is a rear elevation that would face Pine Street with sliding glass doors. Canning: Okay. This is the interior with the garages; correct? Nickel: That is correct. Canning: And, then, what is this of? Nickel: That is also a rear elevation that will be facing Pine Street. A different elevation. Canning: Okay. Nickel: I hope that clarifies -- Canning: So, instead of a window on these, you have afrench -- a pop out. Meridian City Council September 20, 2005 Page 48 of 74 Nickel: That is correct. Canning: Got it. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I don't have any information. I suppose I do somewhere in the application about materials, design details. We asked the question of a person who is experienced in in-fill and multi-unit residential on how to get quality residential in these kinds of developments and their response was don't let people practice on you. Correct? So, my concern is that we see a lot of black and white elevations and when they go up, the same shingle color, the same vinyl siding, the same garage door color, and you have yet another Army barracks facility. I'm not inclined to be real favorable to that anymore. But I'm only one vote. So, I guess what I'm asking is what kinds of design details, amenities, obviously, the square footages that you're talking about are upscale and I don't mean upscale in terms of aloofness, but they are bigger than what we have been seeing. And that's good. So, can you speak to me as to design details and the use of materials? I see brick -- Nickel: Yes. Mr. -- Councilmember and Madam Mayor, the sizes are -- there is three different sizes of the units, 15, 17 and 2,000 square feet. As far as the building material, I'm holding an elevation here that shows a combination of brick with wood siding and some different type of window patterns. I think this is going to be -- and I understand what you're commenting on with the type of construction that has been seen in the past and I believe this is a higher end, quality building or structure that's not going to take on that boxy, drab, vinyl look to it. If you need any further definition, I would be more than happy to get the builder up and he can probably explain more detail of these units. Rountree: Thank you. Madam Mayor, follow-up with Annie --Anna. Canning: I have got my gun. Rountree: Shoot me. It's been a long day. I got up at 4:00 o'clock your time to get here, so -- are the CC&Rs addressing the exterior of the buildings in terms of -- is it common area? Will it be maintained by a homeowners association? How is it going to be taken care of? Meridian City Council September 20, 2005 Page 49 of 74 Canning: I'd have to read through the CC&Rs. The applicant can address that and, then, I verified it with what I can find in the CC&Rs. Nickel: That is correct, Madam Mayor and Councilmember Rountree. The common areas will all be maintained by a homeowners association. I'm holding in front of me a rendering of the landscape plan and the building -- an overview of the buildings. Rountree: Thank you. Nickel: And, again, I would be more than happy to have the builder come up and address any further construction questions you may have. Canning: Madam Mayor, I'd also, for Mr. Rountree, like to point out this is a Conditional Use Permit, so you are free to add conditions of approval regarding whatever you would like that might be enforceable that staff -- Rountree: Sure. De Weerd: Yes, sir. Please state your name and address for the record. Arnke: Good evening. My name is Michael Arnke. I'm the owner at 3070 West Pine. And with regards to the type of construction that will be conducted on this particular project, I only build class A projects. This will all be done out of architectural fiberglass shingle roofs. All of them will match. It will be done on a Hardy plank siding. I don't use vinyl or masonite. You will have -- I'm spending a lot of money to achieve that window design, because it's different and that's typically what -- you know, I always try to find something that's unique that's not being done on every corner. And we are doing brick in the rear yard. I don't know when you have ever seen that on any house in this town and -- because I have a strong feeling that when people are out in their backyards, that the back of the house should look as elegant as the front. And, basically, the -- it will be all low E windows on the south and the western exposures. It will be a 92 percent efficient heating unit, with a 13 Seer air conditioner, which is probably one of the highest standards in the valley. Raised foundation. Not slab. I'm spending my budget of between 78 and 85 thousand dollars in landscape, which on a square foot basis is about double that of the average residential unit in Eagle. I think it will be a project when we are done that you will be quite proud of. I have recently finished over 1,600 apartment buildings across the United States, particularly in the southwest. They are typically high end class A units. We just feel that if we build that type of product, that's the people that we command and I have had very good success with that. And I want to build another project in here and stand before you and stand tall. Rountree: Very good. Thank you. De Weerd: Well, I did notice that you had some military experience. I was just out at Mountain Home Air Force Base and they have a new builder in there, too. I was quite impressed with the multi-family housing they were putting up in that they had the garage Meridian City Council September 20, 2005 Page 50 of 74 on the sides, as well as in the front, to really breakup that front garage look and I would invite you all out to Mountain Home Air Force Base to see, actually, something we'd like to see in our community. Rountree: So, are you and the base commander working out some kind of a promotional deal? De Weerd: If I have to. You bet. But, you know, this is a different product than what we have been seeing. I still -- the garage look, I'm glad your street appeal is what it is. Arnke: Well, that's important, because that's the window to the community and that's the way it should be. The fence -- actually, the property will be protected with the typical mound application. Our application -- our landscape application is going to be similar to Two Rivers. However, not as dense, because in five years I don't want to be pulling trees out. But it will be every bit as -- I think as beautiful. We will use a lot of -- a lot of color, with a lot of good specimens. And, like I said, my budget is probably -- I have a -- Ithink Ihave apretty good budget landscapewise of between 78 and 80 thousand dollars, given the fact that we are only doing a half acre total. So, that's quite extensive. And the --all of the grounds will be maintained by the landscape association, as well as the units. So, typically, if you have someone who wasn't quite as tidy as the person next to him, at least it will be confined indoors and not outdoors. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I want to compliment him. I think these units are probably more appealing than about 90 percent of the single family units that are being built in supposedly high end subdivisions. I compliment the design and I think you have done a fantastic job and I think it will look very nice in the location out there. Arnke: Thank you. De Weerd: We appreciate you're not putting up boxes. Arnke: I couldn't do that. Canning: Madam Mayor? De Weerd: Yes. Canning: To address Councilmember Rountree's --just to verify, the CC&Rs -- they are drafted CC&Rs. They don't appear to be written specifically for this project, but, usually, that comes a little later. But they do address brick, stone, stucco, on the front exposure and that you need to have one of those. Encourages bay windows. Broken roof lines. Gable hip roofs. And, again, even within that they encourage brick, stone or stucco for Meridian Cily Council September 20, 2005 Page 51 of 74 the full height of those columns. It does talk about colors. So, there does appear to be an emphasis on the exterior appearance. Rountree: Thank you, Anna. De Weerd: This is a Public Hearing. Is there any further testimony? I believe I have someone who has also signed up. Paul Geile. Geile: My name is Paul Geile. I live at 4717 Willow Lane in Boise. My father owns the property immediately to the west adjacent to this property. I also would like to compliment the developer for just having a project that isn't going to be any trouble. We have had virtually no issues with this project going in next to us. I had two issues that I wanted to get clarified tonight. Can we go to the street map picture? Canning: I'm sorry, I was discussing candy stores with -- De Weerd: Can we go to the street map. There you go. Canning: Is this the one you wanted, sir? Geile: No, the closer one with the black and white -- that one. Canning: That one? Geile: The street heading to the west is heading towards my father's property and they could have clarified this for me, but I just didn't think of it. That's the end of a private drive, that's not a stub street of any kind that can go into that property to the west; is that right? Canning: Madam Mayor, shall I answer? De Weerd: Yes, please. Canning: That is just a private drive. It's not a public street that would be -- have to be extended. There might be an opportunity if you wanted to, but it doesn't have to be. Geile: Okay. And that was my assumption, just didn't look that way on that -- on that picture, but maybe I'm -- I was just concerned. The other issue is a very simple one, is the nature and height of the common fence between this property and the property adjacent west. And other than that, I have no concerns at all. Thank you. De Weerd: I believe in the staff report you probably have a six foot perimeter fence? Canning: I will double-check. De Weerd: We will let the applicant answer. Is there any further testimony? Okay. Meridian City Council September 20, 2005 Page 52 of 74 Nickel: Madam Mayor and Council, again, Shawn Nickel. I do appreciate working with the neighbor. We had a neighborhood meeting and he came out and we are going to be working with them on drainage and irrigation issues with our subdivision and their farm. That will be a six foot high fence. That is a -- more of a service -- a private drive, so it will not be stubbed to the west boundary. It's a private drive maintained by the homeowners association. And, then, I just want to make one I guess final comment. I think the word is out from -- in terms of the city of -- not only the City of Meridian, but also the city of Boise, their desire to kind pep up these multi-family projects and so I have been encouraging a lot of my developers to kind of be a little intensive as to what we bring forward with you and, again, to address your comment, I think you are going to start seeing some better designs, multi-family whether it's four-plexes or these townhouse units and any input you give I take right back to my developers. We want to make sure that we are not putting out in the community something that we are all later going to be a little embarrassed to drive by. So, I'll just kind of leave you with that. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Mr. Nickel, what is the type of fence? I think that was one of the questions. Nickel: I believe it's cedar. Vinyl. I apologize. A vinyl fence. Donnell: Vinyl. All right. Canning: Madam Mayor, that's currently not a commitment that's on the landscape plan, so the Council may want to consider adding that as a condition of approval for the -- for the Conditional Use Permit. De Weerd: At least clarifying that. Okay. Thank you. Nickel: Thank you for your time. De Weerd: And, again, thank you for a different project and certainly something we are not used to seeing. Mr. Wardle. Wardle: Madam Mayor, just by way of comment and just by noticing, this is a high density residential development and we have struggled with some of these in the past in the Old Town area. I would just like to point out in the sense that some of the discussions we have had is these do have individual garage or parking units for the residents and so it certainly can be done and has been done effectively in this application. I would expect to see some more in the future. De Weerd: But, again, I would suggest that -- the ones that I saw this weekend -- I mean I was a little stunned to see something that nice on an Air Force base, but it Meridian City Council September 20, 2005 Page 53 of 74 wasn't your typical development or high density and it had a lot of the bump outs that you see with this proposal and interest that made them more appealing. So, yeah, I was stunned. Bird: It's just taxpayers dollars. Donnell: Taxpayer dollars at work. De Weerd: It doesn't matter. I found a development I actually like, you know. I thought that was amazing. Canning: I'm taking pictures. De Weerd: If I had a camera I would have taken them. Canning: I'll go out. De Weerd: Anna, did you have anything further? Canning: Madam Mayor, I just wanted to -- Mr. Wardle pointed out a good point in that these do have two car garages and most of them -- all but the six eastern most lots, actually, have a guest parking area that can support two other vehicles. So, it's not only the enclosed two cars, it's another two cars behind it. And these units back here won't be able to do that, but they do have the enclosed two car garage. De Weerd: Thank you, Anna. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We hear no more discussion, I move that we close Items 14, 15 and 16 public hearings. Rountree: Second. De Weerd: Okay. It's been moved to close the public hearings. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. /, Meridian City Council September 20, 2005 Page 54 of 74 I Bird: I move we approve AZ 05-028 and include the Findings with the -- incorporating comment of staff and applicant and public testimony. Rountree: Second. De Weerd: Okay. The motion is to approve Item 14. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 15. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve PP 05-028, the preliminary plat for Arnke Subdivision, and to incorporate -- and pass the Findings, incorporate staff, applicant, and public testimony. Donnell: Second. De Weerd: Okay. The motion is to approve Item 15. I believe it's Arnke; right? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 16. Mr. Bird. Bird: Madam Mayor, I move that we approve CUP 05-037 and within the conditional use I believe a six foot vinyl fence on the exterior and to continue with the brick in the back of the building, as stated by the construction company, and to include the Findings and also include all staff, applicant, and public testimony. Rountree: Second. De Weerd: Thank you. The motion is to approve Item 16. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Meridian City Council September 20, 2005 Page 55 of 74 Item 17: Public Hearing: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: Item 18: Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family /clubhouse /office /daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. -north of West Franklin Road and west of North Ten Mile Road: Item 19: Public Hearing: PP 05-023 Request for Preliminary Plat approval for 1 multi-family residential building lot and 1 commercial office lot on 28.6 acres in proposed R-15 & L-O zones for Silver Oaks Subdivision by Conger Management Group -west of Ten Mile Road and north of West Franklin Road: De Weerd: Thank you. Items 17, 18 and 19, Public Hearing AZ 05-016, CUP 05-024, PP 05-023. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is before you on reconsideration, so staff will not do a lengthy review of the application thus far. I think this is an opportunity for the applicant to explain what they have changed that's before you tonight. They have removed -- De Weerd: Anna, we will let the -- Canning: Thank you. De Weerd: Thank you. If you will, please, state your name and address for the record. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon, 735 South Crosstimber. It's good to be in front of you again tonight. Councilman Rountree, it may be a surprise we are back in front of you. We are here at the reconsideration, so I won't go into a great deal of detail at this time, but in the reconsideration request we mentioned that there were a few projects that we know that you didn't like, we were trying to avoid doing those projects and we have tried to do a project that was a little bit different. It is a four-plex project and it's a rather big four-plex project. We have done some rather interesting things. To start off with an outline of the changes we made and, then, just an overview of the project. We basically took out seven buildings, 28 units. We are down to 280 units now in this project. The open space now for the entire project is about 30 percent of this project is in open space. We added open space at the entrance here and the entrance at this location. We took out all the buildings that fronted onto the public street, so there is no access taken off of the public street for any Meridian City Council September 20, 2005 Page 56 of 74 houses or any four-plexes in this area. We took out another unit in this location. Those are the seven units that we took out. So, it was interesting the amount of open space. And we have created a project that feels more a resort type development. Anna, can you go forward to another slide of the elevations. We have got three different elevations that are before you. We didn't spend a whole lot of time with these at the original hearing, but these are stucco with composition shingles. The major differences are in the treatments of the windows. These are 1,030 square feet and, basically, 1,100 square foot units within this building. There are two bedroom and three bedroom units. They have decks on the front and in the back. Different colors. Different window treatments. There is some with some smaller transom windows, arched windows. And a little bit of different window treatment on these units. So, they are a different type of unit, more of a resort type of feel. If you can go back to the overall. As mentioned, we did have somebody come in and talk to you guys about quality -- quality multi-family. There was about two or three things that I took away from that after talking with your staff and those who were in attendance, that one of the first things they mentioned was the design. Design is very important in your multi-family projects. We came into this trying to design something a little bit different, something with some open space and a four-plex. We tried to include a clubhouse and a separate fitness room. In addition to that there is a pool and a playground area and a ball court area and that's approximately 50,000 square feet. Centrally located within the project. Exterior to that -- to the central project, open space over and acre and a half in this location and large open spaces throughout and interior to the project. A pathway system that connects everybody to be able to get to the pool area and the clubhouse area. We have connected this project through to the west. Design is very important. This is very limited of what we can do with this piece of property. We only have 150 feet of frontage on Franklin. In designing this project we knew we would have to come up with a couple of different access points in order to meet fire requirements and to satisfy the requirements and need for the police department. This access is shared with the church. And Larry Woodard is here from the Cherry Lane Christian Church, the project you recently approved. And we are working with them to provide a common drive, a common road, actually, a common public road to this point, then, a private drive back to here to be split between the two properties, the church having access that goes all the way over the Ten Mile. The church has agreed to provide across-access for us on this project. It also provides for a cross-access throughout to get to Franklin. In addition to that, Avest Mini Storage has an emergency vehicle access located at this point, coming back through the Avest Mini Storage. When Avest was improved it was a requirement from the city to provide that access onto this piece of property. We are taking that through. So, there is actually one access here, a future access off of the stub street to the west, and, then, another access out to -- out to Linder -- excuse me -- to Ten Mile through Avest Mini Storage. I talked with Captain Musser and I have also talked with your fire department. Those accesses do meet the requirements for the fire and the police department. I talked with a couple of different commercial real estate brokers in town, talking about some of the comments that were made at the previous meeting about this property maybe being industrial in nature. There are some limiting factors to that. First was that there is all residential on the north side. Castlebrook Subdivision on the north. This project has already been approved for a medium density single family residential development. It Meridian Cily Council September 20, 2005 Page 57 of 74 would limit what type of uses would be allowed to the south of this and any type that would create a large amount of noise. Other types of uses that would typically require a use of a rail spur would not make a great deal of sense to these people based on just the proximity to the residential uses. In addition to that, there is a church right next door to this and the idea of putting in some higher use -- heavy intense uses right next to a church does not seem to make sense to the commercial builders in talking to them about this. So, we talked a little bit more with them. They said this, actually, seemed to be the right. location for this, because of what's happening with the Ten Mile interchange and we know there is going to be a lot of commercial development that happens with the Ten Mile Interchange. And this is going to put a lot of roof tops right next to that and be a lot of employment opportunities, possibly, for these people that live in this development to be able to have access to those stores for employment and to gain the daily needs that they have for living. So, we think that this is actually the appropriate use for this site. As we discussed at the previous hearing, the Comprehensive Plan indicates that this is the appropriate designation of high density residential. In taking out the seven units we have now reduced the density to 11.2 dwelling units per acre and so there is a small portion of the site that's not residential in nature, it's basically three and a half acres to the south. A day care use for those people that live in this area, they will have direct access to this day care. They don't need to take their kids elsewhere. And some office uses in the future. In talking with the church and with ACHD, there is a possibility in the near future that this would warrant a traffic signal at this location based on the amount of traffic the church will generate and this type of use would generate. It makes it very important to realize that these people to the west will have access to be able to get to that traffic light and that traffic light would be very appropriate at this location if traffic warrants are met. We tried to take your comments that you guys made at the last meeting. You talked to us about density, that there was an awful lot of units in this location. We reduced that by 28. Tried to soften it by putting that open space at the front of the project, so that when you drive into this project you actually don't see the back or sides of houses, you actually see a nice well maintained landscape area. This property will be maintained and managed by a single entity. You received the package that I dropped by the city clerk's office. There is an accredited property management group that will handle all the management for this. This will not be all single ownership with people receiving checks for rent from separate people. It will all be maintained by one person and I mentioned how important that is. So, this will be maintained and managed by one organization. You should have received a package from them. I know that there was some opposition at that time, but we believe that the changes that we have made helped to soften this project and we decreased the density. We have tried to do something different and we hope that you don't judge this project by some of the poorer projects that have been presented to you in the past that were four-plex projects. Please don't judge us by the other projects that we don't believe were up to the standard that we have presented to you. We'd ask for your approval tonight and I'd stand for any questions. De Weerd: Council, any questions? Rountree: I have none. i Meridian City Council September 20, 2005 Page 58 of 74 Bird: I have none. De Weerd: Okay. No. McKinnon: Thank you. De Weerd: Thank you. Is there anyone who would like to offer testimony on this application? If you will, please, state your name and address. Woodard: My name is Larry Woodard. I live at 1701 Almandan, north of Meridian. I'm one of the ministers of Cherry Lane Christian Church. Throughout the development of this plan we have worked cooperatively with these folks. Our road system and cross- access agreements we have worked out with them. We are pleased with what they have proposed. They bring us a congregation right next door to us. So, we think this is a good use of it and, really, I just came to say we support what they are proposing. Thank you. De Weerd: Thank you. I guess that's a good way to put it, Larry. Rountree: It's all about tithing. De Weerd: Okay. Any further testimony? Canning: Madam Mayor, I did want to just -- I feel the need to point out some differences between the UDC and the way things have happened currently, because I want to make sure that you know one thing and that's --this is currently shown all in one lot. If the applicant wanted to do a condominium plat in the future, that would not come before you for approval, because it wouldn't be adding any new units. So, they would be able to do that, just -- so because this was shown as one ownership does not mean that it might necessarily stay in one ownership without getting your approval. So, I did want you to know that. De Weerd: Okay. Rountree: Madam Mayot? De Weerd: Mr. Rountree. Rountree: If Anna would explain that one more time. Canning: Okay. It used to be that if somebody wanted to do a condominium plat, it would come before you just like any other condominium plat would. The new UDC allows that to just be a staff level approval, because there is no new development occurring, it's just a change in ownership. Usually, a change in ownership isn't Meridian Cily Council September 20, 2005 Page 59 of 74 important. It seems to have been an important discussion as part of these four-plex complexes. Rountree: Good job. Thank you. De Weerd: Dave, do you have any kind of pictures of what a building of that size looks like all stucco? McKinnon: Anything with me? All I have is these colored elevations that we have. De Weerd: I mean in real life. McKinnon: I don't have a photo of what this looks like in real life. This is what we have got. De Weerd: And it's just all stucco, there is no other type of accent or anything on it? McKinnon: Well, the architect is here tonight. He may be able to help me out with that. I'll let him answer that question. De Weerd: Thank you. If you will, please, state your name and address. Phillips: Yes. I'm Russ Phillips with Insight Architects, 2238 Broadway Avenue in Boise. De Weerd: Thank you. Phillips: What we have got proposed are three different elevations. As far as the detail is -- in the big picture, we are working with at least three different color combinations and, then, in the form of the buildings, the stucco -- we have chose that project, because it's low maintenance, it's a quality product that's recognized, used in resorts and other areas that are a little higher end. And, then, in the form of the buildings we have got -- we tried to illustrate with shadows that we have got shadow relief, so that they aren't flat facades, but we have got some changes in plane and some deep recesses and protrusions. We also have some floor plans. I don't know if staff has -- has those, but we have got some colored floor plans that illustrate that these buildings do undulate in and out quite a bit. So, we are really striving work with not just flat linear planes, but working with shadows and so forth. The detailing is stucco base as far as -- if we could blow those up somehow, but we have got -- for example, arches that protrude out and they will have, you know, a band that protrudes around that and, then, it's a deep inset window that's inset back roughly six inches. So, even around the windows we capture shadow lines. We also on some of the units -- one of the building types we have got a wrought iron -- like window boxes and a hint of a balcony in front of some of the windows, so that we give it some other character. And, then, landscaping is very important. Our landscape architect is working with a variety of plant materials, shade trees that you don't always see anymore, but shade trees, the mid level canopies Meridian Cily Council September 20, 2005 Page 60 of 74 and ornamental trees. So, we are trying to integrate, you know, not just the buildings being a statement, but the landscaping and the open space, shadows, everything relating together. De Weerd: So, you show that's the back side of the units that show the balconies and -- Phillips: Those are -- well, we will have -- the balconies both on the front and back. De Weerd: Oh. Okay. Phillips: These are the front entries. Let's see if I have a little pointer here. But these -- for example, these recesses here, this is where the stairs go up and those recesses go back roughly 15 to 20 feet deep, for example. And, then, the -- like these areas right here, these protrude out roughly eight feet. I know a lot of apartments that we see in the valley are really flat or they may only protrude out a couple of feet. And, then, we have also worked with the overhangs, too, so that at least on the upper units and, then, we have balconies down here that we try and achieve some shading as far as energy consciousness and that also gives the buildings more character, too. So, we don't have minimum overhangs, but they are roughly 30 inches. De Weerd: Okay. Thank you. Any questions, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I still have a great amount of concerns with the design of this particular development, but picture those buildings up there with eight or nine or ten cars in front of each one. A pickup with a camper and a boat and -- I mean I just struggle with the design. Donnell: Madam Mayor? Right now I'm struggling with that in my own subdivision. I think that we have CC&Rs that are supposed to prevent motor homes, cars, pickups, and boats being out on the street and yet they are and there is no enforcement against that. Mr. Architect -- I didn't catch your name. De Weerd: Mr. Architect. Bird: Russ Phillips. Phillips: Russ Phillips. Donnell: Oh. Mr. Phillips. How would you compare these units with the ones that are currently on -- off of Overland in front of Mountain View High School? Do you know which ones I'm talking about? Perhaps Dave, maybe, you can -- do these look like Meridian City Council September 20, 2005 Page 61 of 74 them? Phillips: Unfortunately, I'm not familiar with those. Donnell: Don't they look a lot alike? Bird: Madam Mayor, I don't think they are, because I think these are stucco and those are -- those are basically just square -- a wood or vinyl siding apartments. I think these are -- these are much more upscale, I think. Donnell: Well, they look like -- excuse me. Madam Mayor, they look like it to me as well, but the drawings still look very similar to the ones that are off of Overland. So, perhaps it's just the drawings. Canning: Madam Mayor, perhaps I can help. I'm pretty sure that these have very few cutouts. So, these do have a cut out here and, then, a cutout for the stairwell. This is a cutout as well and, then, in the back it's a little easier to see that there is clearly a pop out in the back. And, then, that mayor may not be a cutout. I can't tell. But, then, there is a change here. So, just as far as the massing, I think that you have got on the -- go back to the -- you can see those -- those almost like columns coming out with the different roof structure on top of them, those will have a different appearance. Donnell: Thank you. Bird: But -- go ahead, Christine. Donnell: No. I just said thank you. That's all. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I have no business sitting up here designing for you, but I do have a question, Russ. What -- between stucco and brick, is there a real difference? Because I have been told pros and cons, you know, of how much more brick costs. Because I think you could dress those up a lot if there was some brick up the sides or something -- and I'm not designing for you by a long shot, but it just -- it's just an idea that that would break it up -- that would break a -- you know, a stucco building looks like adrive-up building to me and it needs to be broke up once in awhile and I -- but I don't know if it's feasible. I mean you guys are the ones running the numbers. I don't know. Phillips: Yeah. Councilman Bird, the -- roughly stucco runs eight bucks a square foot for a surface area. Brick is about 14 bucks a square foot. Gives you the different -- I would need to talk with the owner and perhaps he could, you know, shed some light on that, regarding using other materials. Meridian City Council September 20, 2005 Page 62 of 74 Bird: You know, I do want to compliment you for coming back for what -- I wasn't one of the no votes, but you did go back and do some stuff, take out some density -- I'm not sure. But I think some difference at each -- you know, might make it more attractive, too, for people. That's all. Phillips: All right. Well, let me check with our plan -- Bird: I don't want to tell you what you have to do. Phillips: You know, in -- you know, we looked at it as far as in that one floor plan it shows, too, that sometimes we can shift those units, slide them, which even adds more relief, instead of just having a mirror image. Then, the three colors -- you know, adds another dimension to that and, then, plus the style. So, we have got six things going on. But I will confer with the client regarding your change of materials. De Weerd: Oh. And, Council, if you wouldn't mind, I would like to call like a five minute break -- real quick five minutes. Okay. Thank you. (Recess.) De Weerd: Okay. I will go ahead call this meeting back to order. Thank you. McKinnon: Thank you, Madam Mayor, Members of the Council. Dave McKinnon. 735 South Crosstimber. I've had a chance to talk with the client and he's very agreeable to doing some sort of additional wainscoting with brick or cultured stone and we can do that across the front of those buildings. Absolutely. We would be willing to do that. We will make that commitment at this time. Also, Anna brought up a couple of great points about the CC&Rs. First and foremost is that there are CC&Rs for this project that would prohibit those people from bringing RVs and boats into this parking area. And secondary to that, just clarification with Anna that we have a management organization and whether or not these become individual ownerships in the future, there will still be one management agency for this and everybody with have to live with that basic HOA, homeowners association type of setup. So, in the future this would all be maintained exterior as one management group. So, it won't be individual owners taking care of their own individual properties, there will be a management group that will maintain the entire property. De Weerd: So, you're saying that there is still an option for multiple owners of the buildings? McKinnon: Yes. But the exterior maintenance and the management of that in the entire common area will be handled by one agency. De Weerd: Okay. Council, any further questions? Meridian Ci[y Council September 20, 2005 Page 63 of 74 Bird: No. I'm just trying to picture that. De Weerd: Dave, I guess, you know, some of the additional concerns were the fact that most of this is on private roads. Our police will not be going in there. What are your lighting and safety precautions that -- you know, and I guess Councilman Rountree brought up one fact is that when you park a bunch of cars up in front of those buildings, that it does limit visibility between the building and the cars. And what are some of the safety precautions and lighting and that sort of thing? McKinnon: Madam Mayor, Members of the Council, I did take the opportunity to talk with Chief Musser just a little bit before the meeting and we talked a little bit about this and these are the same problems you will see in every multi-family project. This isn't unique to this project alone. You will see vehicles parked in front of buildings, you will see that in almost every commercial application that you see as well. We will work with the city on lighting. Typically, the city tells you where you put your public lighting and we will work with the city for the public lighting. Even though this is a private street, we are happy to meet or exceed what the city asks us to do on a public street. More than happy to accommodate that for the lighting. In addition to that, I believe there is some lighting that will take place just for the parking area that's above and beyond what the city would require for a public street. As far as the comments from the police department patrolling in this area, you're going to see that with every type of apartment complex that you have and that is a concern and maybe Chief Musser would be better apt to help us work through that. We would be more than happy to work with Chief Musser on that and work on ways to do that. De Weerd: Another issue was circulation and you mentioned the cross-access with the -- with the church, which would not be a public road, but also in looking at getting your traffic out of just those two points of access, what about connecting over to the west? McKinnon: Madam Mayor, Members of the Council, if I could ask staff really quick just go to the overall pan view of the entire area. Perfect. The church owns this whole piece of property right here. This is the entire portion. When the church property came through for annexation and for approval of their project, there was no requirement for a public street to connect all the way through, so we only can deal with the -- we can only deal with the public streets we are given. However, the church has graciously worked with us and allowed us to have cross-access and provide us access through their property all the way to Ten Mile. In addition to that, they have three access points on Franklin, one, two, three shared accesses. All of those would gain access if need be for emergency vehicles, police, fire, ambulance, to be able to come through and access at these locations. Further to that, Avest Mini Storage has their access to here. This property is the Gus Hackler piece. This is also designated as high density on the Comprehensive Plan. We have provided across-access at this point. And if you go back to the -- there we go. This is across-access here and we have agreed to bond for half the bridge across, which would provide access to the west property when the Hackler piece develops in the future. So, it would be another access point here. So, there is, basically, an access area point here, in addition to the access point Meridian City Council September 20, 2005 Page 64 of 74 approximately here for the church, closer to Ten Mile and Franklin, again, on Ten Mile and, then, through Avest Mini Storage for emergency vehicle access. We do have some limitations. We don't have a public street to access on any additional location. We can't put a stub street where there is no stub that can be continued. But we have provided a stub street to the west. De Weerd: Any further questions, Council? Bird: I have none. De Weerd: Okay. Thank you. McKinnon: Thank you, Mayor and Council. De Weerd: Okay. Council? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: I'd like to make a motion that we close the Public Hearing. Bird: Second. De Weerd: Motion to close the Public Hearing on 17, 18 and 19? Donnell: Yes. De Weerd: Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'm going to just make a statement before I make a motion and I believe that I voted for this in the affirmative before and when it wasn't passed and I think they have come back before the Council and have done everything that was a concern of ours. Perhaps maybe with the exception of the public roads and the church has been gracious enough to help them and certainly has been a good neighbor as well. Taking out the number of buildings I think improves the property. I think the elevation of the buildings looks like it would be a good development. I, too, agree with that -- that as Ten Mile overpass goes into effect that commercial development will be all around there and I think that we will need some access to some multi-family housing, which I think that we have not had in the past and I think that that demand is very real in this Meridian City Council September 20, 2005 Page 65 of 74 community. And so with those comments, I'd like to make a motion that we approve Item No. 17, AZ 05-016, a request for annexation and zoning for Silver Oaks Subdivision. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Procedural point before you get a second on that motion. You have already -- you have already moved and approved a motion to deny. The denial is in your packets of information. If you want to rescind that, you will need to rescind your denial first. Donnell: Okay. Nary: And so -- and that motion to rescind needs to be made by the parties that voted in the affirmative for the denial. Donnell: Which I think was probably me? Nary: No, it would have been Mr. Rountree and Mr. Bird. Donnell: That's true. Nary: The motion was already approved and all you did in this reconsideration was give them an opportunity to present their project again pursuant to the conditions you had laid out in that denial. But the denial still exists. So, you will have to rescind that if the Council wants to do that, so -- Bird: Madam Mayor? Canning: First -- I'm sorry. Further clarification from staff. Actually, if you move to approve, you will need new Findings and if you could give staff two weeks, if that's the way you're heading. Thank you. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I -- to have this voted on by the whole thing and I, too, think that the applicants have come back with a -- in my estimation a better project. So, I would move that we rescind the denial of AZ 05-016 for Silver Oaks Subdivision. Donnell: Second. Meridian City Council September 20, 2005 Page 66 of 74 De Weerd: Okay. We have a motion to approve -- Donnell: To rescind. De Weerd: Or to approve rescinding. Rountree: Discussion. De Weerd: Mr. Rountree. Rountree: I can agree with the comments made about changes being made. I still have concerns about the design. My concerns before were not necessarily about the density. If it's high density it could be denser. My concerns are about form, fit, and feel. This development reminds me of a monopoly board. There is no internal circulation to speak of. The fire and -- or a policeman or a firefighter having to go on a call in this particular area, I wouldn't without backup or two or three, particularly if there was a heated situation that arose. It relies entirely on access agreements to provide access to it. I would not -- I will not be voting to reverse the previous decision. De Weerd: Council, I guess I'll give my two cents worth and I get a sense that I won't be voting. But I guess over the last three weeks I have an opportunity to participate in a number of discussions on integration of land use and transportation and the comments that Councilmember Rountree just talked about in form, fit and feel, had a lot to do with those transportation land use discussions. Circulation in this kind of area in particular, when it's going to be the type of zoning that we have in the surrounding area and with the opportunity that Council has allowed in funding a planning process for this area, which is absolutely essential to the arterial and how we are going to move traffic, even once you get them out to the arterial, is really essential. We, in these discussions, have seen a lot of bad decisions and a lot of those were because opportunities were lost in not being able to plan with the whole picture. We have that opportunity right now. And that was my concern last time, in addition to a transition from the rail corridor and the ability to use freight, I did come from a meeting as well earlier in talking about the market conditions and that there is needed industrial areas. So, I guess it all depends on who you talk to. So, I guess it is a more desirable project in the design and I really didn't have an issue with the number of units. My issues seemed to be more similar to Councilman Rountree's and the circulation of that whole area and how you're going to connect all the cars that you are putting in there and get them out of there. Just imagine if something serious happened, where on earth are those car going to go? So, is there any further discussion? Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Now we -- Meridian Cily Council September 20, 2005 Page 67 of 74 Bird: Now, Christine, you can make your motion. Donnell: Madam Mayor, I'd like to make a motion that we approve Item -- I have got to find my place on my agenda here. Item No. 17, AZ 05-016, a request for annexation and zoning for Silver Oaks Subdivision and incorporating all -- do I get to say that at this time? Not for annexation? Okay. End of motion. Wardle: Second. De Weerd: Okay. Motion to approve Item 17. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Berg: I'll just comment that the Findings will be prepared in two weeks. De Weerd: Thank you. For the record. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we rescind the denial of CUP 05-024. Donnell: Second. Nary: I think it was all one -- Bird: It was all one? We don't have to do that? Nary: It was all one document, so you -- Bird: That's right. Once we denied that access -- good. You can go ahead, Christine. Donnell: Mr. Wardle is going to -- Wardle: Madam Mayor? De Weerd: It's great to see a team effort on this. Mr. Wardle. Wardle: I move that we approve Item 18, CUP 05-024, Conditional Use Permit for Silver Oaks Subdivision, incorporate all staff and applicant comments, specifically referencing comments from the applicant in regard to construction material, building type, change in architectural design to indicate some sort of Wainscot on the exterior of Meridian City Council September 20, 2005 Page 6B of 74 the buildings, additional modulation, within the -- on the structures. And to bring those Findings back for approval. Donnell: Second. De Weerd: Okay. The motion is to approve Item 18. If there is no further discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. Item 19. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Whose turn? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item No. 19, PP 05-023 and to incorporate all staff and applicant comments and to bring the Findings back. Donnell: Second. De Weerd: Motion to approve Item 19. If there is no discussion, Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 20: Amendment to Ordinance No. 05-1164: AZ 05-003 Request for an Annexation and Zoning of 76.72 acres to a R-3 zone for Kingsbridae Subdivision by Vision First, LLC - 4070 South Eagle Road: De Weerd: Thank you. Item 20 is amendment to Ordinance No. 05-1164. Canning: Madam Mayor? De Weerd: Yes. Canning: Before the -- I need to explain something about this. This annexation and zoning was originally -- we got the wrong legal description, so we are having to redo it. The first time we did it we did it on three. There is no R-3 district anymore. We would Meridian City Council September 20, 2005 Page 69 of 74 ask that the ordinance could just be amended by hand and read R-2, instead of R-3, to be consistent with the new UDC and you may or may not recall, but the applicant was advised that this would happen and was in agreement with this, so -- De Weerd: Okay. Do you have anything further to add, Mr. Nary? Nary: Madam Mayor, as Mrs. Canning stated, what happened is that the legal description was incorrect. The designation of the property to be consistent with the current zoning, since we are annexing it now, you can amend it on the record to R-2. We are going to have to notify the assessor that all of our R-3 districts, the few that we do have, are going to be converted to R-2. That's just a cleanup way to do that, but this one sits in front of you now. And that's all that was puzzling. It's simply amending it by motion to reflect R-2 zoning instead of R-3. De Weerd: Okay. Council, do I have a motion? Rountree: Madam Mayor? De Weerd. Mr. Rountree. Rountree: I move that we approve item No. 20, amending the --and allow staff to write in the amendment to the R-3 to R-2. Donnell: Second. Bird: Second. De Weerd: I have a motion and two seconds. Bird: Discussion. De Weerd: Mr. Bird. Bird: Has the developer been notified of this, so everybody knows and they are -- if they started there in R-2 -- under R-2 deals? Canning: Madam Mayor, Members of the Council, they have designed -- ever since they brought this one back they have designed it to meet the eventual R-2 standards. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Additionally, there was the discussion -- part of the discussion on this particular project when it was approved and they did provide a letter indicating their consent to rezoning it to be R-2. Meridian City Council September 20, 2005 Page 70 of 74 De Weerd: Okay. Bird: But follow up, Madam Mayor. De Weerd: Uh-huh. Bird: We stated -- I think Mr. Nary stated that we would be -- notify everybody else that was under R-3 -- or that was in the motion? Has everybody that is in R-3 now have been notified that they would be R-2? Canning: Madam Mayor, Members of the Council, when we notified of the UDC changes, every time we notified that, we notified all of the property owners that have R- 3and TE zoning and -- that their zones would no longer exist and that we would be changing them. Nary: Okay. Thank you very much. Rountree: All four of them. De Weerd: All one of them. Okay. Mr. Berg, will you call roll, before it gets totally out of hand. Berg: Madam Mayor, I'm just inquiring if I need to leave the title --did the title change? Just the exhibit changed? Nary: Just the exhibits changed, Mr. Berg. Berg: Okay. On that grounds, Madam Mayor, Members of the Council, amended ordinance No. 05-1164, roll call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. 05-1183 Request for Annexation and Zoning of 2.74 acres to a R-4 zone for The Enclave Subdivision by The Enclave, LLC - 2620 South Locust Grove Road: Item 22: Ordinance No. 05-1184 Repealing and Reenacting Title 2, Chapter 4, Section 1 of the Meridian City Code Regarding the Membership, Organization, and Rules of the Meridian City Planning and Zoning Commission: De Weerd: Item 21 and 22 are ordinances No. 05-1183 and 05-1184. Mr. Berg, will you, please, read these two by title only. Meridian City Council September 20, 2005 Page 71 of 74 Berg: Madam Mayor, there may be some explanation for the second request for the ordinance, if the city attorney wants to explain that to everyone. De Weerd: Okay. Before the reading we will ask for an explanation on Item 22. Nary: Madam Mayor, Members of the Council, Item 22 is a good example of how the best laid plans can sometime go awry. In the repeal and the reenactment of Title 11 of our Meridian City Code to the new Uniform Development Code, there was a section in that code that was the enabling ordinance for the Planning and Zoning Commission. There is also in Title 2 titled Planning and Zoning Commission, but it doesn't contain any enabling language, it only designates when the meetings are held. When we repealed Title 11, the enabling ordinance went away and it wasn't replaced with Title 2. This ordinance, basically, is a clean up in that where it will now replace, in Title 2, the enabling ordinance that's required by state law if you're going to have a Planning and Zoning Commission, to be able to have such and what the designation -- or what the seats are and what the configuration is and how its constituted. This would not be that big of deal if we didn't have a meeting on Thursday with the Planning and Zoning Commission now that -- now they are unable to meet, because they will not be legally constituted until this ordinance is published next Monday. Next Tuesday we will be bringing back, with the Mayor's approval, reappointing all the members of the Planning and Zoning Commission, because they don't exist anymore. De Weerd: They can't meet on Thursday? Nary: They cannot meet on Thursday, because they don't exist anymore. So, this ordinance will reinstitute the Planning and Zoning Commission -- we will reappoint the members to their continuing terms and everything else will go on as planned. But, they will have to reset this week's meeting on the Comprehensive Plan amendment to another date because of that. Rountree: It seems to me at a minimum we should have gotten a thank you letter from them. Nary: If it was some other city, it would be almost funny. But these things happen. We had a very comprehensive ordinance that encompassed lots of different things and this is just one slight thing that got overlooked. It was probably in the wrong section to begin with, which is the reason that it was probably overlooked, just because it belongs in the section on boards and commissions, not in the section on planning rules and regulations and duties and the like, so -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. r" Meridian Cily Council September 20, 2005 Page 72 of 74 Wardle: Mr. Nary, so what I hear you saying on Item No. 22, if we approve this ordinance, then, this sitting Council can, in perpetuity, say that we actually created the current Planning and Zoning Commission for the City of Meridian. Nary: Councilman Wardle, that is correct. You can claim that if you wish by the enactment of this ordinance. Bird: We will give you all the credit, Councilman Wardle. Nary: Just maybe as an aside, if you choose not to enact this ordinance, then, you become the Planning and Zoning Commission, so -- Berg: Can they meet? Could they meet Thursday? Rountree: Yeah. We could meet Thursday. Nary: If you want to meet Thursday and be the Planning and Zoning Commission -- Bird: I don't. Nary: One thing in the alternative is in the emergency sections of the state code that allow you to enact state ordinances immediately, but this is really not feast and famine and flood and disaster, this is just a meeting, so there really isn't a way to enact this any sooner than the normal process. Berg: Well, Madam Mayor, I'll read these ordinances by title, so we can continue on. Ordinance No. 05-1183, an ordinance for Enclave Subdivision for annexation of property located on a portion of the northwest quarter of the southwest quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain land and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as required by the -- as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, medium low density residential district in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Berg: Ordinance 05-1184, an ordinance repealing and reenacting Title 2, Chapter 4, Section 1 of the Meridian City Code, regarding the membership organization and rules of the Meridian City Planning and Zoning Commission and providing for a waiver of the reading rules and providing for an effective date. Meridian City Council September 20, 2005 Page 73 of 74 De Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who like to hear it .read in its entirety? Seeing none and hearing none, Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Give me credit anyway. I move that we approve Items 21 and 22, with suspension of rules. Donnell: Second. De Weerd: The motion is to approve Items 21 and 22. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 23: Executive Session per Idaho State Code 67-2345(1)(b)&(c): De Weerd: Thank you. Item 23. We will need a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we adjourn into Executive Session per Idaho State Code 67- 2345(1)(b) and (c). Bird: Second. De Weerd: Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION. Reconvene. Rountree: Move to come out of executive session. Bird: Second. t Meridian Cily Council September 20, 2005 Page 74 of 74 Rountree: Motion to adjourn. Bird: Second. ALL AYES. MOTION CARRIED. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. Bird: Note that it's 11:40 and past my bedtime. MEETING ADJOURNED AT 11:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TA~PQIMX DE WEERD o .~ ', `e ~~0 $~AL ? 9 hy~ '~ .p ~~~ -~~I/P+ITT~ ~0,~8,05 DATE APPROVED -~ G. BERG, , C TY CLERK September 16, 2005 VAR OS-015 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT Brighton Corporation ITEM NO. 5-A REQUEST Tabled from September 6, 2005 -Findings for Approval -Request for a Variance to allow a reduced front setback and approve the removal of the deed restriction placed on this lot for Bedford Place Subdivision - 596 East Edgar Street 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: SETFLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: I Materials COMMENTS _~ See previous Hem Packet ~'1'~ ~ shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Request for a Variance from Meridian City Code (MCC) 11-9-1 (Minimum Yard Setback Requirements), to Allow an 11-foot Front Building Setback* on Lot 5, Block 6, Bedford Place Subdivision No. 4, by Brighton Corporation Case No: VAR-OS-015 For the City Council Hearing Date of: August 23, 2005 The applicant originally requested an 11-foot front building setback, but a subsequent survey found that a 9.9-foot setback to the structure currently exists. Therefore, a 9.9-foot front building setback (measured to property line) is hereby granted. A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the August 23, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).VAR-OS-015-PAGE I of4 Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Brighton Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit B for the findings required for this application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval applies only to the property described in Exhibit A. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant is hereby granted a variance to MCC) 11-9-1 (Minimum Yard Setback Requirements), to Allow an 9.9-foot Front Building Setback on Lot 5, Block 6, Bedford Place Subdivision No. 4. NOTE: The applicant originally requested an 11-foot front building setback, but a subsequent survey found that a 9.9-foot setback to the structure CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-015 -PAGE 2 of 4 C currently exists. Therefore, a 9.9-foot front building setback (measured to property line) is hereby granted. 2. Notice of Final Action and Right to Regulatory Takings Analysis: The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 1. 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 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. E. Exhibits Exhibit A: Legal Description (plat map) Exhibit B: Required Findings for Variance ~~ By action of the Cit ouncil at its regular meeting held on the 20 day of ~dGti- , 2005. COUNCIL MEMBER SHAUN WARDLE VOTED~~`'' COUNCIL MEMBER CHRISTINE DONNELL VOTED~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED-~'~ MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) Mayor de Weerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-015 -PAGE 3 of 4 Attest: d~y_rpA~' {~ a4t~' rFo 9C~.~ William G. Berg, Jr., City rk ;, y "CgT ~S ~ 1~~ \ t ,,, ~(JtdTy ~ ~~~~`~~ Copy served upon Applicant, The Planning ari~''~tlrlti~Ag~~epartment, Public Works Department and C~`Attorney. ~y BY: 1M ~~~ QQ ~ Dated: "1., ~ ~'aS City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).VAR-OS-015 -PAGE 4 of 4 l EXHIBIT A Bedford Place Variance VAR-OS-015 Legal Description i LoT S~ 3LO~~ (~~ 7~C)~9Q~f] .~~A~G Sv8 #~N 6 I ~q {~ ~~ 1o.F' BEBFOgo P4ACF BuB Bi v~s~Bq Yg $~ L~ ~~ x $U y AvM B~JaN fN-_ ~b LP aqA -qi„j°-`c'I ~F. ~~~~~0[g BNP LA FiCO ~ x ^ ~ F 'S i x. A F 3 Y S • MC iB .k MC x5u e. y~ 2 e~ R ~~~ Y8 ~ ~ ~ ~ °5 i p®@ ~ Y~ p® y N p I yeN ~'q °0R Pi ~~ ~~ F ~s A ~ SJ q B}pI ~(~~~ h I ~ pppp ¢5 ¢ pp A S ~~ yyyy ~1~~gg ~~gi Q= P~a~ 6 F ~~. 3 q~K FS S F: 3Y pppp {{{{CRgggq B i~fp 9G t k e ~~r ~ g(. E'~ iy° ER ER ~R P E ~Fj ¢J° i p 6 p ~,L Y $ yyy ^/5 L ~p fi a a pp~ Z~Z , ; [ € Z ~ ~ ',= N 1 I nb ~ ml~. a~ J n kq A5~ t~ 5 og~7 "o~y I 1 p r~ `~' >~~y _ a za~ m pz n In {rj 1,,,, ~"r`_J ~ ti ~ q n~z Pyg~>~~ az iNm -" n~~ M oab ° ~oti n ~w~ ~~i~ i Sz'm~ ~ ~ N p~0 ,m ~ mo~ ~ N N f0 - O ;2~y GG ,~1 :b O o G~( '> IF F~ n ~ F.'A l'~ ~ e 2 ` ~ S 1 - a a ~l EXHIBIT B Bedford Place Variance VAR-OS-015 Required Tindings for Variance REOIIIRED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCl 1-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The City Council finds that the circumstances of how this setback issue arose are unusual The unusual circumstance is based upon the city's action in regards to a building permit being issued for the addition in the past. Therefore, the Council finds that the strict application of the building setbacks required by code is unreasonable in this instance. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances is unreasonable under the circumstances. City Council finds that granting the subject variance will not inhibit the achievements or the objectives of Title 11. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council anticipates that granting a variance will not be detrimental to the public's welfare or injurious to other properties in the area. In fact, this structure has been non- conforming for several years and City Council is not aware of any complaints from nearby property owners regarding the subject structure. Further, the applicant has contacted the surrounding neighbors and has received no opposition to the requested variance. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of the subject variance does not have the effect of altering the purpose and interest of the Zoning Ordinance. September 16, 2005 MERIDIAN CITY COUNCIL MEETING AZ 05-024 September 20, 2005 APPLICANT Hawkins Companies ITEM NO. S-B REQUEST Findings for Approval -Request for Annexation and Zoning of 5 acres to L-O zone for Seventh Day Adventist Church - 1735 North Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aNached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEFT: 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: marenais at publle meefings shall become property of The Clly of Meddlan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning Approval of 5.0 Acres from RUT (Ada County) to L-O (Limited Office District), by Hawkins Companies Case No(s): AZ-OS-024 For the City Council Hearing Date of: August 9 and September 6, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the August 9 and September 6, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-024-PAGE I of4 verified that the property owner(s) of record at the time of issuance of these findings are GRH Ten Mile LLC, and Halker Properties LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan dated March 17, 2005 as shown in Exhibit B, and the Annexation and Zoning Comments as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plan as evidenced by having submitted the Conceptual Site Plan dated March 17, 2005 is hereby conceptually approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-024- PAGE 2 of 4 D. Notice of Final Action and Right to Regulatory Takings Analysis 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 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Conceptual Site Plan Exhibit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings Exhibit E: Ingress/Egress Easement Area Agreement By action of the City Council at its regular meeting held on the Zo~~ day of 2005. COUNCIL MEMBER SHAUN WARDLE VOTED_Z~~ COUNCIL MEMBER CHRISTINE DONNELL VOTED UGC COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED' ~- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayo~am y de Weerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-024- PAGE 3 of 4 \\\\l\11111111111////// C'P~ AvoRq ', Attest: `~ ~ c~ d - - ~~~~ .. - Y William G. Berg, r., City C1 k ~: 9 ~T tst ,'` ~Q ~~ ., ,y ~P \~; '' ~11NTY ~ .~`~ Copy served upon Applicant, The Planning and Zoning yep\artment, Public Works Department and City Attorney. BY~I l~l, rn~LQJUyI/ Dated: q'~~ -(~j Ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-024- PAGE 4 of 4 EXHIBIT A Seventh Day Adventist Church Annexation AZ-OS-024 Legal Description ~ IDAHO use E„rwucrmw~r sa. SURVEY sumo Ise Meridian, Idaho 87652 GROUP phone f101{) D96A5]0 Fex (211 B89-5399 ProjecllJo. D5-021 February 7, 2005 ' DESCRIPTION FOR ', STAFFORD PROPERTY A tract of land in the Southeaat Quarter of the Southeast quarter of Secllon 4. T.3N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at a point on the section line which bears North 00°17'10" Easl, 653.28 feel from the Section corner common to Sections 3, 4, 9 and 10, T.3N., R.1W„ B.M., Ada County, Idaho; thence North OD°17'10" East along the section line, 411.34 feet to a paint; thence North 89°39'2D"West, 529.54 feet to a steel pin; thence South 00°17'10" West, 411.34 to a steel pin; thence South 89°39'20" Easl, 529.54 feet to the POINT OF BEGINNING, containing 5.00 acres, more qr less. RE~ PRp 1~ eY R+IAY 17 6 ?~OD`.i t'' N D0.%5 f EPTIG Gregory G. Carter, P.L.S. S:IISG PmIBCISW avAlns-0Mdt tat (pS[I93)llbcumon~ 1prSt:.GBc i I i I - -_ -. -_____~_ ~._-__-.____~ o ~~~ ~o ag~~N ~ , ~o ~pm~z ~ IJ °c~m "' ~ N~=pad m ~' ~ m i >~ 0 ~~ i ~'~ _ ~ y .. a: o C ~"`-.., N. BUIXCAT ROID 5 W'ITIO' W 111 d1' ~~ -~'.~ --...... a _....._._ .._~....,....... .,_~~. ~ _, RE W PPP V~..L, . BY _-J N~~'~ ~ h ~.~~~~ri •.~' M yIOR%5 DEPT. L ~ ~ ACD ~ma ~ aem ~ k~ ~ \ •N ' li i ~ ~~~~ z~ gaF~ ~ ~ k~f EXHIBIT B Seventh Day Adventist Church Annexation AZ-OS-024 Conceptual Site Plan r_.. - =~ L~- `IrI / Y111 1!'11!11 ~,t I~ , -all I I I ~! q ll1- ff ~ ~~~~1~ ~ -.f~~7 ~~1 I iJ I f fa 1 s -~ a® ~~vm ='z~ z~c1 uCb ~ ,~Ctt `zc <.I' ~ - V'.~n i n -i-- ~zx i ~ ° I` ~.} ~ ;:~~ I l ~ ~ ~1 ~' ~ r f i 1 N'JJ[ ~ ':'~ ~ ~ ~~ r i , ,~ .:~,~~i1 o~; ~ Ire (/ r.~~.~~ ~I 1~ x ~~$~y~ iP €1 4's3r pYe(~+ a~ 4' ,~ ~ ~ ~ I ~ t e ~~ ;9~:~s , ~~ ~ '~o~at~ 1: ~~ j z , ~ ~ , .. ~. , ~~ I ; I . ¢ , a~ i ~~i~in^ i ~ ~ ~wa 1~ g '. ~ i i ~ ~ d ; ~ ~fil+p° S ~~ ~~~ gj3 ~ { ! 7 5 g E~E9~itl~~~;j 3~~.ri~~~ 9 ° ~ ~p ?}:1;X Ca '~ ~F~Oa~.{ 9° ":~ ~~f ~ ~ d -' i~l3 ra pp'ii~ :aeC l_"y#yi 1 € ~~~ i l~ 9 ~ 1 j i~ °Sijfi~ [ T ~. ~S~ p , ! F 3 i S Y 9 K <h1 1J- -11. ~~ ON 11/1 ON HN! I - 1 NN ~(~_~ ,L _ .}`mot F ROYLANCE nl.®P880CIAlL-B PA r l(N~w~ - a Ix EXHIBIT C Seventh Day Adventist Church Annexation AZ-05-024 Annexation and Zoning Comments Recommended deletions are strilEetbrsughs and additions are in bold and underlined. ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal descripfion submitted with the application (stamped 4-26-OS by Gregory G. Carter) 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. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. 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 no alterafions, expansions, reconstructions or other enlargements to the existing single-family structure 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 meets all applicable development standards such as setbacks, frontage, height, etc. • 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 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: churches and associated activities. • That the applicant agrees to provide reasonable and fair means for the parcel to the west (Parcel No. S 1204449300) to acquire and improve, as a street, the 25-foot wide area containing the existing ingress and egress easement, and further agrees to sell to the uarcel to the west an additiona125-feet south of the existing 25-foot wide easement for a future street. The means for the acquisition of the X550-foot wide area are attached as Exhibit E, which shall be included in the development agreement. 11! 1 • That prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant agrees to provide a vehicular cross-access easement to the property to the south, if a driveway is constructed near the south property line. • That vehicular access to this site shall be restricted to those approved by ACHD and the City. • That the applicant shall construct a 6-foot tall solid fence along the west property line. Said fence shall not be constructed of cedar. • That future building setbacks from the access easement shall be in compliance with the setback of the L-O zone for streets. EXHI$TT D Seventh Day Adventist Church Annexation AZ-05-024 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed wrung amendment " The following is the list of standazds found in 11-15-11 and analysis: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential". However, the applicant has applied for office zoning on behalf of the Seventh Day Adventist Church. While the Comprehensive Plan Future Land Use Map does nqt explicitly support an office zoning of this property, City Council finds that there are Comprehensive Plan policies that support evaluating this site for a cane not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the wmmunity. It indicates, in a general way, how the community may develop in the next five to ten years." (Chapter I, Section B of the Comprehensive Plan) Furthermore, in Chapter VII, Section C, "Future Conditions" states the following; "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a caning map." The property directly north of the subject site is designated "Public/Quasi-Public" on the Future Land Use Map. 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. NOTE: The City does not have a zoning designation that closely corresponds to the public/quasi-public designation shown on the Comprehensive Plan Future Land Use Map. Therefore, several properties that are designated for public/quasi-public uses are zoned L-O, including the LDS Church to the north. City Council recognizes that the land use designations on the Future Land Use Map are conceptual. Because the Comprehensive Plan is a "guide" when determining land uses and can be applied generally to areas, City Council believes that this is an instance to expand the public/quasi-public designation slightly south of where it is depicted on the Future Land Use Map. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (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 two access points to Black Cat Roact; an arterial roadway. ACHD has approved two access points for this property, but not as shown on the conceptual plan. See the ACHD staff report and Finding "J"for further analysis. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter Vq Goal IV, Objective D, Action item 4) Black Cat Road is designated as an arterial street. By City Ordinance, a 25- footwide landscape buffer is required adjacent to Black Cat Road (MCC 12- 13-10-4). Landscaping will be required by the City with CZC/Subdivision approval. • "Require that development projects have planned for the provision of all public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4) On June 17, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies of public services to serve this property were raised. The applicant has also listed some Comprehensive Plan policies that support the armexation and proposed use of the property (see applicant's letter dated May S, 2005). If the applicant enters into a development agreement to develop the property with a church and not professional offices, clinics or other commercial uses, City C Council finds that L-O zoning of this property will be harmonious and in accordance with the Comprehensive Plan. B. Ts the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and caning application, the applicant has submitted a conceptual site plan. This site plans depicts a church and associated pazking on this property. City Council does not anticipate that the applicant plans to rezone the subject properly in the future if the subject annexation/zoning is approved, as the anticipated church use is principally permitted in the requested L-O zone. C. Ia the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning-for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that churches, as well as professional offices, laboratories, libraries and medical clinics are currently permitted uses within the requested L-O zone. Further, there are several uses in the requested L-O cane that can occur with conditional use permit approval. There is no detailed development plan proposed for this property at this time. City Council is concerned that this area may turn into a commercial retail site, and is limiting the uses that can operate on the site to church type uses. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that the recent annexation and zoning of Milliron Subdivision, and the construction of the LDS Church directly north of this site, dictates that the subject property be similazly zoned and developed. The streets adjacent to this site have not been widened recently, and Black Cat Road and Cherry Lane are not in the current ACRD Five-Year Work Program or CIP for roadway improvements. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; ~ The applicant will be required to construct, operate and maintain the future church building(s) in accordance with City Code. Although residential uses were envisioned for this area when the 2002 Comprehensive Plan was adopted, City Council finds that an L-O zone also complies with the Comprehensive Plan (see Finding "A" above). City Council finds that the design of the submitted conceptual layout for a church building could be harmonious with the adjacent properties if cross-access is provided to the parcels to the west (single-family home) and north (LDS Church) and/or south (single-family home), and appropriate landscape buffers are installed along the perimeter of the properly, City Council further finds that the proposed office zone and church use will change the existing character of the area, but that the proposed zone and future use should be harmonious and appropriate in appearance with the character of the overall area. City Council finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will the proposed apes not be hazardous or disturbing to existing or future neighboring uses; The 2002 Comprehensive Plan Future Land Use Map designates the property to the north as publiclquasi-public; the property to the east is medium density residential; and, the properties to the south and west are designated for low residential densities. City Council finds that the zoning of this property to L-O for a future church should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City, and all development and landscaping ordinances are exercised. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is currently being constructed in Black Cat Road as part of the improvements for Milliron Subdivision to the west. Water mains are readily available in Black Cat Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. On June 17, 2005, a joirn agency/departmern comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. WiII not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street (driveway) infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/Subdivision approval process. The primary public costs to serve the future uses will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfaze. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; If the subject annexation and zoning application is approved, the applicant intends to construct a church building on this site. ACRD staff estimates that a church will generate approximately 400 additional vehicle trips per day. City Council finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact developing this site will have on the public will depend upon the type of use(s) approved and the squaze footage of the building(s). City Council rewgnizes that traffic and noise will increase with the approval of this annexation application/development; however, due to churches historically having a low impact on the surrounding area, City Council does not believe that the amount traffic and noise generation will be detrimental to the general welfaze of the public. Further, City Council does not anticipate the proposed annexation and subsequent church use will create excessive smoke, fumes, glare, or odors. City Council finds that the proposed L-O zoning and church use should not be detrimental to people, property or the general welfare of the area. MCC 11-16-4 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 to more fully comply with this finding. Due to the close proximity of existing and future residential uses, City Council believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is wnsistent with the public/quasi-public designation of the Future Land Use Map and does not negatively impact neazby properties. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; On the submitted conceptual plan, the applicant has depicted two access points to Black Cat Road. The proposed driveways are located near the north and south property lines. The ACRD consider access points in their analysis of development applications. The ACRD has not approved the driveway locations as shown on the conceptual site plan. The ACRD has given the applicant two options for access: 1) construct one driveway at the south property line and provide cross- access to the properties to the south and west, and construct a second driveway in alignment with Milliron Drive, or 2) construct one driveway at the north property line and provide cross-access to the properties to the north (LDS Church) and west, and construct a second driveway in alignment with Milliron Drive. Because the property to the west does not have frontage on a public street, City Council believes that across-access easement between the subject property and the property to the west should be provided. Ifcross-access is provided to the west, then the property to the west can redevelop and access Black Cat Road. City Council believes that the proposed uses (and potemial access) should not be hazardous to neighboring uses or traffic flows if they are constructed as required by ACRD. Further, City Council finds that the least amoum of interference to traffic on the surrounding public streets will occur if cross-access between the subject property and the adjacent properties are provided. Seethe ACRD staff report for more analysis. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. All existing trees larger than 4" caliper that are removed from the site, that the City Arborist deems necessary for mitigation, shall be mitigated for. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The legal description submitted with the application, prepared by Idaho Survey Group, shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The legal description meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. The subject property is within the Urban Services Planning Area. The land directly north, and east of the subject property have previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with the findings listed above, Citv Council finds that the annexation/zoning of this rU Operty would be in the best interest of the Citv. NOTE: City Council has included Development Agreement stipulations for annexation and zoning of this property. EXHIBIT E Seventh Day Adventist Church Annexation AZ-OS-024 Ingress/Egress Easement Area Agreement GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an Idaho limited liability company, (collectively, "Grantors") hereby agree that Grantors, and its successors and assigns shall sell fee title, for "fair market value" (as determined below), to the Northerly ~ 50 feet of the Property [either defined term earlier in Development Agreement or insert description] (the "Easement Area") to the owners ("Benefited Owners") of the benefited property of the Easement Area, (such property depicted on the map attached hereto as Exhibit "Al" and made a part hereof, and more particularly described on Schedule I attached hereto and made a part hereof), if so requested by the Benefited Owners or their successors or assigns, for the installation and construction of a public road and only upon the approval by the City of Meridian of an annexation and re-subdivision of the benefited property, or a portion thereof, consistent with the City of Meridian Comprehensive Plan in effect at the time of request or otherwise with specific notice to Grantor. A portion of tThe Easement Area is subject to an existing easement for ingress and egress, as evidenced by that certain Wananty Deed, recorded October 9, 1975, as Instrument No. 7530794, in the Official Records of Ada County, Idaho. In the event Grantors and the Benefited Owners fail to agree upon the fair market value for the fee title to the Easement Area, said valuation shall be determined in the following manner: Grantor and the Benefited Owners shall each appoint an appraiser to determine the fair market value of the fee title to the Easement Area and improvements. If those two appraisers' determination of fair market value are within five percent (5%) of each other, then the "fair market value" shall be the average thereof. If the two determinations for fair market value are greater than five percent (5%) apart, then the parties shall jointly select and hire a third appraiser and thereafter the "fair market value" shall be the average of the two closest valuations whether such valuation be the determination of Grantor's appraiser or the Benefited Owners' appraiser or the third appraiser. Each party shall pay for the cost of their own appraisal and shall pay for one- half of the cost of the third appraiser. If the Benefited Owner's cannot agree to or otherwise do not accept the final determined fair market value, Grantor shall be released from its obligation to sell the Easement Area as set forth in this paragraph. The City of Meridian is not a party of interest to this transaction and will not be involved in any part of the determination of fair market value. If other vehicular access to Black Cat Road and/or Cherrv Lane is acquired by the Benefited Owners to the west, then the requirement of the Grantors to sell the Easement Area shall be null and void September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. 5-C REQUEST Easement for Raaberry Crossing 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 alFached ~'f ~ ~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Sep.lS. 2005 11~59AM •. -~~ C1TY Ua ~~K. ~~ 4 ~~// YY G'1'XG~ICf 1? ~° L rontto ~, ~~ n~ r .'NINE V.V.UK f1YL[ icon MaYOR Tammy de Weerd C7.7Y COUNCIL MEMBERS 1Ccith Bird Christine Dwmell Charles M. P.ountree Shaun Wardle Cr7v DRrnlzn~7a~s Fire 540 E. Pranklin Road 885-1234 /fax 595-0390 Pazlcs k 1Zecreation 11 W Bower Street 888-3579 /fax 898-5501 Planning G60 E. Watertower Lane Suite 202 6845533 /fax 8S8-G844 Police 7401 E. Watertower Lanc 888-6678 / 846-7366 Public Works 66UE. WaterWwer Laz1e Suite 20D 898-5500 /fax 896-9851 - Euilding 660E Wateriower Lane Suite 150 887-7211 /fax 687.1297 - Wastewater 3407 N. Ten Ivtilc Road 886-27 91 /fax 8,9r?-0744: - Water. 2235 N.W. 8th Street 858-522 /fax 5841159 FACSIMILE COVER SHEET Date: - ICJ 5 nme: (' C~ PIease deliver to: Company /Department: Fax No.: Phone No.: Total Number of Pages, Including This Cover Sheet: - From: ~ Fax No.. Comments: r Phone No.: C1rY HaLL 33 ErsT I1JAH0 QiVEIJilE MERTDi.^~N, Isar-zo 6362 (208) 888-4433 ('IN!-I ZPY _L.v COO ~~.o ....rn..n.•-.. ..~ -,... _.. .- ... GFP 1 ri ' Llri 1 l: 7F.^ D~f:C rn~ 1 A n SeP•15. 2005 1159411 No,1345 P• 2 SANTTARY SEWER EASEMENT THIS 1NDENCURE, made this IS day of September, 2005 between Cutting Edee. LC ,the party 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; WI ITIESSETH: WHEREAS, the Grantors desires to provide a sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided fox through an underground pipeline to be -- constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORF,, 'tn consideration of the benefits to be received by the Grantors, and other good and vahiable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a sewer tine over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer tine and their allied facilities, together whh their maintenance, repair and rep)acement at the comrenience 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 Grarrtee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after roaldng repairs or petforntitrg other maintenance, Grantee shall restore the area of the easement and adjacent property to that eaosterrt prior to undertaking such repairs and mai Pn nom. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea 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 permane~ structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement Rav.EASMT.SWR.doc oor.F A~ SeP~lS• 2005 12~OOPM No.1345 P~ 3 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 easemenrt 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; shaII cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are Jav+fully 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 aU persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written $RANTOR: ~t~~ an Idaho Carl J. Reit~finaa, Member STATE OF IDAIiO ) ss County of Ada ) On this ~~ day of ~. 1~~be~' 2t>~ before me, the undersigned, a Notary Public in and for said State, personally appeared Carl J. Reitetrttan and 13omrie A. Reiterrnan, known or idemified to me to be members of the limited liability company that executed the within instrument, or the persons who executed the instrument on behalf of said limited liability company, and acknowledged to me that suoh limited liability company executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written DENICE B.THORNTON NOTARY PUBLIC STATE OF IDAHO Sewer Main Easement ~) , J.V/1/I ,1,~ P J ~' l ~l~'~ liLl,iLf~ NOTARY PUBLIC FOR 1DAHQ~ tn: Mnaidan Irmo Resrdrog at: f;nmmiaeinn F.n"vac• na.nCAp~O Comnussion Expires: RauEASMT.SWR.dac iiormie A. Ketterman, Member Sep~lS~ 2005 12~OOPM GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By Oily Council On: STATE OF IDAHO, ) ss. County of Ada ) No~1345 P~ 4 On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., lcuown to me to be the Mayor aad City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS WIiEREOF, I have hereunto set my hand and a$'ixed my oiEcial seal the day and year first 8bove carmen. (SEAL) NOTARY PUBLIC FOR IDAHO Residmg at: COmmicciOn EXpires: Sewer Maln Easement RazzBASMT.SWR.doc SeP~lS. 2005 12~OOPM EIC1~1T "A" cloiborn C6 COr15UItl No~1345 P~ 5 IIC engineers & surveyors 120 N. Gtiutis Rd. Boise, Idaho 83706 (208)376-8555 Fax (208)429-9862 P.N.2162 September 15, 2004 PROPOSED RAZZBERRY CROSSING SEWER EASEMENT A strip of land being a portion of Lot 10, of Crestwood Subdivision No. 1, as filed in Book 28 of Plats at page 1757, Records of Ada County, and located in the Northeast''/, of Section 31, T. 4 N., R, 1 E., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap monument marking the Northeast corner of said Section 31, from which the East''/4 corner of said Section 31 bears S 00°33'41"W, 2659.03 feet; thence along said East boundary line, S 00°33'41" W, for a distance of 1329.42 feet; thence leaving said East boundary line, N 89°46'30" W, for a distance of 33.00 feet to the Northeast corner of said Lot 10; thence continuing N 89°46'30" W along the North boundary of said Lot 10, for a distance of 248.71 feet; thence S 00°33'41" W, for a distance of 158.25 feet to the REAL POINT OF BEGINNING; thence N 89°48'46" W for a distance of 146.03 feet; ]tavberry Crossing Sewer Easement -1 onr_r ac Sev•15~ 2005 12~OOPM No~1345 P~ 6 ~ thence S 32°59'17"W for a distance of 20.30 feet; _ thence easterly along a suave to the right for an azc distance of 20.46 feet, said curve having a radius of 325.92 feet, a central angle of 3°35'45", and a long chord which beazs S 69°04'46" E for a distance of 20.45 feet; thence N 32°59' 17" E for a distance of 5.12 feet; thence S 89°48'46" E, for a distance of 135.00 feet; thence N 00°33'41" E, for a distance of 20.00 feet to the REAL POINT OF BEGINNING; containing 3064 square feet, more or less. Prepared by: Todd R. Waite P.L.S. Razzbc,ry Crossing sewer Easement -2 .Sep•15~ 2005.,12~01PM Na•1345~P• l ~, ;,' EXHIBIT 'B' ~ CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD HORD BEARING C- 1 20.46' 325.92' 3'35'46" 20.45' S fi9'OQ'Afi" E 3 rn N 89'46'30° W J w C9 W ~ c_ Q ~ N 1- M ~ _ O ^ ~ Z ~ m ~--- y ,ry h' N 89'48'46" W - - - - - - - - - - - - - - - - - - 146A3' NE CORN BRASS CAP SEC 31 T, 4N„ R. 1 E., B.M. OF POINT -------- S 89_46'46^E -------- J~-N 00'33'41" E 135.00' 20.00' f. McMILLAN ROAD SUBJECT PROPERTY pR~`F o a w '-' ~ ,~~ z g z E. USTICK ROAD VICINITY MAP -NTS- LEGEND O sECnoN CORNER FouND • CALCULATED POINr PROPOSED SANITARY SEWER UNE W/ MANHOLE ----------- EASEMENT LINE 3.75 15 80 0 7,.8 30 90 - SCALE: i" =3D" PY ern ~- woike consvRi IW ST61fl6flY5..M0MAIN@,11D9bIQ (1L1~)®l00i! GFP 1S 'RS 1~:7G onr_r an September 1 b, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. 5-D REQUEST Professional Service Agreement with AspireOn 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 altaehed ~~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of The City of Meddian. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this .~'~ day of ~yc. , 2005, 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 ASPIREON doing business as AspireOn, 547 W Welch Street, Meridian, Idaho 83642, a corporation organized under the laws of the State of Washington. 1. Scope of Services: ASPIREON shall perform 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 maybe agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 3Q 2005 unless earlier terminated or extended. 3. Indemnification and Insurance: ASPIREON 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 properly and losses and expenses caused or incurred by ASPIREON, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employces. ASPIREON will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. Additionally, ASPIREON shall maintain Workers Compensation Insurance, in the statutory limits as required by law. ASPIREON shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ASPIREONS compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, ASPIREON shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. The CITY will further indemnify ASPIftEON for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the training received from ASPIItEON. 4. Independent Contractor: In all matters pertaining to this agreement, ASPIREON shall be acting as an independent contractor, and neither ASPIREON nor any officer, employee or agent of ASPIREON will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. AspireOn Personal Services Agreement -page 1 of 5 5. Compensation: ASPII2EON shall be compensated for Human Resources consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement ASPIItEON may deal exclusively with: Human Resources Director City of Meridian 33 E. Idaho Meridian, ID 83642 6. Method of Payment: ASPIREON will receive a flat retainer of $5500 per month for all services within the Scope of Services attached as Exhibit "A" and incorporated herein by reference. ASPIREON shall be responsible to provide an accounting of services provided on a mont111y basis. 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 33 E. Idaho Avenue Meridian, Idaho 83642 ASPIREON 547 W. Welch Street Meridian, Idaho 83642 Either party may change their address for the purpose of this pazagraph 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 sepazate 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. AspireOn Personal Services Agreement -page 2 of 5 10. Assignment: It is expressly agreed and understood by the parties hereto, that ASPIREON shall not have the right to assign, hansfer, hypothecate'or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: th performing the Services required herein, ASPIREON shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 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. 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 ASPIREON'S records with respect to all matters covered by this Agreement. ASPIREON 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: 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 that are property of the CITY. ASPIItEON does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to ASPII2EON. Those documents may not be reproduced without the express written consent of ASPIREON. Documents that are restricted by this condition must be clearly marked and identified by ASPIREON to claim this exclusion. Said proprietary materials shall remain the property of ASPIREON and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a sepazate licensing agreement to be entered into by the parties. 15. Compliance with Laws: In performing the scope of services required hereunder, ASPIREON 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 ASPIREON'S compensation, which are mutually AspireOn Personal Services Agreement -page 3 of 5 agreed upon by and between the CITY and ASPIREON, shall be incorporated in written amendments to this Agreement. 17. Termination: For Cause: If, through any cause, ASPIIZEON, 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 prepazed under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to ASPIREON. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: 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 ASPIItEON of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. ASPIREON may also 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 ASPIltEON under this Agreement shall, at the option of the CITY, become its property, and ASPIREON shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ASPIREON shall not 6e relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ASPIREON, and the CITY may withhold any payments to ASPIREON for the purposes of set-off until such time as the exact amount of damages due the CITY from ASPIREON is determined. This provision shall survive the termination of this agreement and shall not relieve ASPIREON 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. 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. The parties also understand that,ASPIREON has existing Agreements with the CITY that are not incorporated under this Agreement. The CITY may contract with AspireOn Personal Services Agreement -page 4 of 5 ASPII2EON to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and substantially similar to this Agreement. 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. ASYIREON SP ~ N ~ l~' e/~ CITY OF MERIDIAN °°°°````_; 1©1111 ~ I Illl ~I~T, ~~'',AMMS Attest: `° ~,~\ ff °a C v WII,LIAM G. BERG, '~~TY,1~ MAYOR AspireOn Personal Services Agreement -page 5 of 5 SCOPE OF SERVICES Exhibit "A" The following document identifies consulting services to be performed and objectives to be completed reference targeted efforts to assist Client in ongoing efforts towards achieving City Excellence. This effort is inclusive of defined efforts relative to: 1) Talent pevelopment, 2) Talent Acquisition Evaluation, 3) Performance Coaching, and 4) Performance/Accountability System and Strategic Planning Process Implementation and Execution. Project Outcome Focus Areas: t. Talent Development a. Coordinate City-wide employee training -Assist in the evaluation and identification of third party training programs to meet City needs and coordinate said program delivery. In regard to third party delivered training programs, ensure consistently and integration with City values, current training efforts, and strategic focus as well as effective targeting of efforts to identified needs. Establish appropriate follow-up and mentorship reinforcement, reference third party delivered workshops, to ensure successful executioNutilization of training program competencies. b. Provide assistance on integrating performance catalyst foundation development series into an orientation program for new directors, managers, and supervisors. c. Coordinate competency "Refreshers and "Execution" efforts to maintain development workshop momentum and facilitate positive application of workshop competencies in daily efforts. Delivery of refresher or execution of mini (approximately 2 hours) workshops as required. d. As needed, serve as a performance catalyst, providing direct coaching to managers needing assistance in applying workshop competencies. 2. Talent Acquisition Evaluation a. Provide consulting on the identification of position requirements for new or vacant positions. b. Provide candidate evaluation assistance and interview consulting 3. Performance Coaching a. Executive Leadership Coaching as required b. Directed one-on-one performance coaching to assist in performance troubleshooting and serve as an execution catalyst c, Management Development d. AspireOn Leadership Analysis Tool Feedback coaching 4. Performance/Accountability System and Strategic Planning Process Implementation and Execution. a. Overall Execution Consulting regarding Integrated Performance Management System-Compensation, Job Grading, and design of overall program. b. Oversee and drive implementation of Performance Accountabilities Definitions i. Provide support and review in development of definitions ~ip~ 'Sp~rPOn- ii. Provide assistance/reinforcement of follow-up/reviews on success expectations and key milestones. c. Provide assistance on development, implementation, and support of performance evaluation process d. Implementation and assistance in overall Strategic Positioning Process e. Strategic Planning Process Execution Consulting i. Assistance with strategic mapping of initiatives for consistency in development and execution ii. Facilitation, review, and feedback of strategic focus areas and initiatives. iii. Review, feedback, and input on organizational alignment (i.e. re- alignment/re-shaping) iv. Review/input of position descriptions II. Engagement Understandings - The City Attorney/HR Manager of City of Meridian, shall be the primary point of contact for Client reference the consulting relationship for these services. In addition, the City Attorney/HR Director & Mayor will provide the appropriate empowerment, ongoing support, and mandate to the organization to allow AspireOn to perform these services. - Bi-Monthly engagements to review project status and coordinate project efforts will be held between the City Attorney/HR Director, Mayor (if available), and applicable AspireOn Consultants. - AspireOn will be given appropriate representation and participation in overall strategic planning meetings as well as access to relevant information to ensure alignment of efforts with overall strategic objectives and initiatives. - AspireOn commits to having consultant resources on site at Client, as required to perform referenced services. It is understood that services under this Agreement will also be performed offsite. III. Retainer Understanding: A. General Retainer Assumptions: 1. AspireOn's Regular Fee Structure is as Follows: a. Level A) Executive Coaching Engagements, Team Engagements, Strategic Positioning and Execution Mapping, Results Project Management/Overall Training Coordination, Execution Engagements, Performance Coaching, Execution Catalyst Engagements - $150/hr b. Level B) Information Analysis, Process Review, Program Customization/ Development, Candidate Evaluations - $100/hr c. Level C) Administrative support, documentation, travel - $45/hr 2. Retainer is based on estimated time commitments within each of the above three fee areas factored on a 52- week year. The estimate does not represent a fixed service delivery distribution commitment. AspireOn shall notify Client upon reaching the retainer threshold in a monthly period and ~ ~ 2 SPIr6n- 1~ receive authprization before providing any additional services for that month. Rough time estimates factored into retainer rate are as follows: a. 5_5 hours per week of Level A effort, b. 5.25 hours per week of Level B effort, c. 1.75 hours per week of Level C effort. (Actual services may vary by levels but will not exceed retainer without approval of the client) 3. Retainer will be prepaid on a monthly basis and deemed due upon the 15~ of every month. 4. The following AspireOn tools/services are not deemed part of the retainer agreement and as such would be billed on an actual per utilization basis. The utilization of these tools remains at the discretion of the client as directed to the consultant: a. Profiles & Leadership Analysis/Packet - $350 per b. Leadership Execution Challenges - $75 per c. Leadership Scans/360's - $400 per d. Environmental Scan - To Be Negotiated e. Additional AspireOn Development Workshops or training (above the retainer) as directed by the City. B. Retainer Terms: 1. This represents the recommended level of services necessary (Estimated time commitments described above) for successful catalyst and execution efforts to address the project outcome (integrated) focus areas as mutually ident~ed. This retainer rate represents a 10% discount by the consultant from normal rates given Client's commitment to the retainer. 2. Discounted retainer rates: (10% discount ) a. Level AServices - $135/hr b. Level BServices - $100/hr c. Level CServices - $41.50/hr 3. Monthly Retainer - $5,500/month IV. Expenses Out of pocket expenses directly incurred in association with performing the services as outlined above will be submitted to Client for reimbursement. Every effort will be made to minimize such expenses in performing these services. Expenses are anticipated to include, but are not limited to: supplies and additional business travel expenses that may be incurred. l 1 spire. < < September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. S-E REQUEST Approve Contract for Stenographic Services - MD Willis, Inc. 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 aHached ~~ Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meddlan. CITY OF MERIDIAN AGREEMENT FOR STENOGRAPHIC SERVICES ~i,~ THIS AGREEMENT, is made and entered into this G~ ~ day of ~irrh~m'~`~ , 2005, by and between the City of Meridian, a municipal corporation and government subdivision of the State of Idaho organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642, hereinafter referred to as "City', and MD Willis, Inc., whose address is P.O. Box 1241, Eagle, Idaho 83616, hereinafter referred to as "Contractor". WHEREAS, as part of its records, "City" must produce minutes and verbatim transcripts of hearings; and WHEREAS, "Contractor" is in the business of providing stenographic services to public bodies, and others who need verbatim transcripts; and WHEREAS, "City" and Contractor' desire to enter into an agreement whereby "Contractor" would furnish stenographic services to the "City". NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES: "Contractor" shall perform all the necessary services provided under this agreement in connection with taking minutes and testimony at hearings in proceedings before the Meridian City Council and the Meridian City Planning and Zoning Commission. "Contractor" agrees to attend four (4) regular City Council meetings each month, and two (2) regularly scheduled Planning and Zoning Commission meetings each month, and at those meetings, to transcribe the proceedings so as to produce minutes and verbatim transcripts. "Contractor" will furnish to the City Attorney and the Planning & Zoning Department, within two working days following a given meeting, a rough draft of the transcript. A final transcript shall be furnished to the City Clerk's office with a copy thereof, within 5 working days following the meeting. In the event "City" requires additional stenographic services, beyond the six monthly meetings set forth above, "Contractor" agrees to provide such additional services provided that "Contractoru receives not less than two days notice prior to such meeting or meetings. 2. CONTRACTOR NON-ATTENDANCE -EMERGENCY: In the event that an emergency, or some other event not within "Contractor's" control prevents "Contractor" from attending one of the meetings herein, "Contractor's" attendance at that meeting shall be excused, and "Contractor" shall prepare the minutes/hearing record from audio tapes furnished by the City Clerk. In that event, "Contractor" shall not be paid the meeting attendance fee, but will be compensated for the actual 2006 FY Agreement for Stenographic Services Page 1 of 4 C transcription. "Contractor" shall notify the City Clerk as soon as possible regarding the emergency and reason for non-attendance. 3. TIME OF PERFORMANCE: The services of "Contractor" are to commence on the 1st day of October, 2005, and continue through the 30th day of September, 2006, unless terminated for default, or renewed. 4. COMPENSATION: "City" shall pay to "Contractor" the sum of TWENTY DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting attended by "Contractor", and further, shall send an a-mail attached document transcription attachment and produce an original transcript, one copy thereof, and one Microsoft Word formatted electronic copy upon request, at SIX DOLLARS ($6.00) per page based upon single spaced page with margins of not more than one inch each on all sides on an 8'/" x 11" page with the font to be Arial 12 pitch. "Contractor" shall issue an Invoice to "Cit~T' no later than the end of each month, and payment will be due no later than the 15th day of the month following delivery of the Invoice to "City". 5. DEFAULT: If, through any cause, "Contractor" shall fail to fulfill in a timely and proper manner any obligations under this agreement, or if "Contractor" shall violate any of the covenants, agreements or stipulations of this agreement, the "City' shall have the right to terminate this agreement by giving written notice to "Contractor" of such termination, and specifying the effective date thereof, but such notice must be sent to "Contractor" no later than 15 days before the effective date of termination of the agreement. In that event, all finished or unfinished documents, or other notes or drafts prepared by "Contractor" under this agreement, at the option of the "City", shall become "City' property. Nothing shall relieve the "City' from its obligation to pay compensation as set forth above. 6. SUBCONTRACTING: None of the services covered by this agreement shall be subcontracted without the prior written consent of the "City". "Contractor" shall be fully responsible to "City" for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as "Contractor" is for the acts and omissions of persons directly employed by "Contractor". 7. ASSIGNABILITY: "Contractor" shall not assign any interest in this agreement, and shall not transfer any interest in this agreement, whether by assignment or novation, or otherwise, without the prior written approval by the "City". 8. INDEPENDENT CONTRACTORS STATUS: Both "City" and "Contractor" agree that the relationship created by this agreement is that of independent contractor, and not that of employee and employer. "Contractor" is responsible for the payment of any taxes, including, but not limited to, all federal, state and local personal and business income taxes, sales and use taxes, other business taxes and license fees, arising out of the activities of the "Contractor". "Contractor" is responsible to keep in force all necessary public liability insurance and vehicle insurance with carriers which are 2006 FY Agreement for Stenographic Services Page 2 of 4 satisfactory to "City", and shall hold the "City' harmless from all claims, demands or suits, arising out of the performance of services under this agreement. 9. INSURANCE: "Contractor" will supply "City' with proof of insurance general liability and vehicular liability insurance limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). 10. OPTION TO RENEW: "City" shall have the option to renew this agreement for successive one year periods, provided that "City" notifies "Contractor" no later than thirty (30) days before the end of this agreement, and any extension or renewal thereof, of "City's" exercise of such option. IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DATED AND SIGNED this ~~ day of ~~~-+~~ , 2005. CITY OF MERIDIAN ~~`'~~~ ~ erd -Mayor ATTEST: _ ~/N° ~ _ ~/-fGow,..u.e ~ ZPJ~O/~ NonL r( ~"~ G. Berg, Jr. - ity~,g ~,~(y~~T t£e~' WP.~: -~L~fV 1 •• MD WIL IS, INC. By: ATTEST: 1 B' cretary 2006 FY Agreement for Stenographic Services Page 3 of 4 '~ STATE OF IDAHO, County of Ada. ss: On this ~ day of P ~-e~~6 er , 2005, before me, the undersigned, .a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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. ~p••'C~ L. S,~ ••4 * _ ~.~ S 1,UBL1G --In~ V~ •••~4a.Gem• '••....- STATE OF IDAHO, ) County of Ada. ss: Notary Public for Idaho My Commission Expires: Dy ao p On this ~1ZQ~` day of ~e e~ ~*r , 2005, before me, the undersigned, a Notary Public inland for said State, personally appeared M. Dean Willis and ~; I eev~ c:1; ll, ~ ,known to me to be the owHer and n~r~-lar of MD Willis, Inc., and who executed the within instrument, an acknowledged to me that MD Willis, Inc. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official e day and year first above written. 1 ;'y m=~AUBL1C J Notary Public for Idaho Expires: o y zo 0 2006 FY Agreement for Stenographic Services Page 4 of 4 I (J/ September 1 b, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT September 20, 2005 ITEM NO. Jr-F REQUEST Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement 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 Cily of Meddlan. ~~~~ IDAHO COUNTIES RISK MANAGEMENT PROGRAM P.O. BOX 15249, BOISE, IDAHO 83715 PHONE: (208) 246-6213 FAX: (208)246-8199 RENEWAL CONFIRMATION Renewal Term: October 1.2005 to October 1.2006 Member: City of Meridian Agent James Fullinwider ~~` ~~F' ~° 9 200 City of Meridian City Clerk Office A revised Joint Powers Agreement is enclosed with this letter. Signature of this renewal confirmation constitutes acceptance of the revised Joint Powers Agreement. Member Contribution: $140,020 Per claim property deductible: $2,500 Approved by the Governing Board on the ird Member's Signature Please return to ICRMP by October 1, 2005 2005. `\\~~~~~:~uuu~~~~, 'C CS` '• ~~d s~~L 9 ~ p T,>3t., ~ P ,~ .. Renewal Signature Page Page 1 of 1 C 9CRMP's Split-Limit Policy What is asplit-limit policy? This policy is specifically designed~to protect public entities from claims filed in excess of the $500,000 tort damage cap as provided for in the Idaho Tort Claims Act. This Act limits damage claims filed against governmental entities to the maximum amount of $500,000. Our split-limit policy provides a $500,000 limit for those claims filed under the Act, and it, also provides a higher limit for any other type of claim not covered by the Act, such as federal civil rights claims-hence the name, "Split-Limit". What is the advantage of a split-limit policy? Your entity's liability exposure is limited by the Idaho Tort Claims Act to $500,000 or the limits of available insurance. Buying more insurance for State tort claims increases the amount of damages for which your entity can be sued. A split-limit policy limits your liability exposure to the $500,000 capped amount. Who is protected by the Idaho Tort Claims Act? Only Idaho local governments and the State are protected by the Act. The State of Idaho has always limited its insurance coverage for State tort claims to the tort cap amount. Can /obtain more information on fhe split-limit policy? Your independent insurance agent, James Fullinwider and ICRMP's staff and attorneys are ready to provide a more detailed explanation of the split-limit policy and to answer all of your questions relating to split limits. SUMMARY OF PUBLIC ENTITY POLICY CHANGES THIS IS A SUMMARY OF THE MAJOR CHANGES TO YOUR ICRMP MULTI-LINES POLICY. NO COVERAGE IS PROVIDED BY THIS SUMMARY NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY CAREFULLY AND REVIEW YOUR DECLARATION PAGE FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY, THE PROVISIONS OF THE POLICY SHALL PREVAIL. 1. DECLARATION OF COVERAGE • DEDUCTIBLES --NEUTRAL Remove deductibles from liability coverage and remove aggregate deductible from property losses. 2. GENERAL DEFINTIONS --NEUTRAL "Schedule of Values" definition Defines the term "Schedule of Values." 3. PROPERTY INSURING AGREEMENT • Coverage A Insurina Aareement --NEUTRAL Clarifies that coverage applies to not only to accidental physical loss of your covered property, but, also, to accidental physical damage to your covered property. • Coverage B Insuring Agreement --NEUTRAL Clarifies that coverage applies to not only to accidental physical loss of your covered automobiles, but, also, to accidental physical damage to your covered automobiles. • Definition Chanaes: • "Aircraft" --NEUTRAL Defines the term "aircraft" as used throughout the policy. • "Automobile" --NEUTRAL Clarifies that "mobile equipment" has its own definition within the policy and should not be included in the definition of "automobile." • "Covered Property" --NEUTRAL Added the terms "automobile" and "Schedule of Values" to clarify that all "covered property" must be listed on the schedule to be a "covered property." • "Mobile Equipment" --NEUTRAL Watercraft less than fifty (50) feet added to definition of "mobile equipment." • ~ecific Conditions Aaolicable To Property Insuring Agreements • Automobiles and Mobile Equipment that is leased or rented -- BROADENING Adds coverage for "Mobile Equipment" that is leased or rented for 90 days and does not require that the equipment be listed on the Schedule of Values. • Automobiles Owned by Authorized Volunteers --BROADENING Adds coverage for "mobile equipment" owned by volunteers engaged in authorized search and rescue activities on a primary basis. • Schedule of Values -- BROADENING Exception to the requirement that all covered property be placed on the Schedule of Values. Blanket coverage will be provided for all covered property with an individual value of less than $5,000, and such property is not required to be placed on the Schedule of Values in order to be covered. If the property is not listed on the Schedule, we will pay up to $5,000 for loss or damage to the property. It, also, clarifies that it is the member's responsibility to make sure all covered property is placed on the Schedule of Values. ^ Valuation of Loss. General Contents --NEUTRAL Clarify that loss or damage of general contents will be valued at replacement cost. • Excluded Property. • All animals and birds --REDUCTION Provide coverage fo service animals if they are listed on the Schedule of Values and if they are killed in the line of duty for the listed value or $10,000, whichever is less. 4. SECTION II. GENERAL LIABILITY INSURANCE AND PREMISES MEDICAL • Definitions. ^ Mobile Equipment --NEUTRAL Clarifies the definition of mobile equipment so that it will not be confused with the definition of "automobile". 5. SECTION III -AUTOMOBILE LIABILITY INSURANCE Definitions. "Occupying" -- REDUCTION Clarifies that, with respects to Coverages B and C of this section, the insured must be physically occupying the insured automobile at the time of the accident. "You" --NEUTRAL Clarifies that the individual seeking UM/UIM or automobile medical payments under the policy must be occupying an insured automobile. With Respect to Coveraoe B. Proof of Loss --NEUTRAL Instead of using the term, Proof of Claim, change it to "Proof of Loss" so that it is consistent with the insuring agreement. With Respect to Coveraoe C. Proof of Loss --NEUTRAL Clarify what type of information a Proof of Loss must contain when seeking coverage under the UM/UIM and Automobile Medical Payments Agreements. Arbitration --NEUTRAL Clarify that arbitration takes place pursuant to the Uniform Arbitration Act, Idaho Code Title 7, Chapter 9. • Prejudgment or Pre-Arbitration Award Interest -- REDUCTION Prejudgment orpre-arbitration award interest will not begin to accrue until the date that the proof of loss'is received by us. • Medical Examinations --NEUTRAL Clarifies our ability to require the injured person to take, at our expense, physical examinations as deemed necessary so that we can determine the amounts of payable under the policy. All American Insurance, LLC P.O. Box 650 925 N. Main Street Meridian,ID 83680 Phone: 208-888-1465 Pax: 208-888-6777 City of Meridian Will Berg 33 E. Idaho Meridian, ID 83642 p umber ~o"~, aUUS ML1VI0 MERID-3 SB 2302114100104 T~Yc ... , PCKG 12/30/2005 Page 1 10/01/2005 10/01/2006 '~~? JAN - 4 2006 City of Meridian City ClerktJffice I have enclosed the signed Joint Powers Agreement from ICRMP. Let me know if you have any questions. Thank you. Stephanie Barnes 1 ~ I I I+, l;_ '~W~~',_,~i I~~~E~i ~~,~ m ~~ ia0~i~ ~:a4~~~r~~roa~~~~ IDAHO COUNTIES RISK MANAGEMENT PROGRAM, UNDERWRITERS JOINT POWERS SUBSCRIBER AGREEMENT J®IliTT 1'O~RS SIT~SC1tI~ER AGItEEl~l~T Idaho Counties Risk Management Program, Underwriters THIS AGREEMENT is entered into pursuant to the provisions of Idaho Code, Sections 67-2326 through 67-2333, relating to the joint exercise of powers among political subdivisions of the State of Idaho, by political subdivisions of the state of Idaho as defined by the Idaho Tort Claims Act, as subscribers to counterparts of this Agreement, for the purpose of operating a separate legal entity to be known and designated as the Idaho Counties Risk Management Program, Underwriters, hereinafter referred to as "ICRMP". At the time of making of this Agreement, ICRMP is considered by the Idaho Department of Insurance to be a reciprocal insurer organized pursuant to provisions of Idaho Code, Title 41, Chapter 29. It is AGREED among the Members of ICRMP all of whom are signatory to this Agreement or a prior counterpart that by virtue of expressly accepting the terms of this version of the Joint Powers Subscriber Agreement, or by expressly approving a prior counterpart and subsequently renewing participation after changes to a prior counterpart have been implemented by the Board of Trustees, as follows: WHEREAS, POLITICAL SUBDIVISIONS of the State of Idaho have the authority to purchase liability insurance for themselves and their employees pursuant to Idaho Code Section 6-923 and to contract for property and other insurance coverage as they deem necessary or proper; and WHEREAS, it is to the mutual benefit of POLITICAL SUBDIVISIONS to join together to establish the legal entity created by this Joint Powers Agreement to accomplish the purposes hereinafter set forth; and WHEREAS, the MEMBERS have determined that there is a need for POLITICAL SUBDIVISIONS to jointly create an insurance and risk management program; and WHEREAS, the laws of the State of Idaho authorize the formation of a reciprocal insurer by POLITICAL SUBDIVISIONS without abrogating any privileges or immunities accorded to them by law; NOW, THEREFORE, BE IT AGREED, in consideration of the mutual advantages and benefits to each POLITICAL SUBDIVISION and the mutual covenants herein contained, the MEMBERS of ICRMP, with the consent and concurrence of the undersigned subscribing POLITICAL SUBDIVISION, agree as follows: ARTICLE 1. DEFINITIONS. As used in this Agreement, the following terms shall have the respective meanings hereinafter set forth: Joint Powers Subscriber Agreement (Effective October 1, 2005) - 1 ~~ , (1) ICRMP (Progr~ffi). The Idaho Counties Risk Management Program, Underwriters, a pooled insurance and risk management program established pursuant to the statutes of this state by this joint powers agreement. (2) BOARD. The Board of Trustees of ICRMP, which shall serve as the Subscribers' Advisory Committee, as such is required by Idaho Code Title 41. Chapter 29. (3) MEMBERS. The POLITICALSUBDIVISIONS, as defined in Section 6-902(2), Idaho Code, which qualify and agree to the terms of the JOINT POWERS SUBSCRIBER AGREEMENT. (4) JOINT POWERS SUBSCRIBER AGREEMENT. This Agreement, including prior and subsequent iterations wherein political subdivisions agree to participate in the insurance and risk management offerings of ICRMP as set forth by the BOARD. ARTICLE II. ESTABLISHII~NT, MAINTENANCE AND PARTICIPATION IN ICRMP. The Idaho Counties Risk Management Program, Underwriters, a separate Joint Powers Entity, was created through a Joint Powers Agreement by numerous counties of the state of Idaho with an initial effective date of November 29, 1985. The Joint Powers Agreement has been subsequently amended on September 21, 1989, October 6, 1993, February 10, 1994 and September 18, 1996. This JOINT POWERS SUBSCRIBER AGREEMENT is intended to continue the organization and operation of ICRMP into future years upon the foundation laid by prior joint powers and subscribers' agreements. The undersigned public entity, a political subdivision of the State of Idaho, upon execution of an iteration of the JOINT POWERS SUBSCRIBER AGREEMENT will become a MEMBER of the Idaho Counties Risk Management Program, Underwriters (ICRMP) with all rights and duties associated therewith. This Agreement supersedes all prior ICRMP joint powers and subscribers' agreements and.will become effective on October 1, 2005, upon acceptance of the tender of continued participation offered during the annual renewal process. ARTICLE III. PURPOSES AND DURATION. (1) The purposes of ICRMP are to provide an insurance and risk management program and to assist MEMBERS to prevent and reduce losses and injuries to MEMBERS' property and to persons or property which might result in claims being made against MEMBERS, their employees, officers, or agents, whether appointed, employed, elected or serving as recognized volunteers. (2) It is the intent of the MEMBERS of ICRMP to create an entity with unlimited duration which will administer an insurance and risk management program and use funds contributed by the MEMBERS to defend and indemnify, in accordance with this Agreement and the issued policy(ies) of insurance, any ICRMP MEMBER against stated liability or loss, to the limits of the Insurance Policy issued by ICRMP. It is also the intent of the MEMBERS to have ICRMP provide continuing stability Joint Powers Subscriber Agreement (Effective October 1, 2005) - 2 and availability of needed insurance coverage at reasonable costs and to provide education and training to ICRMP MEMBERS in the interest of meeting the challenges of local governance. All income and assets of ICRMP shall be at all times dedicated to the ultimate benefit of its MEMBERS. (3) It is the intent of the MEMBERS of ICRMP that the Program serve as a vehicle for cooperative undertakings for all program MEMBERS or selected groups thereof to share the costs of certain required or desired insurance orrisk-related obligations which the MEMBERS desire to study or implement. In implementation of any such programs, the participating MEMBERS shall bear the proportionate costs of catYying out the purposes of the programs(s). (4) Participation in ICRMP shall be comprised of those POLITICAL SUBDIVISIONS which have entered into this Agreement or one of its prior iterations by and through an individual duly authorized to execute such Agreement, and who have agreed to pay the required MEMBER contributions. MEMBERS agree to the admission of future MEMBERS in accordance with provisions of the JOINT POWERS SUBSCRIBER AGREEMENT and acknowledge that they shall have no right to object to the addition of such MEMBERS provided they are admitted in accordance with the terms hereof. This Agreement shall be automatically renewed, annually or periodically, consistent with BOARD-established policy teens, unless the provisions for withdrawal, expulsion or termination are applied in compliance with the terms of this agreement or adopted BOARD policy. ARTICLE IV. MANNER OF FINANCING. Financial operations of ICRMP shall be committed to the sound discretion of the BOARD with the primary intent being the long-term solvency of the Program. Financial contributions from MEMBERS shall be determined by the BOARD of ICRMP, considering, among other factors, risk exposure, loss experience, net operafing expenditures, property ownership, costs of administering claims, costs of providing risk management services and other appropriate or necessary costs. ARTICLE V. NON-WAIVER OF GOVERNMENTAL OR OTHER IlVIIVILJIVITY. MEMBERS of ICRMP, by participation in this program, do not waive any ixnPtrunities or limitations of liability provided to political subdivisions or their employees by any law of this state or nation. ARTICLE VI. ICRMP POWERS AND DUTIES. The powers of ICRMP to perform and accomplish the purposes set forth above shall, within the budgetary limits and procedures set forth in this Agreement and as otherwise established by the BOARD, be the following: (a) To employ agents, employees and independent contractors. Joint Powers Subscriber Agreement (Effective October I, 2005) - 3 ~~ (b) To purchase, sell, encumber and lease real property; to incur obligations on behalf of the program to the extent permitted by Idaho statutes and the Idaho Constitution; and to purchase, sell, or lease equipment, machinery, and personal property. (c) To invest funds as allowed by Idaho statutes. (d) To carry out educational and other programs relating to risk management. (e) To create, collect funds for, and administer an insurance and risk management program. (f) To purchase excess insurance and/or reinsruance to supplement the self-insured retention. (g) To establish reasonable and necessary loss reduction and prevention reconunendation procedures to be followed by the MEMBERS. (h) To provide risk management, loss control, underwrifing and claims adjustment or to contract for such services, including the defense and settlement of claims, subject to specific limitations and/or restrictions, which may be imposed and adopted by the BOARD. (i) To carry out such other activities as are necessarily implied or required to carry out the purposes of ICRMP specified in Article III of this Agreement, even though such undertakings might not be known at the time of entering into this agreement, or the specific powers enumerated in this Article. (j) To sue and be sued. (k) To enter into contracts. (1) To reimburse BOARD members for reasonable and approved expenses incurred in attending to BOARD responsibilities. (m)To provide security, insurance or bonds regarding the official responsibilities of all officers, BOARD members and employees of ICRMP. ARTICLE VII. PARTICIPATION. Any MEMBER of ICRMP shall be permitted to participate in the activities of ICRMP as provided in this Agreement. ARTICLE VIII. MEMBERS' RIGHTS AND OBLIGATIONS -DISPUTE RESOLUTION PROCEDURES. (1) The individual MEMBERS of ICRMP shall have the right to: (a) Petition the Board to be heard regarding any aspect of the program operation in accordance with internal dispute resolution procedures approved by the Board or as otherwise determined in accordance with procedural guidelines authorized by the Board or the Chairman of the Board as circumstances warrant. (b) Withdraw fi•om Program participation at any time authorized by this Agreement, but no less frequently than annually. Members recognize that the Program is managed for long-term participation and that agreements that support Program operation are of one-year or longer duration. Toint Powers Subscriber Agreement (Effective October 1, 2005) - 4 ~; (c) To vote in election of a representative to serve on the Board of ICRMP as provided by this JOINT POWERS SUBSCRIBER AGREEMENT. (2) The obligations of MEMBERS of ICRMP shall be as follows: (a) To pay promptly all member contributions to ICRMP at such times and in such amounts as shall be established by the BOARD pursuant to this agreement. Any delinquent payments may incur interest, which shall be equivalent to the prime interest rate, from the date of delinquency, of the commercial bank where ICRMP's primary accounts are maintained. Payments will be considered delinquent fifteen (15) days following the due date. Interest would be calculated from the due date. Insurance coverage and other services will not continue for MEMBERS that are delinquent (more than fifteen (15) days past due) in payment of contribution amounts according to the terms of this Agreement. (b) To allow the Program and its agents, officers and employees reasonable access to all premises of the MEMBER and all records, including but not limited to financial records, as reasonably required for the administration of ICRMP and the effective handling of claims threatened or brought against MEMBERS. (c) To cooperate fully with the PROGRAM'S attorneys, claims adjusters and any other agent, employee, or officer of ICRMP in activities relating to the purposes and powers of ICRMP. (d) To make good faith efforts to follow the safety, loss reduction and prevention recommendations established by the Program and to cooperate in risk reduction strategies proposed or required by the Program. (e) To report to ICRMP immediately all incidents or occurrences which could reasonably be expected to result in ICRMP being required to consider a claim against the POLITICAL SUBDIVISION, its agents, officers, or employees, or for losses to MEMBER'S property within the scope of coverages undertaken by ICRMP. (f) To report to ICRMP as soon as reasonably possible, by way of the public entity's insurance agent, in accordance with the issued Policy of Insurance and related guidelines, the addition of new programs, facilities and equipment or the significant reduction or expansion of existing programs, facilities and equipment or other. acts that could cause material changes in the MEMBER' S risk of property or liability-related loss exposure. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 5 (g) To provide ICRMP periodically, but in no instance less frequently than annually, in accordance with the issued Policy of Insurance, with information on the value of buildings and contents and other real and personal properties. Each MEMBER is obliged to cooperate with the Program via its independent insurance agent (h) To utilize Board-approved dispute resolution procedures regarding any contest or disagreement regarding a provision or scope of coverage pursuant to the insurance program/policy, prior to initiating legal action against ICRMP. MEMBERS expressly agree to follow the internal dispute resolution procedures adopted by the BOARD before contesting coverage or claims payment issues in a court of law. Such procedures require MEMBERS to thoroughly disclose any bases for such disagreement in writing to the BOARD prior to being heard in the process of resolving any such dispute. MEMBER expressly agrees that failure to exhaust the internal dispute resolution procedures established by the BOARD constitutes a material breach of this Joint Powers Subscriber Agreement. MEMBER fiirther agrees not to initiate legal action against the PROGRAM regazding any dispute with the PROGRAM unfil said dispute resolution procedure has reached it conclusion. MEMBER agrees that ICRMP may enforce this provision by seeking the remedy of specific performance in a court of competent jurisdiction. The restrictions contained in this subsection maybe waived by mutual agreement of the Program and the MEMBER. (3) The basic elements of the dispute resolution procedure within ICRMP shall include the following: (a) Filing a written statement by the MEMBER stating the specific basis for disagreement with the Execufive Director. Such filing shall be followed promptly by a conference with the Executive Director, in person or by telephone, to attempt to resolve the stated differences. The Executive Director shall thereafter respond to the MEMBER in writing not more than ten (10) business days after the conference. Such written response shall set forth the basis of the Executive Director's decision. (b) Following receipt of the Executive Director's written response, MEMBER may appeal the determination of the Executive Director to the BOARD. Any such appeal shall be made in writing setting forth the specific basis for the appeal and the particulaz reasons for the disagreement with the determination of the Executive Director. When an appeal is received at least ten (10) days prior to a BOARD meeting, it will be included on the next BOARD agenda. If an appeal is not received at a time that allows it to be timely placed upon the agenda of the next BOARD meeting, the MEMBER and Executive Director, working in consultation with the Chairman of the BOARD, shall determine whether the matter is of such importance and urgency that it requires the call of the special BOARD meeting or whether it can be Joint Powers Subscriber Agreement (Effective October 1, 2005) - 6 addressed at the next regularly scheduled BOARD meeting, no later than sixty (60) days after the appeal is received, without irreparably harming the MEMBER. If a MEMBER insists upon the call of a special meeting by formal action of its governing board, or if the next regular meeting of the BOARD is more than sixty (60) days after the date the MEMBER'S written appeal is filed with the Executive Director, a special meefing of the BOARD shall be called to hear the appeal. (c) The BOARD shall hear oral presentations, not in excess of one hour each, by the MEMBER and the Executive Director, should either or both desire. After hearing from both parties, the BOARD shall decide the controversy and shall tender its decision in writing within thirty (30) days. In doing so the BOARD may consult independently, or through the Executive Director, with legal advisers and/or consultants. The decision of the BOARD shall be fmal, unless reconsideration is requested by the MEMBER and approved for reconsideration by the BOARD. Until a fmal decision is made pursuant to the procedures set forth in this Article, no Member may initiate or institute legal action against ICRMP or its officers, employees or agents arising out of the perfornance of this Agreement or the contract of insurance issued pursuant to this Agreement. (d) The BOARD reserves the right to vary the foregoing procedures as necessary to accommodate the interests of ICRMP, its MEMBERS, or others with an interest in the just resolution of differences regarding program operation. ARTICb,E IX. MEMBER CONTRIBUTIONS. The Board of ICRMP shall establish annual or periodic contribution amounts for MEMBERS. The PROGRAM may change contribution amounts charged to any MEMBER from year to year to reflect changes in risk resulting from operational changes, changes in property values or ownership, reevaluation of operating risks, or refusal to participate in or willful violation of safety or loss prevention programs or for other reasons established by the BOARD. Conversely, the PROGRAM may offer contribution amount incentives for any MEMBER that faithfully participates in loss prevention and safety programs or for other reasons established by the BOARD. Each MEMBER'S contribution amount shall be limited to the rate model set for the Policy Year, unless additional coverage is requested by the MEMBER. No MEMBER may be further assessed during a Policy Year unless in response to a material change in property or activities not disclosed or addressed at the time of annual renewal. Additional contribution amount maybe charged when changes are made to covered property or activities during the course of a year. The PROGRAM reserves the right to condition continued participation by any MEMBER upon compliance with specific performance requirements, payment of modified deductible amounts and such other measures as the PROGRAM deems necessary or appropriate. The PROGRAM reserves the right to discontinue membership of any MEMBER which does not cooperate with Program goals, objectives, or requirements or which acts without regard to consequences concerning matters which affect ICRMP and its MEMBERS. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 7 t, ARTICLE X. BOARD OF TRUSTEES -ELECTION AND REMOVAL. The BOARD of Trustees shall be comprised of nine elected public officials, six (6) of whom shall be county commissioners and three (3) who shall hold elective office in other POLITICAL SUBDIVISIONS. The electoral boundaries shall be organized as follows: County District I: Counties of Boundary, Bonner, Kootenai, Benewah and Shoshone. County District II: Counties of Latah, Clearwater, Nez Perce, Lewis and Idaho. County District III: Counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee. County District IV: Counties of Camas, Blaine, Gooding, Lincoln, Jerome, Minidoka, Twin Falls and Cassia. County District V: Counties of Bingham, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake. County District VI: Counties of Lemhi, Custer, Clark, Fremont, Butte, Jefferson, Madison, Teton and Bonneville Region I: Elected official of a political subdivision other than a county from within Districts I, II, and III elected by all political subdivisions in the Region except counties. Region II: Elected official of a political subdivision other than a county from within Districts IV, V and VI elected by subdivisions in the Region, except counties. County Member at Large: Elected commissioner of any MEMBER County elected by county Members. The Member at Large position will no longer be limited only to county commissioners when the term of service of the current County Member at Large or his competitively-elected successor concludes by resignation, retirement or removal during the course of a term or upon such Board member's decision not to run for re-election. Upon the happening of such resignation or retirement, the Member at Large position will become open to elected officials from POLITICAL SUBDIVISIONS other than counties and to county commissioners from any MEMBER County. Simultaneously, the Regional positions shall be subsequently limited going forward to service by elected city officials from the respective Regions outlined above. Each member of the BOARD shall be either a commissioner elected from a MEMBER County or an elected official of a MEMBER representing other POLITICAL SUBDIVISIONS, and shall serve for a period of two (2) years, or until a successor is elected or appointed. Four (4) members of the BOARD (even-numbered Districts and the Region II seat) shall be elected for two (2) year terms in November/December ofodd-numbered years, while another five (5) members of the BOARD (odd-numbered Districts and the Region I seat plus the County Member at Lazge, such seat to become an Open Member at Large when the circumstances described in the preceding paragraph occur) shall be elected for two (2) year terms in even-numbered years. For purposes of this Agreement, a "Board Seat" shall be defined as the position on the ICRMP Board of Trustees designated for and occupied by the representative duly elected from a District, Region or At Large as outlined in this Section. The Executive Director shall administer the election process in order to allow election results to be canvassed by the BOARD during its December meeting. The respective boards of county commissioners of each MEMBER county may cast a ballot for their District member of the BOARD, governing boards of POLITICAL Joint Powers Subscriber Agreement (Effective October 1, 2005) - 8 SUBDIVISIONS other than counties may vote for regional representatives and all MEMBER boards of county commissioners may cast a ballot for the county representative at large, to be received by ICRMP at a time and place specified by the Executive Director prior to the Board's final meeting each calendar year. Each member of the BOARD shall serve from the date of the first BOARD meeting in the succeeding year through the conclusion of his/her term when a succeeding BOARD member is seated or for another term if the BOARD member is re-elected. At any time during the course of service of a BOARD member such member may be removed by the Program MEMBERS that elected such BOARD member by either of two (2) means. The first method by which an elected BOARD member's continued service may be submitted to his constituent electors is by receipt of a petition of no confidence approved by the respective governing boards of MEMBER entities equal to at least one-half (1/2) ofthe number of votes received by the BOARD member when the BOARD member was most recently elected to the BOARD. Any such petition shall succinctly set forth the reasons of misconduct, wrongdoing or failed representation that justify a no-confidence election. The second alternative to refer a BOARD member's continued service to his constituent electors would be a no-confidence declaration by members of the ICRMP BOARD. By majority vote of no confidence the BOARD may choose to submit the question of continued service by an elected or appointed BOARD member to the BOARD member's constituent electors, stating in any motion to proceed with such election the express reasons therefore. In the event of receipt of a qualifying no-confidence petition, or following a no- confidencevote by the ICRMP BOARD, the question to be presented to a BOARD member's constituent electors would be whether the identified BOARD member should continue to serve on the BOARD. The reasons for no-confidence stated in the petition from dissatisfied MEMBERS or expressed in the motion by BOARD shall be included in election materials sent to constituent electors along with a statement prepared by the BOARD member in response. Neither message shall exceed three hundred (300) words. Voting on any such election shall be open for at least twenty-one (21) days from the date ballots are first mailed. The Executive Director shall establish a time and date certain by which all ballots must be received. Votes shall be tallied by the Executive Director or his designee(s). A majority of lawful votes cast shall determine the outcome. If a no-confidence vote results in removal of BOARD member, the seat may be refilled by BOARD appointment until the next election wherein a replacement can be elected to fill a new term or the remainder of the prior term, whichever is applicable. ARTICLE XI. POWERS AND DUTIES OF THE BOARD OF TRUSTEES. The BOARD shall haue the following powers and duties: (1) To annually elect a chairman and vice-chairman. Each officer shall serve until his or her successor is elected. (2) To admit or expel MEMBERS in accordance with this Agreement. (3) To establish contribufion amounts and payment procedures for MEMBERS. (4) To establish the insurance and risk management program design. (5) To provide for selection of all personnel and contractors necessary for the administration of ICRMP, including the appointment of a primary administrator to supervise the business of the PROGRAM and carry out functions delegated by the BOARD. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 9 (6) To establish a schedule for BOARD meetings. (7) To fill vacancies on the BOARD by majority vote of the remaining trustees for the unexpired term. (8) To exercise all powers of ICRMP, except powers reserved to the MEMBERS. (9) To prepare, adopt and oversee ICRMP's budget. (10) To make reports to the MEMBERS. (11) To provide for underwriting, claims and loss control procedures. (12) To provide for the investment and disbursement of funds. (13) To establish by-laws, rules and regulations governing its own conduct and procedures and the powers and duties of its officers, not inconsistent with this Agreement. (14) To provide to MEMBERS an annual report of operations and financial affairs. (15) To form committees and advisory panels; and to provide other services as needed by ICRMP. The BOARD shall determine the method of appointment and terms of members of committees and advisory panels. (16) To submit to MEMBERS a subsequent, substitute, or replacement Joint Powers Subscriber Agreement at the date of periodic renewal for re-adoption or express acceptance by MEMBERS. (17) Dissolve ICRMP and disburse its remaining assets when BOARD action is accompanied by a two-thuds (2/3) vote of the entire MEMBERSHIP, provided that a notice of intent to dissolve ICRMP shall be given to the Director of the Department of Insurance of the State of Idaho at least ninety (90) days prior to the proposed effective date. Like notice of such intent shall be provided to all MEMBERS at least thirty (30) days before any such vote regarding dissolution. (18) To do or delegate all acts necessary and proper for the implementation of this Agreement. ARTICLE XII. E5TABLISHIVICNT OF LOSS PAYING FUND. The PROGRAM shall establish a Loss Paying Fund which shall consist of amounts the BOARD deems reasonably sufficient to annually produce the sum of money necessary to fund ICRMP's general and administrative expenses, any reinsurance requirements, to pay the current year's claims and claims expenses and to sustain the financial stability of the Program plus funds necessary to meet ICRMP's obligation to satisfy the requirements of any regulatory authority. ARTICLE XIII. SCOPE OF COVERAGE. (1) ICRMP shall provide policy protection to each MEMBER as provided in the MEMBER' S policy of insurance. MEMBER acknowledges that the policy of insurance transfers risk of loss from the MEMBER to ICRMP subject to the terms, conditions and exclusions addressed by the policy. (2) In the event that a claim or a series of claims exceed the amount of coverage provided by the MEMBER's Policy, payment of valid claims shall become the sole and separate obligation of the individual MEMBER or MEMBERS against whom the claim was made and perfected by litigation or settlement. No Subscriber shall be Joint Powers Subscriber Agreement (Effective October 1, 2005) - 10 entitled to a contribution from other MEMBERS beyond the amount obligated by this Joint Powers Subscriber Agreement and the policy of insurance which complements it. ARTICLE XIV. MEETINGS OF THE BOARD OF TRUSTEES. (1) The BOARD may set a time and place for meetings in accordance with applicable law. All provisions of law applicable to public meetings shall be observed. (2) A majority of seated trustees shall constitute a quorum to do business. All formal acts of the BOARD shall require a majority vote of the trustees present and voting. (3) Because of the distance that separates the Trustees, the Board may conduct official business by telephone conference call. When a conference call meeting is convened the base of such meeting will normally be the ICRMP Building in Boise, Idaho. An alternative base meeting location may be designated by the Executive Director when necessary to effectively conduct BOARD business. At the base location a speaker phone shall be provided in order to allow the public to hear the discussion carried on by the Board. Executive session and notice provisions of the Open Meeting Law shall apply when appropriate or required. ARTICLE XV. LIABILITY OF BOARD OF TRUSTEES OR OFFICERS. The trustees or officers of ICRMP should use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties hereunder. They shall not be personally liable for any mistake of judgment or other action made, taken or omitted by them in good faith; nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care so long as the actions or omissions complained of shall have taken place within the course and scope of their official duties. No trustee shall be personally liable for any action taken or omitted by any other trustee. The assets of ICRMP shall be used to defend and indemnify any trustee, officer, agent or employee for actions taken by each such person in good faith within the scope of his or her authority for ICRMP as public officials in the state of Idaho. ICRMP may purchase insurance providing coverage for trustees, officers and employees. ARTICLE XVI. WITHDRAWAL FROM MEMBERSHIP. Any MEMBER may withdraw from ICRMP after the MEMBER' S initial one (I) year term by giving notice to the BOARD, in writing, of its desire to withdraw. Any MEMBER may withdraw from ICRMP within thirty (30) days after the date that the Program gives notice in writing of an amendment to this Agreement or its accompanying policy of insurance by tendering to the Execufive Director written notice of its intent to withdraw. The continuing rights of any withdrawing MEMBER shall be as set forth in the most recent Joint Powers Subscriber Agreement to which the Member has agreed. Joint Powers Subscriber Aa Bement (Effective October 1, 2005) - 11 ARTICLE XVII. E~LPULSION OF ME1V~IBERS -CONDITIONS OF CONTIN[JED PARTICIPATION. (1) Any MEMBER may be expelled by the Executive Director at any time during a policy year for one or more of the following reasons: (a) Failure to make any payments due to ICRMP. (b) Willful failure to undertake or continue loss reduction or loss prevention recommendations by ICRMP. (c) Failure to allow ICRMP reasonable access to all facilities and records of the MEMBER necessary for proper adrninistration of ICRMP. (d) Failure to fully cooperate with ICRMP's attorneys, claim adjusters or other agents, employees, or officers of ICRMP. (e) Failure to carry out any obligation of a MEMBER which impairs the ability of ICRMP to carry out its purpose or powers. (f) Exhibiting reckless behavior which causes claims which could have been avoided by prudent or responsible action. (2) No MEMBER expulsion shall be effective until thirty (30) days after notice from the Executive Director of the alleged failure of performance. Notice to a MEMBER shall state whether a cure is possible. The MEMBER may request a hearing within thirty (30) days of the notice provided by the Executive Director. Notices of expulsion are subject to the Dispute Resolution Procedure set forth in Article VIII. If a decision to expel is affirmed after hearing, such date of expulsion shall relate back to the date of initial action by the Executive Director from which the notice of intent to terminate derives. The rights of any expelled MEMBER shall be as set forth in this Agreement or upon such other terms and conditions as the BOARD may negotiate with the expelled MEMBER. (3) Any MEMBER separating from ICRMP (withdrawing or expelled) shall not be entitled to any reimbursement of contribution amounts that have been paid unless otherwise required by language of the policy of insurance or provisions of applicable law. All claims relating to events occurring after the date of separation from ICRMP shall become the sole responsibility of the separated Subscriber. With respect to Public Officials' Errors and Omissions (Claims Made Form), any claims occurring or reported after the date of separation from ICRMP shall become the sole responsibility of the separated MEMBER. (4) As an alternative to expulsion the Board may, at anytime, condition continued participation in the program upon compliance with specific terms and conditions established by agreement between the MEMBER and ICRMP. Conditions may include consultation requirements, increased deductible amounts, increased MEMBER contributions, restriction of coverage and such other limitations as the Board may deem reasonable to protect the resources of ICRMP. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 12 ARTICLE XVIII. BINDING CONTRACTUAL OBLIGATION. This document shall constitute a Joint Powers Agreement, a binding contract, among those POLITICAL SUBDIVISIONS that are MEMBERS of ICRMP. The terms of this Agreement may be enforced in court by ICRMP itself or by any of its MEMBERS, subject to the terms and conditions of applicable laws and this Agreement. The consideration for the duties herewith imposed upon the MEMBERS to take certain actions and to refrain from certain other actions is based upon the mutual promises and agreements of the MEMBERS set forth herein. This Agreement shall be approved according to law by each MEMBER and by signature affixed hereto. MEMBER asserts that it has complied with relevant laws and that is waives its ability to object to the binding nature of this Agreement by virtue of informalities in its approval. Except to the extent of the financial contributions to ICRMP agreed to herein, or such additional obligations as may come about through amendments to this Agreement, no MEMBER agrees or contracts herein to beheld responsible for any claims in tort or contract made against any other MEMBER. The contracting parties intend in the creation of ICRMP to establish an organization for joint risk management only within the scope therein set out, and have not herein created as between MEMBER and MEMBER any relationship of surety or indernnitor, nor by participating herein does any MEMBER assume responsibility for the debts of or claims against any other MEMBER. ARTICLE XIX. DISTRIBUTION OF PROPERTY, FUNDS AND SUPPLIES UPON DISSOLUTYON OF ICRMP. In the event of termination of this Joint Powers Subscriber Agreement such that ICRMP is dissolved, all unused consumable supplies, non-consumable supplies or other property or assets acquired by ICRMP shall be disposed of in a manner permissible by law, and the proceeds of such liquidation shall be disbursed to the MEMBERS at a rate proportionate to each MEMBER'S pro rata share of the cumulative member contribufions paid to ICRMP from the time said PROGRAM was commenced until the time that it was terminated or dissolved. Said determination of asset distribution shall be made in good faith by the BOARD. ARTICLE XX. SEVERABILITY. In the event that any Article, provision, clause or other part of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability with respect to other Articles, provisions, clauses, applications or occurrences, and this Agreement is expressly declared to be severable. ARTICLE XXI. POWER OF ATTORNEY -EXPENSES AND DUTIES. (1) To the extent required by Idaho Code Title 41, Chapter 29, and not inconsistent with applicable constitutional and statutory obligations and prerogatives, MEMBER hereby appoints Idaho Counties Risk Management Program, Underwriters (ICRMP), as its Attorney-in-Fact empowered to take all actions and execute all documents which are necessary or appropriate in carrying on the business of insurance through Joint Powers Subscriber Agreement (Effective October 1, 2005) - 13 ~ ~ ICRMP on behalf of MEMBER. MEMBER agrees that the Board of ICRMP may delegate powers to an Executive Director in accordance with this Joint Powers Subscriber Agreement. (2) The Executive Director appointed by the Board is hereby empowered by the undersigned to accept service of process on behalf of ICRMP. The Director of the Department of Insurance of the State of Idaho is also authorized to receive service of process in actions against ICRMP upon contracts of insurance provided to Subscribers of ICRMP. Such authorization does not supersede the procedural requirements of this Agreement. The general services to be performed by the Executive Director shall include: (a) issuing, underwriting and servicing policies of insurance; (b) contracting with agents for sale and servicing of policies of insurance; (c) executing treaties of reinsurance; and (d) supervising the investment policy of ICRMP. The Executive Director's obligations and liability shall be limited by the terms and conditions of ICRMP's Joint Powers Subscriber Agreement and by the Idaho Tort Claims Act. (3) The general items of expense to be paid by ICRMP shall include, but not limited to: (a) losses and claims payments; (b) allocable claims expense; (c) governmental chaz~ges, license fees, and taxes; (d) expenses incurred in auditing ICRMP's books and records; (e) contribution amount collection costs; (f) Board expenses; (g) premiums on reinsurance; (h) fees of investment counsel and direct investment expense; (i) salaries and expenses of officers and employees of ICRMP; (j) disbursement of dividends; (k) special expenses authorized by the Board of Trustees of ICRMP; (1) broker and agent commissions; (m) indemnity insurance premiums; (n) home and branch office expense; and (o) actuarial, auditing, legal, risk management and loss prevention expenses. (4) The Power of Attorney conveyed herein shall expire upon termination of ICRMP. The policies of insurance issued by ICRMP are subject to payment of member contributions to ICRMP. The liability of each MEMBER for the obligations of ICRMP shall be an individual, several and proportionate liability and not a joint liability, The liability of each MEMBER shall be limited as stated in this Joint Powers Subscriber Agreement provided; however, that in no event shall any MEMBER be required to contribute more than the amount authorized by applicable state statutes and constitutional provisions pursuant to which ICRMP is es"tablished. ARTICLE XXII. MISCELLANEOUS PROVISIONS -NOTICE. (1) The provisions of this Agreement shall be interpreted pursuant to the laws of the State of Idaho. (2) The parties hereto consent that courts in the State of Idaho shall have jurisdiction over any dispute arising under this Agreement after exhaustion of the dispute resolution procedures provided for herein. If reasonable attorney fees are incurred in enforcing Joint Powers Subscriber Agreement (Effective October 1, 2005) - 14 ' t t provisions of this Agreement in a court of law, the prevailing party to such an action shall be entitled to reimbursement of its reasonable attorney fees. (3) No waiver of any breach of this Agreement or any provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof or of any of the other provisions herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligations or acts. (4) In the event that any provision of this Agreement is in conflict with or is incompatible with the MEMBER' S Policy issued hereunder, the teams and conditions of the MEMBER' S Policy shall prevail and take precedence. (5) This Agreement may be modified or amended by a written agreement entered into by the BOARD. Provided, however, no such modification shall be effective retroactively, nor as to any insurance contract or coverage issued prior thereto. Said modifications may be made effective during a Policy Year only to comply with applicable laws respecting operation of ICRMP or with express consent of the MEMBER. Changes may be made to.the policy of insurance issued by ICRMP at any time during the policy year in accordance with rules or statutes governing the business of insurance within the State of Idaho. If a MEMBER does not accept changes made during a policy year, its sole remedy shall be to cancel future coverage, subject to a proportionate refund of any pro rata member contributions already paid, less equitable commission and administrative charges. (6) MEMBER agrees to hold ICRMP, its employees, contractors, and/or legal counsel, harmless and without liability to MEMBER from any claims arising out of loss control or related administrative activifies undertaken for Subscriber's benefit. ICRMP assumes no responsibility for the lawful operation of MEMBER'S POLITICAL SUBDIVISION. MEMBER further agrees that communications with attorneys on the ICRMP staff or retained by the Program to assist a MEMBER to resolve or avoid claims will remain confidential pursuant to the Attorney-Client privilege and that written materials generated as a consequence of such effort to assist MEMBER shall constitute attomey work product. MEMBER further agrees that the employees, contractors and/or legal counsel of ICRMP when acting in a loss control capacity are representing ICRMP, not MEMBERS, and that information obtained in such loss control capacity may be provided to ICRMP in order to carry out the purposes of this Joint Powers Subscriber Agreement. (7) All nofices required to be given under this Agreement shall be delivered in writing. Notices by a MEMBER to ICRMP shall be sent to ICRMP'S principal place of Uusiness. Notices to any Subscriber shall be sent to the Subscriber's last known address. In the event that any party to this Agreement desires to change its address, notice of change of address shall be sent to the other party by United States Mail in accordance with the terms and provision of this Article. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 15 ,, ,~ ~~G ~ 5 200 ARTICLE ~ZbIII. E%ECITTI®I~l ANIB ATTEST. ~~~~ In Witness hereof, this Agreement is executed on the / day of L~°td,bGt, 2005, by the undersigned who are duly authorized officer(s) of the Political Subdivision indicated below and by the Idaho Counties Risk Management Program, Underwriters (ICRMP), pw-suant to action taken by the Governing Board of the MEMBER on the / day of OC~ybtc 20 0~. Such execution upon this Agreement or upon execution of a prior counterpart accompanied by continuing renewal shall constitute agreement by the POLITICAL SUBDIVISION to the terms and conditions of membership in ICRMP until proper written notice of withdrawal is provided or until a MEMBER is cancelled or expelled as provided herein. Signature is required for new membership. Renewal occurs by approval of binder and payment of MEMBER CONTRIBUTION. POLITICAL SUBDIVISION: (~/7~f ®~/rte/~~~<~i.J ~~~~~ ~j C'i~jCo~~ mil'-2o ds CIA AN THE BO R, OR OTHER, EXP SL AUTHORIZED OFFICER .o" ~®~S~W~,P~~"'o,. Title: Attest/Witness: CLERK OR OTHER ACCEPTED FOR THE IDAHO COUNTIES RISK PROGRAM, UNDERWRITERS (ICRMP) EXE UTNE DIRECTOR Joint Powers Subscriber Agreement (Effective October 1, 2005) - 16 '~ x F CITY OF ,~ c IDi\HO T~ /~ Fq CqM G//?' µ~TREASVPE VN>EV 6111LE Inns MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rotmtree Shaun Wardle CITY DEPARTMENTS 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 888-6844 Police 1401 E. Watertower Lane 888-6678 / 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 October 5, 2005 Jim Fullinwider Idaho Counties Risk Management Program P.O. Box 15249 Boise, Idaho 83715 RE: Renewal Confirmation October 1, 2005 to October 1, 2006 Dear Mr. Fullinwider, Enclosed please find the above referenced original document. Please have your director sign this document and send a completed copy to my office at your earliest convenience. Thank you for your assistance. Please feel free to call our office with any concerns you may have. Sincerely, 5~~~~~ Sharon Smith Deputy City Clerk City of Meridian CITY HALL 33 EAST IDAHO AVENUE MERIDIAN IDAHO 83642 (208) 888 4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 8848723 PINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFPICE -FAX 884-8119 Printed on recycled paper 1~~14~~ IDAHO COUNTIES RISK MANAGEMENT PROGRAM P.O. BOX 15249, BOISE, IDAHO 83715 PHONE: (208) 246-8213 FAX: (208)246-8199 RENEWAL CONFIRMATION Renewal Term: October 1, 2005 to October 1, 2006 Member: City of Meridian Agent James Fullinwider ~~; City of Meridian City Cter~ Office A revised Joint Powers Agreement is enclosed with this letter. Signature of this renewal confirmation constitutes acceptance of the revised Joint Powers Agreement. Member Contribution: $140,020 Per claim property deductible: $2,500 Approved by the Governing Board on the ~~~ ___-'-- _~ c_ Ord Member's Signature ~a~ ~~~~~ Please return to ICRMP by October 7, 2005 2005. \\~u,: u u ~ u ~,,,~ ~~`~ '% ~a ~; $EAL 9 °~~/j 1 ~ \: w °`T~ ,g'r9 T 98T ' ,~P ` ~~ ,''e,~rrppm~ n1R~~~p``\\\ Renewal Signature Page Page 1 of 1 ,, IDAHO COUNTIES RISK MANAGEMENT PROGRAM, UNDERWRITERS JOINT POWERS SUBSCRIBER AGREEMENT ~, ~®~TT' P®W~1tS SiTBSC~~ER AG12~E10~~TT Idaho Counties Risk Management Program, Underwriters THIS AGREEMENT is entered into pursuant to the provisions of Idaho Code, Sections 67-2326 through 67-2333, relating to the joint exercise of powers among political subdivisions of the State of Idaho, by political subdivisions of the state of Idaho as defined by the Idaho Tort Claims Act, as subscribers to counterparts of this Agreement, for the purpose of operating a separate legal entity to be known and designated as the Idaho Counties Risk Management Program, Underwriters, hereinafter referred to as "ICRMP". At the time of making of this Agreement, ICRMP is considered by the Idaho Department of Insurance to be a reciprocal insurer organized pursuant to provisions of Idaho Code, Title 41, Chapter 29. It is AGREED among the Members of ICRMP all of whom are signatory to this Agreement or a prior counterpart that by virtue of expressly accepting the terms of this version of the Joint Powers Subscriber Agreement, or by expressly approving a prior counterpart and subsequently renewing participation after changes to a prior counterpart have been implemented by the Board of Trustees, as follows: WHEREAS, POLITICAL SUBDIVISIONS of the State of Idaho have the authority to purchase liability insurance for themselves and their employees pursuant to Idaho Code Section 6-923 and to contract for property and other insurance coverage as they deem necessary or proper; and WHEREAS, it is to the mutual benefit of POLITICAL SUBDIVISIONS to join together to establish the legal entity created by this Joint Powers Agreement to accomplish the purposes hereinafter set forth; and WHEREAS, the MEMBERS have determined that there is a need for POLITICAL SUBDIVISIONS to jointly create an insurance and risk management program; and WHEREAS, the laws of the State of Idaho authorize the formation of a reciprocal insurer by POLITICAL SUBDIVISIONS without abrogating any privileges or immunities accorded to them by law; NOW, THEREFORE, BE IT AGREED, in consideration of the mutual advantages and benefits to each POLITICAL SUBDIVISION and the mutual covenants herein contained, the MEMBERS of ICRMP, with the consent and concurrence of the undersigned subscribing POLITICAL SUBDIVISION, agree as follows: ARTICLE 1. DEFINITIONS. As used in this Agreement, the following terms shall have the respective meanings hereinafter set forth: Joint Powers Subscriber Agreement (Effective October 1, 2005) - 1 C (1) ICRMP (Program). The Idaho Counties Risk Management Program, Underwriters, a pooled insurance and risk management program established pursuant to the statutes of this state by this joint powers agreement. (2) BOARD. The Board of Trustees of ICRMP, which shall serve as the Subscribers' Advisory Committee, as such is required by Idaho Code Title 41. Chapter 29. (3) MEMBERS. The POLITICALSUBDIVISIONS, as defined in Section 6-902(2), Idaho Code, which qualify and agree to the terms of the JOINT POWERS SUBSCRIBER AGREEMENT. (4) JOINT POWERS SUBSCRIBER AGREEMENT. This Agreement, including prior and subsequent iterations wherein political subdivisions agree to participate in the insurance and risk management offerings of ICRMP as set forth by the BOARD. ARTICLE II. ESTABLISIIMENT, MAINTENANCE AND PARTICIPATION IN ICRMP. The Idaho Counties Risk Management Program, Underwriters, a separate Joint Powers Entity, was created through a Joint Powers Agreement by numerous counties of the state of Idaho with an initial effective date of November 29, 1985. The Joint Powers Agreement has been subsequently amended on September 21, 1989, October 6, 1993, February 10, 1994 and September 18, 1996. This JOINT POWERS SUBSCRIBER AGREEMENT is intended to continue the organization and operation of ICRMP into future years upon the foundation laid by prior joint powers and subscribers' agreements. The undersigned public enfity, a political subdivision of the State of Idaho, upon execution of an iteration of the JOINT POWERS SUBSCRIBER AGREEMENT will become a MEMBER of the Idaho Counties Risk Management Program, Underwriters (ICRMP) with all rights and duties associated therewith. This Agreement supersedes all prior ICRMP joint powers and subscribers' agreements and will become effective on October 1, 2005, upon acceptance of the tender of confinued participation offered during the annual renewal process. ARTICLE III. PURPOSES AND DURATION. (1) The purposes of ICRMP are to provide an insurance and risk management program and to assist MEMBERS to prevent and reduce losses and injuries to MEMBERS' property and to persons or property which might result in claims being made against MEMBERS, their employees, officers, or agents, whether appointed, employed, elected or serving as recognized volunteers. (2) It is the intent of the MEMBERS of ICRMP to create an entity with unlimited duration which will administer an insurance and risk management program and use funds contributed by the MEMBERS to defend and indemnify, in accordance with this Agreement and the issued policy(ies) of insurance, any ICRMP MEMBER against stated liability or loss, to the limits of the Insurance Policy issued by ICRMP. It is also the intent of the MEMBERS to have ICRMP provide continuing stability Joint Powers Subscriber Agreement (Effective October 1, 2005) - 2 and availability of needed insurance coverage at reasonable costs and to provide education and training to ICRMP MEMBERS in the interest of meeting the challenges of local governance. All income and assets of ICRMP shall be at all times dedicated to the ultimate benefit of its MEMBERS. (3) It is the intent of the MEMBERS of ICRMP that the Program serve as a vehicle for cooperative undertakings for all program MEMBERS or selected groups thereof to share the costs of certain required or desired insurance or risk-related obligations which the MEMBERS desire to study or implement. In implementation of any such programs, the participating MEMBERS shall bear the proportionate costs of carrying out the purposes of the programs(s). (4) Participation in ICRMP shall be comprised of those POLITICAL SUBDIVISIONS which have entered into this Agreement or one of its prior iterations by and through an individual duly authorized to execute such Agreement, and who have agreed to pay the required MEMBER contributions. MEMBERS agree to the admission of future MEMBERS in accordance with provisions of the JOINT POWERS SUBSCRIBER AGREEMENT and acknowledge that they shall have no right to object to the addition of such MEMBERS provided they are admitted in accordance with the terms hereof. This Agreement shall be automatically renewed, annually or periodically, consistent with BOARD-established policy terms, unless the provisions for withdrawal, expulsion or termination are applied in compliance with the terms of this agreement or adopted BOARD policy. ARTICLE IV. MANNER OF FINANCING. Financial operations of ICRMP shall be committed to the sound discretion of the BOARD with the primary intent being the long-term solvency of the Program, Financial contributions from MEMBERS shall be determined by the BOARD of ICRMP, considering, among other factors, risk exposure, loss experience, net operating expenditures, property ownership, costs of administering claims, costs of providing risk management services and other appropriate or necessary costs. ARTICLE V. NON-WAIVER OF GOVERNMENTAL OR OTHER IIVINIiJNITY. MEMBERS of ICRMP, by participation in this program, do not waive any immunities or limitations of liability provided to political subdivisions or their employees by any law of this state or nation. ARTICLE VI. ICRMP POWERS AND DUTIES. The powers of ICRMP to perform and accomplish the purposes set forth above shall, within the budgetary limits and procedures set forth in this Agreement and as otherwise established by the BOARD, be the following: (a) To employ agents, employees and independent contractors. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 3 l~ (b) To purchase, sell, encumber and lease real property; to incur obligations on behalf of the program to the extent permitted by Idaho statutes and the Idaho Constitution; and to purchase, sell, or lease equipment, machinery, and personal property. (c) To invest funds as allowed by Idaho statutes. (d) To carry out educational and other programs relating to risk management. (e) To create, collect funds for, and administer an insurance and risk management program. (f) To purchase excess insurance and/or reinsurance to supplement the self-insured retention. (g) To establish reasonable and necessary loss reduction and prevention recornmendation procedures to be followed by the MEMBERS. (h) To provide risk management, loss conhol, underwriting and claims adjustment or to contract for such services, including the defense and settlement of claims, subject to specific limitations and/or restrictions, which may be imposed and adopted by the BOARD. (i) To carry out such other activities as are necessarily implied or required to carry out the purposes of ICRMP specified in Article III of this Agreement, even though such undertakings might not be known at the time of entering into this agreement, or the specific powers enumerated in this Article. (j) To sue and be sued. (lc) To enter into contracts. (1) To reimburse BOARD members for reasonable and approved expenses incurred in attending to BOARD responsibilities. (m)To provide security, insurance or bonds regarding the official responsibilities of all officers, BOARD members and employees of ICRMP. ARTICLE VII. PARTICIPATION. Any MEMBER of ICRMP shall be permitted to participate in the activities of ICRMP as provided in this Agreement. ARTICLE VIII. MEMBERS' RIGHTS AND OBLIGATIONS -DISPUTE RESOLUTION PROCEDURES. (1) The individual MEMBERS of ICRMP shall have the right to: (a) Petition the Board to be heard regarding any aspect of the program operation in accordance with internal dispute resolution procedures approved by the Board or as otherwise determined in accordance with procedural guidelines authorized by the Board or the Chairman of the Board as circumstances warrant. (b) ~rithdraw from Program participation at any time authorized by this Agreement, but no less frequently than annually. Members recognize that the Program is managed for long-term participation and that agreements that support Program operation are of one-year or longer durafion. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 4 l~ (c) To vote in election of a representative to serve on the Board of ICRMP as provided by this JOINT POWERS SUBSCRIBER AGREEMENT. (2) The obligations of MEMBERS of ICRMP shall be as follows: (a) To pay promptly all member contributions to ICRMP at such times and in such amounts as shall be established by the BOARD pursuant to this agreement. Any delinquent payments may incur interest, which shall be equivalent to the prime interest rate, from the date of delinquency, of the commercial bank where ICRMP's primary accounts are maintained. Payments will be considered delinquent fifteen (15) days following the due date. Interest would be calculated from the due date. Insurance coverage and other services will not continue for MEMBERS that are delinquent (more than fifteen (15) days past due) in payment of contribution amounts according to the terms of this Agreement. (b) To allow the Program and its agents, officers and employees reasonable access to all premises of the MEMBER and all records, including but not limited to financial records, as reasonably required for the administration of ICRMP and the effective handling of claims threatened or brought against MEMBERS. (c) To cooperate fully with the PROGRAM' S attorneys, claims adjusters and any other agent, employee, or officer of ICRMP in activities relating to the purposes and powers of ICRMP. (d) To make good faith efforts to follow the safety, loss reduction and prevention recommendations established by the Program and to cooperate in risk reduction strategies proposed or required by the Program. (e) To report to ICRMP immediately all incidents or occurrences which could reasonably be expected to result in ICRMP being required to consider a claim against the POLITICAL SUBDIVISION, its agents, officers, or employees, or for losses to MEMBER'S property within the scope of coverages undertaken by ICRMP. (f) To report to ICRMP as soon as reasonably possible, by way of the public entity's insurance agent, in accordance with the issued Policy of Insurance and related guidelines, the addition of new programs, facilities and equipment or the significant reduction or expansion of existing programs, facilities and equipment or other. acts that could cause material changes in the MEMBER' S risk of property or liability-related loss exposure. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 5 (g) To provide ICRMP periodically, but in no instance less frequently than annually, in accordance with the issued Policy of Insurance, with information on the value of buildings and contents and other real and personal properties. Each MEMBER is obliged to cooperate with the Program via its independent insurance agent (h) To utilize Board-approved dispute resolution procedures regarding any contest or disagreement regarding a provision or scope of coverage pursuant to the insurance program/policy, prior to initiating legal action against ICRMP. MEMBERS expressly agree to follow the internal dispute resolution procedures adopted by the BOARD before contesting coverage or claims payment issues in a court of law. Such procedures require MEMBERS to thoroughly disclose any bases for such disagreement in writing to the BOARD prior to being heard in the process of resolving any such dispute. MEMBER expressly agrees that failure to exhaust the intemal dispute resolution procedures established by the BOARD constitutes a material breach of this Joint Powers Subscriber Agreement. MEMBER further agrees not to initiate legal action against the PROGRAM regarding any dispute with the PROGRAM until said dispute resolution procedure has reached it conclusion. MEMBER agrees that ICRMP may enforce this provision by seeking the remedy of specific performance in a court of competent jurisdiction. The restrictions contained in this subsection maybe waived by mutual agreement of the Program and the MEMBER. (3) The basic elements of the dispute resolution procedure within ICRMP shall include the following: (a) Filing a written statement by the MEMBER stating the specific basis for disagreement with the Executive Director. Such filing shall be followed promptly by a conference with the Executive Director, in person or by telephone, to attempt to resolve the stated differences. The Executive Director shall thereafter respond to the MEMBER in writing not more than ten (10) business days after the conference. Such written response shall set forth the basis of the Executive Director's decision. (b) Following receipt of the Executive Director's written response, MEMBER may appeal the determination of the Executive Director to the BOARD. Any such appeal shall be made in writing setting forth the specific basis for the appeal and the particular reasons for the disagreement with the determination of the Executive Director. When an appeal is received at least ten (10) days prior to a BOARD meeting, it will be included on the next BOARD agenda. If an appeal is not received at a time that allows it to be timely placed upon the agenda of the next BOARD meeting, the MEMBER and Executive Director, working in consultation with the Chairman of the BOARD, shall determine whether the matter is of such importance and urgency that it requires the call of the special BOARD meeting or whether it can be Joint Powers Subscriber Agreement (Effective October 1, 2005) - 6 addressed at the next regularly scheduled BOARD meeting, no later than sixty (60) days after the appeal is received, without irreparably harming the MEMBER. If a MEMBER insists upon the call of a special meeting by formal action of its governing board, or if the next regular meeting of the BOARD is more than sixty (60) days after the date the MEMBER'S written appeal is filed with the Executive Director, a special meeting of the BOARD shall be called to hear the appeal. (c) The BOARD shall hear oral presentations, not in excess of one hour each, by the MEMBER and the Executive Director, should either or both desire. After hearing from both parties, the BOARD shall decide the controversy and shall tender its decision in writing within thirty (30) days. In doing so the BOARD may consult independently, or through the Executive Director, with legal advisers and/or consultants. The decision of the BOARD shall be final, unless reconsideration is requested by the MEMBER and approved for reconsideration by the BOARD. Until a final decision is made pursuant to the procedures set forth in this Article, no Member may initiate or institute legal action against ICRMP or its officers, employees or agents arising out of the performance of this Agreement or the contract of insurance issued pursuant to this Agreement. (d) The BOARD reserves the right to vary the foregoing procedures as necessary to accommodate the interests of ICRMP, its MEMBERS, or others with an interest in the just resolution of differences regarding program operation. ARTICLE IX. MEMBER CONTRIBUTIONS. The Boud of ICRMP shall establish annual or periodic contribution amounts for MEMBERS. The PROGRAM may change contribution amounts charged to any MEMBER from year to year to reflect changes in risk resulting from operational changes, changes in properly values or ownership, reevaluation of operating risks, or refusal to participate in or willful violation of safety or loss prevention programs or for other reasons established by the BOARD. Conversely, the PROGRAM may offer contribution amount incentives for any MEMBER that faithfully participates in loss prevention and safety programs or for other reasons established by the BOARD. Each MEMBER'S contribution amount shall be limited to the rate model set for the Policy Year, unless additional coverage is requested by the MEMBER. No MEMBER maybe further assessed during a Policy Year unless in response to a material change in property or activities not disclosed or addressed at the time of annual renewal. Additional contribution amount maybe charged when changes are made to covered property or activities during the course of a year. The PROGRAM reserves the right to condition continued participafion by any MEMBER upon compliance with specific performance requh~ements, payment of modified deductible amounts and such other measures as the PROGRAM deems necessary or appropriate. The PROGRAM reserves the right to disconfinue membership of any MEMBER which does not cooperate with Program goals, objectives, or requirements or which acts without regazd to consequences concerning matters which affect ICRMP and its MEMBERS. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 7 ARTICLE X. BOARD OF TRUSTEES -ELECTION AND REMOVAL. The BOARD of Trustees shall be comprised of nine elected public officials, six (6) of whom shall be county commissioners and three (3) who shall hold elective office in other POLITICAL SUBDIVISIONS. The electoral boundaries shall be organized as follows: County Dishict L• Counties of Boundary, Bonner, Kootenai, Benewah and Shoshone. County District II: Counties of Latah, Clearwater, Nez Perce, Lewis and Idaho. County District III: Counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee. County District IV: Counties of Camas, Blaine, Gooding, Lincoln, Jerome, Minidoka, Twin Falls and Cassia. County District V: Counties of Bingham, Power, Bannock, Caribou, Oneida, Franklin and Bear Lake. County District VI: Counties of Lemhi, Custer, Clark, Fremont, Butte, Jefferson, Madison, Teton and Bonneville Region L• Elected official of a political subdivision other than a county from within Districts I, R, and III elected by all political subdivisions in the Region except counties. Region II: Elected official of a polifical subdivision other than a county from within Districts IV, V and VI elected by subdivisions in the Region, except counties. County Member at Large: Elected commissioner of any MEMBER County elected by county Members. The Member at Large position will no longer be limited only to county commissioners when the term of service of the current County Member at Large or his competitively-elected successor concludes by resignation, retirement or removal during the course of a teen or upon such Board rnember's decision not to run for re-election. Upon the happening of such resignation or retirement, the Member at Large position will become open to elected officials from POLITICAL SUBDIVISIONS other than counties and to county commissioners from any MEMBER County. Simultaneously, the Regional positions shall be subsequently limited going forward to service by elected city off cials from the respective Regions outlined above. Each member of the BOARD shall be either a commissioner elected from a MEMBER County or an elected official of a MEMBER representing other POLITICAL SUBDIVISIONS, and shall serve for a period of two (2) years, or until a successor is elected or appointed. Four (4) members of the BOARD (even-numbered Districts and the Region II seat) shall be elected for two (2) year terms in November/December ofodd-numbered years, while another five (5) members of the BOARD (odd-numbered Districts and the Region I seat plus the County Member at Lage, such seat to become an Open Member at Large when the circumstances described in the preceding paragraph occur) shall be elected for two (2) year terms in even-numbered years. For purposes of this Agreement, a "Board Seat' shall be defined as the position on the ICRMP Boazd of Trustees designated for and occupied by the representative duly elected from a District, Region or At Large as outlined in this Section. The Execufive Director shall administer the election process in order to allow election results to be canvassed by the BOARD during its December meeting. The respective boards of county commissioners of each MEMBER county may cast a ballot for their District member of the BOARD, governing boards of POLITICAL Joint Powers Subscriber Agreement (Effective October 1, 2005) - 8 SUBDIVISIONS other than counties may vote for regional representatives and all MEMBER boards of county commissioners may cast a ballot for the county representative at large, to be received by ICRMP at a time and place specified by the Executive Director prior to the Board's final meeting each calendar year. Each member of the BOARD shall serve from the date of the first BOARD meeting in the succeeding year through the conclusion of his/her term when a succeeding BOARD member is seated or for another term if the BOARD member is re-elected. At any thne during the course of service of a BOARD member such member may be removed by the Program MEMBERS that elected such BOARD member by either of two (2) means. The first method by which an elected BOARD member's continued service may be submitted to his constituent electors is by receipt of a petition of no confidence approved by the respective governing boards of MEMBER entities equal to at least one-half (1/2) of the number of votes received by the BOARD member when the BOARD member was most recently elected to the BOARD. Any such petition shall succinctly set forth the reasons of misconduct, wrongdoing or failed representation that justify a no-confidence election. The second alternative to refer a BOARD member's continued service to his constituent electors would be a no-confidence declaration by members of the ICRMP BOARD. By majority vote of no confidence the BOARD may choose to submit the question of continued service by an elected or appointed BOARD member to the BOARD member's constituent electors, stating in any motion to proceed with such election the express reasons therefore. In the event of receipt of a qualifying no-confidence petition, or following a no- confidencevote by the ICRMP BOARD, the question to be presented to a BOARD member's constituent electors would be whether the identified BOARD member should continue to serve on the BOARD. The reasons for no-confidence stated in the pefifion from dissatisfied MEMBERS or expressed in the motion by BOARD shall be included in election materials sent to constituent electors along with a statement prepared by the BOARD member in response. Neither message shall exceed three hundred (300) words. Voting on any such election shall be open for at least twenty-one (21) days from the date ballots are first mailed. The Executive Director shall establish a time and date certain by which all ballots must be received. Votes shall be tallied by the Executive Director or his designee(s). A majority of lawful votes cast shall determine the outcome. If a no-confidence vote results in removal of BOARD member, the seat may be refilled by BOARD appointment until the next election wherein a replacement can be elected to fill a new term or the remainder of the prior term, whichever is applicable. ARTICLE XI. POWElt5 AND DUTIES OF THE BOARD OF TRUSTEES. The BOARD shall have the following powers and duties: (1) To annually elect a chairman and vice-chairman. Each officer shall serve until his or her successor is elected. (2) To admit or expel MEMBERS in accordance with this Agreement. (3) To establish contribution amounts and payment procedures for MEMBERS. (4) To establish the insurance and risk management program design. (5) To provide for selection of all personnel and contractors necessary for the administration of ICRMP, including the appointment of a primary administrator to supervise the business of the PROGRAM and carry out functions delegated by the BOARD. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 9 (6) To establish a schedule for BOARD meetings. (7) To fill vacancies on the BOARD by majority vote of the remaining trustees for the unexpired term. (8) To exercise all powers of ICRMP, except powers reserved to the MEMBERS. (9) To prepare, adopt and oversee ICRMP's budget. (10) To make reports to the MEMBERS. (11) To provide for underwriting, claims and loss control procedures. (12) To provide for the investment and disbursement of funds. (13) To establish by-laws, rules and regulations governing its own conduct and procedures and the powers and duties of its officers, not inconsistent with this Agreement. (14) To provide to MEMBERS an annual report of operations and financial affairs. (15) To form committees and advisory panels; and to provide other services as needed by ICRME. The BOARD shall determine the method of appointment and terms of members of committees and advisory panels. (16) To submit to MEMBERS a subsequent, substitute, or replacement Joint Powers Subscriber Agreement at the date of periodic renewal for re-adoption or express acceptance by MEMBERS. (17) Dissolve ICRMP and disburse its remaining assets when BOARD action is accompanied by atwo-thirds (2/3) vote of the entire MEMBERSHIP, provided that a notce of intent to dissolve ICRMP shall be given to the Director of the Department of Insurance of the State of Idaho at least ninety (90) days prior to the proposed effective date. Like notice of such intent shall be provided to all MEMBERS at least thirty (30) days before any such vote regarding dissolution. (18) To do or delegate all acts necessary and proper for the implementation of this Agreement. ARTICLE XII. ESTABLISHIVIIJNT OF LOSS PAYING FUND. The PROGRAM shall establish a Loss Paying Fund which shall consist of amounts the BOARD deems reasonably sufficient to annually produce the sum of money necessary to fund ICRMP's general and administrafive expenses, any reinsurance requirements, to pay the current year's claims and claims expenses and to sustain the financial stability of the Program plus funds necessary to meet ICRMP's obligation to satisfy the requirements of any regulatory authority. ARTICLE XIII. SCOPE OF COVERAGE. (1) ICRMP shall provide policy protection to each MEMBER as provided in the MEMBER'S policy of insurance. MEMBER acknowledges that the policy of insurance transfers risk of loss from the MEMBER to ICRMP subject to the terms, conditions and exclusions addressed by the policy. (2) Irr the event that a claim or a series of claims exceed the amount of coverage provided by the MEMBER'S Policy, payment of valid claims shall become the sole and separate obligation of the individual MEMBER or MEMBERS against whom the claim was made and perfected by litigation or settlement. No Subscriber shall be Joint Powers Subscriber Agreement (Effective October 1, 2005) - 10 entitled to a contribution from other MEMBERS beyond the amount obligated by this Joint Powers Subscriber Agreement and the policy of insurance which complements it. ARTICLE XIV. MEETINGS OF THE BOARD OF TRUSTEES. (1) The BOARD may set a time and place for meetings in accordance with applicable law. All provisions of law applicable to public meetings shall be observed. (2) A majority of seated trustees shall constitute a quorum to do business. All formal acts of the BOARD shall require a majority vote of the trustees present and voting. (3) Because of the distance that separates the Trustees, the Board may conduct official business by telephone conference call. When a conference call meeting is convened the base of such meeting will normally be the ICRMP Building in Boise, Idaho. An alternative base meeting location may be designated by the Executive Director when necessary to effectively conduct BOARD business. At the base locafion a speaker phone shall be provided in order to allow the public to hear the discussion carried on by the Board. Executive session and notice provisions of the Open Meeting Law shall apply when appropriate or required. ARTICLE XV. LIABILITY OF BOARD OF TRUSTEES OR OFFICERS. The trustees or officers of ICRMP should use ordinary care and reasonable diligence in the exercise of their powers azid in the performance of their duties hereunder. They shall not be personally liable for any mistake of judgment or other action made, taken or omitted by them in good faith; nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care so long as the actions or omissions complained of shall have taken place within the course and scope oftheir official duties. No trustee shall be personally liable for any action taken or omitted by any other trustee. The assets of ICRMP shall be used to defend and indemnify any trustee, officer, agent or employee for actions taken by each such person in good faith within the scope of his or her authority for ICRMP as public officials in the state of Idaho. ICRMP may purchase insurance providing coverage for trustees, officers and employees. ARTICLE XVI. WITHIIRAWAL FROM MEMBERSHIP. Any MEMBER may withdraw from ICRMP after the MEMBER'S initial one (1) year term by giving notice to the BOARD, in writing, of its desire to withdraw. Any MEMBER may withdraw from ICRMP within thirty (30) days after the date that the Program gives notice in writing of an amendment to this Agreement or its accompanying policy of insurance by tendering to the Executive Director written notice of its intent to withdraw. The continuing rights of any withdrawing MEMBER shall be as set forth in the most recent Joint Powers Subscriber Agreement to which the Member has agreed. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 11 ARTICLE XVII. EXPULSION OF MEMBERS -CONDITIONS OF CONTINUED PARTICIPATION. (1) Any MEMBER maybe expelled by the Executive Director at any time during a policy year for one or more of the following reasons: (a) Failure to make any payments due to ICRMP. (b) Willful failure to undertake or continue loss reduction or loss prevention recommendations by ICRMP. (c) Failure to allow ICRMP reasonable access to all facilities and records of the MEMBER necessary for proper administration of ICRMP. (d) Failure to fully cooperate with ICRMP's attorneys, claim adjusters or other agents, employees, or officers of ICRMP. (e) Failure to carry out any obligation of a MEMBER which impairs the ability of ICRMP to carry out its purpose or powers. (f) Exhibiting reckless behavior which causes claims which could have been avoided by prudent or responsible action. (2) No MEMBER expulsion shall be effective until thirty (30) days after notice from the Executive Director of the alleged failure of performance. Notice to a MEMBER shall state whether a cure is possible. The MEMBER may request a hearing within thirty (30) days of the notice provided by the Executive Director. Notices of expulsion are subject to the Dispute Resolution Procedure set forth in Article VIII. If a decision to expel is affirmed a$er hearing, such date of expulsion shall relate back to the date of initial action by the Executive Director from which the notice of intent to terminate derives. The rights of any expelled MEMBER shall be as set forth in this Agreement or upon such other teens and conditions as the BOARD may negotiate with the expelled MEMBER. (3) Any MEMBER separating from ICRMP (withdrawing or expelled) shall not be entitled to any reimbursement of contribution amounts that have been paid unless otherwise required by language of the policy of insurance or provisions of applicable law. All claims relating to events occurring after the date of separation from ICRMP shall become the sole responsibility of the separated Subscriber. With respect to Public Officials' Errors and Omissions (Claims Made Form), any claims occurring or reported after the date of separation from ICRMP shall become the sole responsibility of the separated MEMBER. (4) As an alternative to expulsion the Board may, at any time, condition continued participation in the program upon compliance with specific terms and conditions established by agreement between the MEMBER and ICRMP. Conditions may include consultation requirements, increased deductible amounts, increased MEMBER contributions, restriction of coverage and such other limitations as the Board may deem reasonable to protect the resources of ICRMP. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 12 ARTICLE XVIII. BINDING CONTRACTUAL OBLIGATION. This document shall constitute a Joint Powers Agreement, a binding contract, among those POLITICAL SUBDIVISIONS that are MEMBERS of ICRMP. The terms of this Agreement may be enforced in court by ICRMP itself or by any of its MEMBERS, subject to the terms and conditions of applicable laws and this Agreement. The consideration for the duties herewith imposed upon the MEMBERS to take certain actions and to refrain from certain other actions is based upon the mutual promises and agreements of the MEMBERS set forth herein. This Agreement shall be approved according to law by each MEMBER and by signature affixed hereto. MEMBER asserts that it has complied with relevant laws and that is waives its ability to object to the binding nature of this Agreement by virtue of informalities in its approval. Except to the extent of the financial contributions to ICRMP agreed to herein, or such additional obligations as may come about through amendments to this Agreement, no MEMBER agrees or contracts herein to be held responsible for any claims in tort or contract made against any other MEMBER. The contracting parties intend in the creation of ICRMP to establish an organization for joint risk management only within the scope therein set out, and have not herein created as between MEMBER and MEMBER any relationship of surety or indemnitor, nor by participating herein does any MEMBER assume responsibility for the debts of or claims against any other MEMBER. ARTICLE XIX. DISTRIBUTION OF PROPERTY, FUNDS AND SUPPLIES UPON DISSOLUTION OF ICRMP. In the event of termination of this Joint Powers Subscriber Agreement such that ICRMP is dissolved, all unused consumable supplies, non-consumable supplies or other property or assets acquired by ICRMP shall be disposed of in a manner permissible by law, and the proceeds of such liquidation shall be disbursed to the MEMBERS at a rate proportionate to each MEMBER' S pro rata share of the cumulative member contributions paid to ICRMP from the time said PROGRAM was commenced until the time that it was terminated or dissolved. Said determination of asset distribution shall be made in good faith by the BOARD. ARTICLE XX. SEVERABII.ITY. In the event that any Article, provision, clause or other part of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability with respect to other Articles, provisions, clauses, applicafions or occurrences, and this Agreement is expressly declared to be severable. ARTICLE XXI. POWER OF ATTORNEY -EXPENSES AND DUTIES. (1) To the extent required by Idaho Code Title 41, Chapter 29, and not inconsistent with applicable constitutional and statutory obligations and prerogatives, MEMBER hereby appoints Idaho Counties Risk Management Program, Underwriters (ICRMP), as its Attorney-in-Fact empowered to take all actions and execute all documents which are necessary or appropriate in carrying on the business of insurance through Joint Powers Subscriber Agreement (Effective October 1, 2005) - 13 ICRMP on behalf of MEMBER. MEMBER agrees that the Board of ICRMP may delegate powers to an Executive Director in accordance with this Joint Powers Subscriber Agreement. (2) The Executive Director appointed by the Board is hereby empowered by the undersigned to accept service of process on behalf of ICRMP. The Director of the Department of Insurance of the State of Idaho is also authorized to receive service of process in actions against ICRMP upon contracts of insurance provided to Subscribers of ICRMP. Such authorization does not supersede the procedural requirements of this Agreement. The general services to be performed by the Executive Director shall include: (a) issuing, underwriting and servicing policies of insurance; (b) contracting with agents for sale and servicing of policies of insurance; (c) executing treaties of reinsurance; and (d) supervising the investment policy of ICRMP. The Executive Director's obligafions and liability shall be limited by the terms and conditions of ICRMP's Joint Powers Subscriber Agreement and by the Idaho Tort Claims Act. (3) The general items of expense to be paid by ICRMP shall include, but not limited to: (a) losses and claims payments; (b) allocable claims expense; (c) governmental charges, license fees, and taxes; (d) expenses incurred in audifing ICRMP's books and records; (e) contribution amount collection costs; (f) Board expenses; (g) premiums on reinsurance; (h) fees of investment counsel and direct investment expense; (i) salaries and expenses of officers and employees of ICRMP; (j) disbursement of dividends; (k) special expenses authorized by the Board of Trustees of ICRMP; (1) broker and agent commissions; (m) indemnity insurance premiums; (n) home and branch office expense; and (o) actuarial, auditing, legal, risk management and loss prevention expenses. (4) The Power of Attorney conveyed herein shall expire upon terrnination of ICRMP. The policies of insurance issued by ICRMP are subject to payment of member contributions to ICRMP. The liability of each MEMBER for the obligations of ICRMP shall be an individual, several and proportionate liability and not a joint liability. The liability of each MEMBER shall be limited as stated in this Joint Powers Subscriber Agreement provided; however, that in no event shall any MEMBER be required to contribute more than the amount authorized by applicable state statutes and constitutional provisions pursuant to which ICRMP is es)ablished. ARTICLE RIIII. MISCELLANEOUS PROVISIONS -NOTICE. (1) The provisions of this Agreement shall be interpreted pursuant to the laws of the State of Idaho. (2) The parties hereto consent that courts in the State of Idaho shall have jurisdiction over any dispute arising under this Agreement after exhaustion of the dispute resolution procedures provided for herein. If reasonable attorney fees are incurred in enforcing Joint Powers Subscriber Agreement (Effective October 1, 2005) - 14 provisions of this Agreement in a court of law, the prevailing party to such an action shall be entitled to reimbursement of its reasonable attorney fees. (3) No waiver of any breach of this Agreement or any provision herein contained shall be deetned a waiver of any preceding or succeeding breach thereof or of any of the other provisions herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligations or acts. (4) In the event that any provision of this Agreement is in conflict with or is incompatible with the MEMBER' S Policy issued hereunder, the terms and conditions of the MEMBER' S Policy shall prevail and take precedence. (5) This Agreement may be modified or amended by a written agreement entered into by the BOARD. Provided, however, no such modification shall be effective retroactively, nor as to any insurance contractor coverage issued prior thereto. Said modifications may be made effective during a Policy Year only to comply with applicable laws respecting operation of ICRMP or with express consent of the MEMBER. Changes maybe made to.the policy of insurance issued by ICRMP at any time during the policy year in accordance with rules or statutes governing the business of insurance within the State of Idaho. If a MEMBER does not accept changes made during a policy year, its sole remedy shall be to cancel future coverage, subject to a proportionate refund of any pro rata member contributions already paid, less equitable commission and administrative charges. (6) MEMBER agrees to hold ICRMP, its employees, contractors, and/or legal counsel, harmless and without liability to MEMBER from any claims arising out of loss control or related administrative activities undertaken for Subscriber's benefit. ICRMP assumes no responsibility for the lawful operation of MEMBER' S POLITICAL SUBDIVISION. MEMBER further agrees that communications with attorneys on the ICRMP staff or retained by the Program to assist a MEMBER to resolve or avoid claims will remain confidential pursuant to the Attorney-Client privilege and that written materials generated as a consequence of such effort to assist MEMBER shall constitute attorney work product. MEMBER further agrees that the employees, contractors and/or legal counsel of ICRMP when acfing in a loss control capacity are representing ICRMP, not MEMBERS, and that information obtained in such loss control capacity may be provided to ICRMP in order to carry out the purposes of this Joint Powers Subscriber Agreement. (7) All notices required to be given under this Agreement shall be delivered in writing. Notices by a MEMBER to ICRMP shall be sent to ICRMP' S principal place of business. Notices to any Subscriber shall be sent to the Subscriber's last known address. In the event that any party to this Agreement desires to change its address, notice of change of address shall be sent to the other party by United States Mail in accordance with the terms and provision of this Article. Joint Powers Subscriber Agreement (Effective October 1, 2005) - I S ARTICLE XXIII. EXECIJTd®N AND) ATTEST. In Witness hereof, this Agreement is executed on the day of Zp by the undersigned who are duly authorized officer(s) of the Political Subdivision indicated below and by the Idaho Counties Risk Management Program, Underwriters (ICRMP), pursuant to action taken by the Governing Board of the MEMBER on the _ day of 2p Such execution upon this Agreement or upon execution of a prior counterpart accompanied by continuing renewal shall constitute agreement by the POLITICAL SUBDIVISION to the terms and conditions of membership in ICRMP until proper written notice of withdrawal is provided or until a MEMBER is cancelled or expelled as provided herein. Signature is required for new membership. Renewal occurs by approval of binder and payment of MEMBER CONTRIBUTION. POLITICAL SUBDIVISION: (~/Tf D~" /it-~~~~1~~ By: .! C N THE BO R, OR OTHER EXP SL AUTHORIZED OFFICER p~``~~ "~~~~~~~~'"'~., Title: Attest/Witness: CLERIC OR OTHER ACCEPTED FOR THE IDAHO COUNTIES RISK PROGRAM, UNDERWRITERS (ICRMP) By: EXECUTIVE DIRECTOR a`~ ~(~ q~ ~~ /~ ~Q '~ $~~~e 9 FR q~ T 18'f • ,~ ,D, ~. ~ ~~°' Joint Powers Subscriber Agreement (Effective October I, 2005) - 16 IDAHO COUNTIES RISK MANAGEMENT PROGRAM, UNDERWRITERS JOINT POWERS SUBSCRIBER AGREEMENT JOIliTT P®WERS ~ZTBSCI~EIZ AG~ElVIE1~T Idaho Counties Risk Management Program, Underwriters THIS AGREEMENT is entered into pursuant to the provisions of Idaho Code, Sections 67-2326 through 67-2333, relating to the joint exercise of powers among political subdivisions of the State of Idaho, by political subdivisions of the state of Idaho as defined by the Idaho Tort Claims Act, as subscribers to counterparts of this Agreement, for the purpose of operating a separate legal entity to be known and designated as the Idaho Counties Risk Management Program, Underwriters, hereinafter referred to as "ICRMP". At the time of making of this Agreement, ICRMP is considered by the Idaho Department of Insurance to be a reciprocal insurer organized pursuant to provisions of Idaho Code, Title 41, Chapter 29. It is AGREED among the Members of ICRMP all of whom are signatory to this Agreement or a prior counterpart that by virtue of expressly accepting the terms of this version of the Joint Powers Subscriber Agreement, or by expressly approving a prior counterpart and subsequently renewing participation after changes to a prior counterpart have been implemented by the Board of Trustees, as follows: WHEREAS, POLITICAL SUBDIVISIONS of the State of Idaho have the authority to purchase liability insurance for themselves and their employees pursuant to Idaho Code Section 6-923 and to contract for property and other insurance coverage as they deem necessary or proper; and WHEREAS, it is to the mutual benefit of POLITICAL SUBDIVISIONS to join together to establish the legal entity created by this Joint Powers Agreement to accomplish the purposes hereinafter set forth; and WHEREAS, the MEMBERS have determined that there is a need for POLITICAL SUBDIVISIONS to jointly create an insurance and risk management program; and WHEREAS, the laws of the State of Idaho authorize the formation of a reciprocal insurer by POLITICAL SUBDIVISIONS without abrogating any privileges or immunities accorded to them by law; NOW, THEREFORE, BE IT AGREED, in consideration of the mutual advantages and benefits to each POLITICAL SUBDIVISION and the mutual covenants herein contained, the MEMBERS of ICRMP, with the consent and concurrence of the undersigned subscribing POLITICAL SUBDIVISION, agree as follows: ARTICLE 1. DEFINITIONS. As used in this Agreement, the following terms shall have the respective meanings hereinafter set forth: Joint Powers Subscriber Agreement (Effective October 1, 2005) - 1 (~ (1) ICRMP (Progralmn). The Idaho Counties Risk Management Program, Underwriters, a pooled insurance and risk management program established pursuant to the statutes of this state by this joint powers agreement. (2) BOARD. The Board of Trustees of ICRMP, which shall serve as the Subscribers' Advisory Committee, as such is required by Idaho Code Title 41. Chapter 29. (3) MEMBERS. The POLITICALSUBDIVISIONS, as defined in Section 6-902(2), Idaho Code, which qualify and agree to the terms of the JOINT POWERS SUBSCRIBER AGREEMENT. (4) JOINT POWERS SUBSCRIBER AGREEMENT. This Agreement, including prior and subsequent iterations wherein political subdivisions agree to participate in the insurance and risk management offerings of ICRMP as set forth by the BOARD. ARTICLE II. ESTABLISHMENT, MAINTENANCE AND PARTICIPATION IN ICRMP. The Idaho Counties Risk Management Program, Underwriters, a separate Joint Powers Entity, was created through a Joint Powers Agreement by numerous counties of the state of Idaho with an initial effective date of November 29, 1985. The Joint Powers Agreement has been subsequently amended on September 21, 1989, October 6, 1993, February 10, 1994 and September 18, 1996. This JOINT POWERS SUBSCRIBER AGREEMENT is intended to continue the organization and operation of ICRMP into future years upon the foundation laid by prior joint powers and subscribers' agreements. The undersigned public entity, a political subdivision of the State of Idaho, upon execution of an iterafion of the JOINT POWERS SUBSCRIBER AGREEMENT will become a MEMBER of the Idaho Counties Risk Management Program, Underwriters (ICRMP) with all rights and duties associated therewith. This Agreement supersedes all prior ICRMP joint powers and subscribers' agreements and will become effective on October 1, 2005, upon acceptance of the tender of continued participation offered during the annual renewal process. ARTICLE III. PURPOSES AND DURATION. (1) The purposes of ICRMP are to provide an insurance and risk management program and to assist MEMBERS to prevent and reduce losses and injuries to MEMBERS' property and to persons or property which might result in claims being made against MEMBERS, their employees, officers, or agents, whether appointed, employed, elected or serving as recognized volunteers. (2) It is the intent of the MEMBERS of ICRMP to create an entity with unlimited duration which will administer an insurance and risk management program and use funds contributed by the MEMBERS to defend and indemnify, in accordance with this Agreement and the issued policy(ies) of insurance, any ICRMP MEMBER against stated liability or loss, to the limits of the Insurance Policy issued by ICRMP. It is also the intent of the MEMBERS to have ICRMP provide continuing stability Joint Powers Subscriber Agreement (Effective October 1, 2005) - 2 and availability of needed insurance coverage at reasonable costs and to provide education and training to ICRMP MEMBERS in the interest of meeting the challenges of local governance. All income and assets of ICRMP shall be at all times dedicated to the ultimate benefit of its MEMBERS. (3) It is the intent of the MEMBERS of ICRMP that the Program serve as a vehicle for cooperative undertakings for all program MEMBERS or selected groups thereof to share the costs of certain required or desired insurance or risk-related obligations which the MEMBERS desire to study or implement. In implementation of any such programs, the participating MEMBERS shall bear the proportionate costs of carrying out the purposes of the programs(s). (4) Participation in ICRMP shall be comprised of those POLITICAL SUBDIVISIONS which have entered into this Agreement or one of its prior iterations by and through an individual duly authorized to execute such Agreement, and who have agreed to pay the required MEMBER contributions. MEMBERS agree to the admission of future MEMBERS in accordance with provisions of the JOINT POWERS SUBSCRIBER AGREEMENT and acknowledge that they shall have no right to object to the addition of such MEMBERS provided they are admitted in accordance with the terms hereof. This Agreement shall be automatically renewed, annually or periodically, consistent with BOARD-established policy terms, unless the provisions for withdrawal, expulsion or termination are applied in compliance with the terms of this agreement or adopted BOARD policy. ARTICLE IV. MANNER OF FINANCING. Financial operations of ICRMP shall be committed to the sound discretion of the BOARD with the primary intent being the long-term solvency of the Program. Financial contributions from MEMBERS shall be determined by the BOARD of ICRMP, considering, among other factors, risk exposure, loss experience, net operating expenditures, property ownership, costs of administering claims, costs of providing risk management services and other appropriate or necessary costs. ARTICLE V. NON-WAIVER OF GOVERNMENTAL OR OTHER IMMUNITY. MEMBERS of ICRMP, by participation in this program, do not waive any imfnunifies or limitations of liability provided to political subdivisions or their employees by any law of this state or nation. ARTICLE VI. ICRMP POWERS AND DUTIES. The powers of ICRMP to perform and accomplish the purposes set forth above shall, within the budgetary limits and procedures set forth in this Agreement and as otherwise established by the BOARD, be the following: (a) To employ agents, employees and independent contractors. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 3 (b) To purchase, sell, encumber and lease real property; to incur obligations on behalf of the program to the extent permitted by Idaho statutes and the Idaho Constitution; and to purchase, sell, or lease equipment, machinery, and personal property. (c) To invest funds as allowed by Idaho statutes. (d) To carry out educational and other programs relating to risk management. (e) To create, collect funds for, and administer an insurance and risk management program. (f) To purchase excess insurance and/or reinsurance to supplement the self-insured retention. (g) To establish reasonable and necessary loss reducfion and prevention recommendation procedures to be followed by the MEMBERS. (h) To provide risk management, loss control, underwriting and claims adjustment or to contract for such services, including the defense and settlement of claims, subject to specific limitations and/or restrictions, which may be imposed and adopted by the BOARD. (i) To carry out such other activities as are necessarily implied or required to carry out the purposes of ICRMP specified in Article III of this Agreement, even though such undertakings might not be known at the time of entering into this agreement, or the specific powers enumerated in this Article. (j) To sue and be sued. (k) To enter into contracts. (1) To reimburse BOARD members for reasonable and approved expenses incurred in attending to BOARD responsibilities. (m)To provide security, insurance or bonds regarding the official responsibilities of all officers, BOARD members and employees of ICRMP. ARTICLE VII. PARTICIPATION. Any MEMBER of ICRMP shall be permitted to participate in the activities of ICRMP as provided in this Agreement. ARTICLE VIII. MEMBERS' RIGHTS AND OBLIGATIONS -DISPUTE RESOLUTION PROCEDURES. (1) The individual MEMBERS of ICRMP shall have the right to: (a) Petition the Board to be heard regarding any aspect of the program operation in accordance with internal dispute resolution procedures approved by the Board or as otherwise determined in accordance with procedural guidelines authorized by the Board or the Chairman of the Board as circumstances warrant. (b) Withdraw from Program participafion at any time authorized by this Agreement, but no less frequently than annually. Members recognize that the Program is managed for long-term participation and that agreements that support Program operation are of one-year or longer duration. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 4 (c) To vote in election of a representative to serve on the Boud of ICRMP as provided by this JOINT POWERS SUBSCRIBER AGREEMENT. (2) The obligations of MEMBERS of ICRMP shall be as follows: (a) To pay promptly all member contributions to ICRMP at such times and in such amounts as shall be established by the BOARD pursuant to this agreement. Any delinquent payments may incur interest, which shall be equivalent to the prime interest rate, from the date of delinquency, of the commercial bank where ICRMP's primary accounts are maintained. Payments will be considered delinquent fifteen (15) days following the due date. Interest would be calculated from the due date. Insurance coverage and other services will not continue for MEMBERS that are delinquent (more than fifteen (15) days past due) in payment of contribution amounts according to the terms of this Agreement. (b) To allow the Program and its agents, officers and employees reasonable access to all premises of the MEMBER and all records, including but not limited to financial records, as reasonably required for the administration of ICRMP and the effective handling of claims threatened or brought against MEMBERS. (c) To cooperate fully with the PROGRAM' S attorneys, claims adjusters and any other agent, employee, or officer of ICRMP in activities relating to the purposes and powers of ICRMP: (d) To make good faith efforts to follow the safety, loss reduction and prevention recommendations established by the Program and to cooperate in risk reducfion strategies proposed or required by the Program. (e) To report to ICRMP immediately all incidents or occurrences which could reasonably be expected to result in ICRMP being required to consider a claim against the POLITICAL SUBDIVISION, its agents, officers, or employees, or for losses to MEMBER' S property within the scope of coverages undertaken by ICRMP. (f) To report to ICRMP as soon as reasonably possible, by way of the public entity's insurance agent, in accordance with the issued Policy of Insurance and related guidelines, the addition of new programs, facilities and equipment or the significant reduction or expansion of existing programs, facilities and equipment or other. acts that could cause material changes in the MEMBER' S risk of property or liability-related loss exposure. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 5 (g) To provide ICRMP periodically, but in no instance less frequently than annually, in accordance with the issued Policy of Insm~ance, with information on the value of buildings and contents and other real and personal properties. Each MEMBER is obliged to cooperate with the Program via its independent insurance agent (h) To utilize Board-approved dispute resolution procedures regarding any contest or disagreement regarding a provision or scope of coverage pursuant to the insurance program/policy, prior to initiating legal action against ICRMP. MEMBERS expressly agree to follow the internal dispute resolution procedures adopted by the BOARD before contesting coverage or claims payment issues in a court of law. Such procedures require MEMBERS to thoroughly disclose any bases for such disagreement in writing to the BOARD prior to being heard in the process of resolving any such dispute. MEMBER expressly agrees that failure to exhaust the internal dispute resolution procedures established by the BOARD constitutes a material breach of this Joint Powers Subscriber Agreement. MEMBER further agrees not to initiate legal action against the PROGRAM regarding any dispute with the PROGRAM until said dispute resolution procedure has reached it conclusion. MEMBER agrees that ICRMP may enforce this provision by seeking the remedy of specificperformance in a court of competent jurisdiction. The restrictions contained in this subsection maybe waived by mutual agreement of the Program and the MEMBER. (3) The basic elements of the dispute resolution procedure within ICRMP shall include the following: (a) Filing a written statement by the MEMBER stating the specific basis for disagreement with the Executive Director. Such filing shall be followed promptly by a conference with the Executive Director, in person or by telephone, to attempt to resolve the stated differences. The Executive Director shall thereafter respond to the MEMBER in writing not more than ten (10) business days after the conference. Such written response shall set forth the basis of the Executive Director's decision. (b) Following receipt of the Executive Director's written response, MEMBER may appeal the determination of the Executive Director to the BOARD. Any such appeal shall be made in writing setting forth the specific basis for the appeal and the particular reasons for the disagreement with the determination of the Executive Director. When an appeal is received at least ten (10) days prior to a BOARD meeting, it will be included on the next BOARD agenda. If an appeal is not received at a time that allows it to be timely placed upon the agenda of the next BOARD meeting, the MEMBER and Executive Director, working in consultation with the Chairman of the BOARD, shall determine whether the matter is of such importance and urgency that it requires the call of the special BOARD meeting or whether it can be Joint Powers Subscriber Agreement (Effective October 1, 2005) - 6 addressed at the next regularly scheduled BOARD meeting, no later than sixty (60) days after the appeal is received, without irreparably harming the MEMBER. If a MEMBER insists upon the call of a special meeting by formal action of its governing board, or if the next regular meeting of the BOARD is more than sixty (60) days after the date the MEMBER'S written appeal is filed with the Executive Director, a special meeting of the BOARD shall be called to hear the appeal. (c) The BOARD shall hear oral presentations, not in excess of one hour each, by the MEMBER and the Executive Director, should either or both desire. After hearing from both parties, the BOARD shall decide the controversy and shall tender its decision in writing within thirty (30) days. In doing so the BOARD may consult independently, or through the Executive Director, with legal advisers and/or consultants. The decision of the BOARD shall be final, unless reconsideration is requested by the MEMBER and approved for reconsideration by the BOARD. Until a final decision is made pursuant to the procedures set forth in this Article, no Member may initiate or institute legal action against ICRMP or its officers, employees or agents arising out of the performance of this Agreement or the contract of insurance issued pursuant to this Agreement. (d) The BOARD reserves the right to vary the foregoing procedures as necessazy to accommodate the interests of ICRMP, its MEMBERS, or others with an interest in the just resolution of differences regarding program operation. ARTICLE IX. MEMBER CONTRIBUTIONS. The Board of ICRMP shall establish annual or periodic contribution amounts for MEMBERS. The PROGRAM may change contribution amounts charged to any MEMBER from yeaz to yeaz• to reflect changes in risk resulting from operational changes, changes in property values or ownership, reevaluation of operating risks, or refusal to participate in or willful violation of safety or loss prevention programs or for other reasons established by the BOARD. Conversely, the PROGRAM may offer contribution amount incentives for any MEMBER that faithfully participates in loss prevention and safety programs or for other reasons established by the BOARD. Each MEMBER'S contribution amount shall be limited to the rate model set for the Policy Year, unless additional coverage is requested by the MEMBER. No MEMBER may be further assessed during a Policy Year unless in response to a material change in property or activities not disclosed or addressed at the time of annual renewal. Additional contribution amount maybe charged when changes aze made to covered property or activities during the course of a year. The PROGRAM reserves the right to condition continued participation by any MEMBER upon compliance with specific performance requirements, payment of modified deductible amounts and such other measures as the PROGRAM deems necessary or appropriate. The PROGRAM reserves the right to discontinue membership of any MEMBER which does not cooperate with Program goals, objectives, or requirements or which acts without regard to consequences concerning matters which affect ICRMP and its MEMBERS. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 7 ARTICLE X. BOARD OF TRUSTEES -ELECTION AND REMOVAL. The BOARD of Trustees shall be comprised of nine elected public officials, six (6) of whom shall be county commissioners and three (3) who shall hold elective office in other POLITICAL SUBDIVISIONS. The electoral boundaries shall be organized as follows: County District I: Counties of Boundary, Bonner, Kootenai, Benewah and Shoshone. County District II: Counties of Latah, Clearwater, Nez Perce, Lewis and Idaho. County District III: Counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee. County District IV: Counties of Camas, Blaine, Gooding, Lincoln, Jerome, Minidoka, Twin Falls and Cassia. County District V: Counties of Bingham, power, Bannock, Caribou, Oneida, Franklin and Bear Lake. County District VI: Counties of Lemhi, Custer, Clark, Fremont, Butte, Jefferson, Madison, Teton and Bonneville Region I: Elected oflcial of a polifical subdivision other than a county from within Districts I, II, and III elected by all political subdivisions in the Region except counties. Region II: Elected official of a polifical subdivision other than a county from within Districts IV, V and VI elected by subdivisions in the Region, except counties. County Member at Large: Elected commissioner of any MEMBER County elected by county Members. The Member at Large position will no longer be limited only to county commissioners when the term of service of the current County Member at Large or his competitively-elected successor concludes by resignation, retirement or removal during the course of a term or upon such Board member's decision not to run for re-election. Upon the happening of such resignation or retirement, the Member at Large position will become open to elected officials from POLITICAL SUBDIVISIONS other than counties and to county commissioners from any MEMBER County. Simultaneously, the Regional positions shall be subsequently limited going forwazd to service by elected city officials from the respective Regions outlined above. Each member of the BOARD shall be either a commissioner elected from a MEMBER County or an elected official of a MEMBER representing other POLITICAL SUBDIVISIONS, and shall serve for a period of two (2) years, or until a successor is elected or appointed. Four (4) members of the BOARD (even-numbered Districts and the Region II seat) shall be elected for two (2) year terms in November/December ofodd-numbered years, while another five (5) members of the BOARD (odd-numbered Districts and the Region I seat plus the County Member at Lazge, such seat to become an Open Member at Large when the circumstances described in the preceding pazagraph occur) shall be elected for two (2) year terms in even-numbered years. For purposes of this Agreement, a "Board Seat" shall be defined as the position on the ICRMP Board of Trustees designated for and occupied by the representative duly elected from a District, Region or At Large as outlined in this Section. The Executive Director shall administer the elecfion process in order to allow election results to be canvassed by the BOARD during its December meeting. The respective boards of county commissioners of each MEMBER county may cast a ballot for their District member of the BOARD, governing boards of POLITICAL Joint Powers Subscriber Agreement (Effective October 1, 2005) - 8 SUBDIVISIONS other than counties may vote for regional representatives and all MEMBER boards of county commissioners may cast a ballot for the county representative at large, to be received by ICRMP at a time and place specified by the Executive Director prior to the Board's final meeting each calendar year. Each member of the BOARD shall serve from the date of the first BOARD meeting in the succeeding year through the conclusion of his/her term when a succeeding BOARD member is seated or for another term if the BOARD member is re-elected. At any time during the course of service of a BOARD member such member may be removed by the Program MEMBERS that elected such BOARD member by either of two (2) means. The first method by which an elected BOARD member's continued service maybe submitted to his constituent electors is by receipt of a petifion of no confidence approved by the respective governing boards of MEMBER entities equal to at least one-half (1/2) of the number of votes received by the BOARD member when the BOARD member was most recently elected to the BOARD. Any such petition shall succinctly set forth the reasons of misconduct, wrongdoing or failed representation that jusfify a no-confidence election. The second alternative to refer a BOARD member's continued service to his constituent electors would be a no-confidence declaration by members of the ICRMP BOARD. By majority vote of no confidence the BOARD may choose to submit the queston of continued service by an elected or appointed BOARD member to the BOARD member's constituent electors, stating in any motion to proceed with such election the express reasons therefore. In the event of receipt of a qualifying no-confidence petition, or following a no- confidencevote by the ICRMP BOARD, the question to be presented to a BOARD member's constituent electors would be whether the identified BOARD member should continue to serve on the BOARD. The reasons for no-confidence stated in the petition from dissafisfied MEMBERS or expressed in the motion by BOARD shall be included in election materials sent to constituent electors along with a statement prepared by the BOARD member in response. Neither message shall exceed three hundred (300) words. Voting on any such election shall be open for at least twenty-one (21) days from the date ballots are first mailed. The Executive Director shall establish a time and date certain by which all ballots must be received. Votes shall be tallied by the Executive Director or his designee(s). A majority of lawful votes cast shall determine the outcome. If a no-confidence vote results in removal of BOARD member, the seat may be refilled by BOARD appointment until the next election wherein a replacement can be elected to fill a new term or the remainder of the prior term, whichever is applicable. ARTICLE XI. POWERS AND DUTIES OF THE BOARD OF TRUSTEES. The BOARD shall have the following powers and duties: (1) To annually elect a chairman and vice-chairman. Each officer shall serve unfil his or her successor is elected. (2) To admit or expel MEMBERS in accordance with this Agreement. (3) To establish contribution amounts and payment procedures for MEMBERS. (4) To establish the insurance and risk management program design. (5) To provide for selection of all personnel and contractors necessary for the administration of ICRMP, including the appointment of a primary administrator to supervise the business of the PROGRAM and carry out functions delegated by the BOARD. joint Powers Subscriber Agreement (Effective October 1, 2005) - 9 (6) To establish a schedule for BOARD meetings. (7) To fill vacancies on the BOARD by majority vote of the remaining trustees for the unexpired term. (8) To exercise all powers of ICRMP, except powers reserved to the MEMBERS. (9) To prepare, adopt and oversee ICRMP's budget. (10) To make reports to the MEMBERS. (11) To provide for underwriting claims and loss control procedures. (12) To provide for the investment and disbursement of funds. (13) To establish by-laws, rules and regulations governing its own conduct and procedures and the powers and duties of its officers, not inconsistent with this Agreement. (14) To provide to MEMBERS an annual report of operations and financial affairs. (15) To form committees and advisory panels; and to provide other services as needed by ICRMP. The BOARD shall determine the method of appointment and terms of members of committees and advisory panels. (16) To submit to MEMBERS a subsequent, substitute, or replacement Joint Powers Subscriber Agreement at the date of periodic renewal for re-adoption or express acceptance by MEMBERS. (17) Dissolve ICRMP and disburse its remaining assets when BOARD action is accompanied by atwo-thirds (2/3) vote of the entire MEMBERSHIP, provided that a notice of intent to dissolve ICRMP shall be given to the Director of the Department of Insurance of the State of Idaho at least ninety (90) days prior to the proposed effective date. Like notice of such intent shall be provided to all MEMBERS at least thirty (30) days before any such vote regarding dissolution. (18) To do or delegate all acts necessary and proper for the implementation of this Agreement. ARTICLE XII. ESTABLISIIIViI;NT OF LOSS PAYING FUND. The PROGRAM shall establish a Loss Paying Fund which shall consist of amounts the BOARD deems reasonably sufficient to annually produce the sum of money necessary to fund ICRMP's general and administrative expenses, any reinsurance requirements, to pay the current year's claims and claims expenses and to sustain the financial stability of the Program plus funds necessary to meet ICRMP's obligafion to satisfy the requirements of any regulatory authority. ARTICLE XIII. SCOPE OF COVERAGE. (1) ICRMP shall provide policy protection to each MEMBER as provided in the MEMBER' S policy of insurance. MEMBER acknowledges that the policy of insurance transfers risk of loss from the MEMBER to ICRMP subject to the terms, conditions and exclusions addressed by the policy. (2) In the event that a claim or a series of claims exceed the amount of coverage provided by the MEMBER'S Policy, payment of valid claims shall become the sole and separate obligation of the individual MEMBER or MEMBERS against whom the claim was made and perfected by litigation or settlement. No Subscriber shall be Joint Powers Subscriber Agreement (Effective October 1, 2005) - 10 entitled to a contribution from other MEMBERS beyond the amount obligated by this Joint Powers Subscriber Agreement and the policy of insurance which complements it. ARTICLE XIV. MEETINGS OF THE BOARD OF TRUSTEES. (1) The BOARD may set a time and place for meetings in accordance with applicable law. All provisions of law applicable to public meetings shall be observed. (2) A majority of seated trustees shall constitute a quorum to do business. All formal acts of the BOARD shall require a majority vote of the trustees present and voting. (3) Because of the distance that separates the Trustees, the Board may conduct official business by telephone conference call. When a conference call meeting is convened the base of such meeting will normally be the ICRMP Building in Boise, Idaho. An alternative base meeting location maybe designated by the Executive Director when necessary to effectively conduct BOARD business. At the base location a speaker phone shall be provided in order to allow the public to hear the discussion carried on by the Board. Executive session and notice provisions of the Open Meeting Law shall apply when appropriate or required. ARTICLE XV. LIABILITY OF BOARD OF TRUSTEES OR OFFICERS. The trustees or officers of ICRMP should use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties hereunder. They shall not be personally liable for any mistake of judgment or other action made, taken or omitted by them in good faith; nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care so long as the acfions or omissions complained of shall have taken place within the course and scope of their official duties. No trustee shall be personally liable for any action taken or omitted by any other trustee. The assets of ICRMP shall be used to defend and indemnify any trustee, officer, agent or employee for actions taken by each such person in good faith within the scope of his or her authority for ICRMP as public officials in the state of Idaho. ICRMP may purchase insurance providing coverage for trustees, officers and employees. ARTICLE XVI. WITHDRAWAL FROM MEMBERSHH'. Any MEMBER may withdraw from ICRMP after the MEMBER'S initial one (1) year term by giving notice to the BOARD, in writing, of its desire to withdraw. Any MEMBER may withdraw from ICRMP within thirty (30) days after the date that the Program gives notice in writing of an amendment to this Agreement or its accompanying policy of insurance by tendering to the Executive Director written notice of its intent to withdraw. The continuing rights of any withdrawing MEMBER shall be as set forth in the most recent Joint Powers Subscriber Agreement to which the Member has agreed. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 11 ARTICLE XVII. EXPULSION OF MElVISERS -CONDITIONS OF CONTIIV><TED PARTICIPATION. (1) Any MEMBER may be expelled by the Executive Director at any fime during a policy year for one or more of the following reasons: (a) Failure to make any payments due to ICRMP. (b) Willful failure to undertake or continue loss reduction or loss prevention recommendations by ICRMP. (c) Failure to allow ICRMP reasonable access to all facilities and records of the MEMBER necessary for proper administration of ICRMP. (d) Failure to fully cooperate with ICRMP's attorneys, claim adjusters or other agents, employees, ar officers of ICRMP. (e) Failure to carry out any obligation of a MEMBER which impairs the ability of ICRMP to carry out its purpose or powers. (f) Exhibiting reckless behavior which causes claims which could have been avoided by prudent or responsible action. (2) No MEMBER expulsion shall be effective until thirty (30) days after notice from the Executive Director of the alleged failure of performance. Notice to a MEMBER shall state whether a cure is possible. The MEMBER may request a heazing within thirty (30) days of the notice provided by the Executive Director. Notices of expulsion are subject to the Dispute Resolution Procedure set forth in Article VIII. If a decision to expel is affirmed after hearing, such date of expulsion shall relate back to the date of initial action by the Executive Director from which the notice of intent to terminate derives. The rights of any expelled MEMBER shall be as set forth in this Agreement or upon such other terms and conditions as the BOARD may negotiate with the expelled MEMBER. (3) Any MEMBER separating from ICRMP (withdrawing or expelled) shall not be entitled to any reimbursement of contribution amounts that have been paid unless otherwise required by language of the policy of insurance or provisions of applicable law. All claims relating to events occurring after the date of separation from ICRMP shall become the sole responsibility of the separated Subscriber. With respect to Public Officials' Errors and Omissions (Claims Made Form), any claims occurring or reported after the date of separation from ICRMP shall become the sole responsibility of the separated MEMBER. (4) As an alternative to expulsion the Boazd may, at any time, condition continued participation in the program upon compliance with specific terms and conditions established by agreement between the MEMBER and ICRMP. Conditions may include consultation requirements, increased deductible amounts, increased MEMBER contributions, restriction of coverage and such other limitations as the Board may deem reasonable to protect the resources of ICRMP. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 12 (~ ARTICLE XVffi. BINDING CONTRACTUAL OBLIGATION. This document shall constitute a Joint Powers Agreement, a binding contract, among those POLITICAL SUBDIVISIONS that are MEMBERS of ICRMP. The terms of this Agreement may be enforced in court by ICRMP itself or by any of its MEMBERS, subject to the terms and conditions of applicable laws and this Agreement. The consideration for the duties herewith imposed upon the MEMBERS to take certain acfions and to refrain from certain other actions is based upon the mutual promises and agreements of the MEMBERS set forth herein. This Agreement shall be approved according to law by each MEMBER and by signature affixed hereto. MEMBER asserts that it has complied with relevant laws and that is waives its ability to object to the binding nature of this Agreement by virtue of informalities in its approval. Except to the extent of the fmancial contributions to ICRMP agreed to herein, or such additional obligations as may come about through amendments to this Agreement, no MEMBER agrees or contracts herein to beheld responsible for any claims in tort or contract made against any other MEMBER. The contracting parties intend in the creation of ICRMP to establish an organization for joint risk management only within the scope therein set out, and have not herein created as between MEMBER and MEMBER any relationship of surety or indemnitor, nor by participating herein does any MEMBER assume responsibility for the debts of or claims against any other MEMBER. ARTICLE XIX. DISTRIBUTION OF PROPERTY, FUNDS AND SUPPLIES UPON DISSOLUTION OF ICRMP. In the event of termination of this Joint Powers Subscriber Agreement such that ICRMP is dissolved, all unused consumable supplies, non-consumable supplies or other property or assets acquired by ICRMP shall be disposed of in a manner permissible by law, and the proceeds of such liquidation shall be disbursed to the MEMBERS at a rate proportionate to each MEMBER' S pro rata share of the cumulative member contributions paid to ICRMP from the time said PROGRAM was commenced until the time that it was terminated or dissolved. Said determination of asset distribution shall be made in good faith by the BOARD. ARTICLE XX. SEVERABILITY. In the event that any Article, provision, clause or other part of this Agreement should be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability with respect to other Articles, provisions, clauses, applications or occun~ences, and this Agreement is expressly declared to be severable. ARTICLE XXI. POWER OF ATTORNEY -EXPENSES AND DUTIES. (1) To the extent required by Idaho Code Title 41, Chapter 29, and not inconsistent with applicable constitutional and statutory obligations and prerogatives, MEMBER hereby appoints Idaho Counties Risk Management Program, Underwriters (ICRMP), as its Attorney-in-Fact empowered to take all actions and execute all documents which are necessary or appropriate in carrying on the business of insurance through Joint Powers Subscriber Agreement (Effective October 1, 2005) - 13 l ~~. ICRMP on behalf of MEMBER. MEMBER agrees that the Board of ICRMP may delegate powers to an Executive Director in accordance with this Joint Powers Subscriber Agreement. (2) The Executive Director appointed by the Board is hereby empowered by the undersigned to accept service of process on behalf of ICRMP. The Director of the Department of Insurance of the State of Idaho is also authorized to receive service of process in actions against ICRMP upon contracts of insurance provided to Subscribers of ICRMP. Such authorization does not supersede the procedural requirements of this Agreement. The general services to be performed by the Executive Director shall include: (a) issuing, underwrifing and servicing policies of insurance; (b) contracting with agents for sale and servicing of policies of insurance; (c) executing treaties of reinsurance; and (d) supervising the investment policy of ICRMP. The Executive Director's obligations and liability shall be limited by the terms and conditions of ICRMP's Joint Powers Subscriber Agreement and by the Idaho Tort Claims Act. (3) The general items of expense to be paid by ICRMP shall include, but not limited to: (a) losses and claims payments; (b) allocable claims expense; (c) governmental charges, license fees, and taxes; (d) expenses incurred in auditing ICRMP's books and records; (e) contribution amount collection costs; (f) Board expenses; (g) premiums on reinsurance; (h) fees of investment counsel and direct investment expense; (i) salaries and expenses of officers and employees of ICRMP; (j) disbursement of dividends; (k) special expenses authorized by the Board of Trustees of ICRMP; (1) broker and agent cornmissions; (m) indemnity insurance premiums; (n) home and branch office expense; and (o) actuarial, auditing, legal, risk management and loss prevention expenses. (4) The Power of Attorney conveyed herein shall expire upon termination of ICRMP. The policies of insurance issued by ICRMP are subject to payment of member contributions to ICRMP. The liability of each MEMBER for the obligations of ICRMP shall be an individual, several and proportionate liability and not a joint liability. The liability of each MEMBER shall be limited as stated in this Joint Powers Subscriber Agreement provided; however, that in no event shall any MEMBER be required to contribute more than the amount authorized by applicable state statutes and constitutional provisions pursuant to which ICRMP is established. ARTICLE XXII. MISCELLANEOUS PROVISIONS -NOTICE. (1) The provisions of this Agreement shall be interpreted pursuant to the laws of the State of Idaho. (2) The parties hereto consent that courts in the State of Idaho shall have jurisdiction over any dispute azising under this Agreement after exhaustion of the dispute resolution procedures provided for herein. If reasonable attorney fees are incurred in enforcing Joint Powers Subscriber Agreement (Effective October 1, 2005) - 14 provisions of this Agreement in a court of law, the prevailing party to such an action shall be entitled to reimbursement of its reasonable attorney fees. (3) No waiver of any breach of this Agreement or any provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof or of any of the other provisions herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligations or acts. (4) In the event that any provision of this Agreement is in conflict with or is incompatible with the MEMBER' S Policy issued hereunder, the terms and conditions of the MEMBER'S Policy shall prevail and take precedence. (5) This Agreement may be modified or amended by a written agreement entered into by the BOARD. Provided, however, no such modification shall be effective retroactively, nor as to any insurance contract or coverage issued prior thereto. Said modifications may be made effective during a Policy Year only to comply with applicable laws respecting operation of ICRMP or with express consent of the MEMBER. Changes may be made to.the policy of insurance issued by ICRMP at any time during the policy year in accordance with rules or statutes governing the business of insurance within the State of Idaho. If a MEMBER does not accept changes made during a policy year, its sole remedy shall be to cancel future coverage, subject to a proportionate refund of any pro rata member contributions already paid, less equitable commission and administrative charges. (6) MEMBER agrees to hold ICRMP, its employees, contractors, and/or legal counsel, harmless and without liability to MEMBER from any claims arising out of loss control or related administrative acfivities undertaken for Subscriber's benefit. ICRMP assumes no responsibility for the lawful operation of MEMBER' S POLITICAL SUBDIVISION. MEMBER fi,rther agrees that communications with attorneys on the ICRMP staff or retained by the Program to assist a MEMBER to resolve or avoid claims will remain confidential pursuant to the Attorney-Client privilege and that written materials generated as a consequence of such effort to assist MEMBER shall constitute attorney work product. MEMBER further agrees that the employees, contractors and/or legal counsel of ICRMP when acting in a loss control capacity are representing ICRMP, not MEMBERS, and that information obtained in such loss control capacity may be provided to ICRMP in order to carry out the purposes of this Joint Powers Subscriber Agreement. (7) All notices required to be given under this Agreement shall be delivered in writing. Notices by a MEMBER to ICRMP shall be sent to ICRMP'S principal place of business. Notices to any Subscriber shall be sent to the Subscriber's last known address. In the event that any party to this Agreement desires to change its address, notice of change of address shall be sent to the other party by United States Mail in accordance with the terms and provision of this Article. Joint Powers Subscriber Agreement (Effective October 1, 2005) - 15 l~ ARTICLE XXIII. EXECUTION AND ATTEST. In Witness hereof, this Agreement is executed on the day of 20 , by the undersigned who are duly authorized officer(s) of the Political Subdivision indicated below and by the Idaho Counties Risk Management Program, Underwriters (ICRMP), pursuant to action taken by the Governing Board of the MEMBER on the _ day of 20 Such execution upon this Agreement or upon execution of a prior counterpart accompanied by continuing renewal shall constitute agreement by the POLITICAL SUBDIVISION to the terms and conditions of membership in ICRMP until proper written notice of withdrawal is provided or unfil a MEMBER is cancelled or expelled as provided herein. Signature is required for new membership. Renewal occurs by approval of binder and payment of MEMBER CONTRIBUTION. POLITICAL SUBDIVISION: C:~~ !YJ' /~W~~d<~J ~~~~ ~ C~i~jCv~a;L -Za-oS ,_ By. C N THE BO R, OR OTHE EXP SL AUTHORIZED OFFICER p~" Title: Attest/Witness: CLERK OR OTHER ACCEPTED FOR THE IDAHO COUNTIES RISK PROGRAM, UNDERWRITERS (ICRMP) By: EXECUTIVE DIRECTOR ~~` •~ cis ~,uuugq~~ '//'/''' '~~ s~~~ m as ew `~\ .. .N~\ Joint Powers Subscriber A~eement (Effective October 1, 2005) - 16 September 16, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT September 20, 2005 ITEM NO. 5-G REQUEST Sanitary Sewer and Water Main Easement Agreement for Troy Place Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEFT: 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 Sea altachad Date: Phone: _ Staff Initials: Materials presented at public meeNnga shall become property of the City of Meridian. City of Meridian Public Worics Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/13/2005 Re: Proposed Agenda Items for 9/20/05 City Council Meeting ~. ~, '!~._ The Public Works Department respectfully requests that the following items be placed on the 9/20/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Troy Place Subdivision. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Troy Place Subdivision and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 13th day of September, 2005 between Mark Russell, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXI-IIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY TJNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and "restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, Sanitary Sewer and Water Main Easement Page 1 C046350 EASMT.S&W 091305 which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they aze 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 of the first part have hereunto subscribed their signatures the day and year fast herein above written. ~~~ ark ussell STATE OF IDAHO ss County of Ada ) On this ~ day of t , 20 L~~` ,before me, the undersigned, a Notary Public in and for said State, personally appeazed known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz fist above written. 0a0°" Q L• ~I~:p m ~ ®o.o ®e ~~s0 taC~TARY ~ g ~,m ~. ~'tl'$'L~' Ag N ~' P R IDAHO.. -- 11 IZP%~i1~J Res ~ g at Commission Expires: 8 O Sanitary Sewer and Water Main Easement Page 2 C046350 EASMT.S&W 091305 EXHIBIT "A" WATER AND SEWER MAIN EASEMENT FOR TROY PLACE SUBDIVISION A water and sewer main easement over, under and across a parcel of land being a portion of the SEl/4 of the NWl/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a 5/8 inch rebar marking the centerline intersection of E. Carlton Avenue and E. 2 1/2 Street, thence along the centerline of said E. 2 1/2 Street N00°06'50"W a distance of 637.04 feet to a point, from which a brass cap marking the centerline of said E. 2 1/2 Street bears N00°06'50"W a distance of 374.37 feet; thence leaving said centerline N90°00'00"E a distance of 30.00 feet to a point on the proposed new East right-of--way line of said E. 2-1/2 Street being the POINT OF BEGINNING; Thence along said proposed East right-of--way line N00°06' S0"W a distance of 20.00 feet to a point; Thence leaving said proposed East right-of--way line S90°00' 00"E a distance of 110.00 to a point; Thence N00°06'50"W a distance of 5.27 to a point on the South line of MILTON SUBDIVISION, as shown on the official Plat recorded in Book 51 of Plats at pages 4261 and 4262, records of Ada County, Idaho; Thence along said South line N88°23'38"E a distance of 20.01 to a point; Thence leaping said South line S00°06'50"E a distance of 12.92 to a point; Thence N89°53' 10"E a distance of 77.57 to a paint; Thence S45°02'47"E a distance of 44.94 to a point; Thence SOl°33' 16"E a distance of 16.76 to a point; Thence S88°20'42"W a distance of 11.65 to a point; Thence N45°02'47"W a distance of 36.76 to a point; Thence S88°16'05"W a distance of 72.15 to apoint; Thence S00°06'50"E a distance of 59.09 to a point; Thence S88°20'42"W a distance of 20.01 to a point; Thence N00°06'50"W a distance of 71.66 to a point; Thence N90°00'00"W a distance of 110.00 to the POINT' OF BEGINNING. Said easement contains approximately 6,837 square feet or 0.16 acres, more or less and is subj ect to all existing easements and rights-of--ways of record or in use. f ~I ~ ~ E. 2 I/2 STREET (] BASIS OF HEARING ~I ~ N00°08'50"W 1011.41'- - - --~ H / _ N00°06'50=F 97.04' ~: 561.34' 75.]0' i 21.34' 353.03' z ~ q c~ gs m ~ I l7 I Cl7 I ~ l I o l o I °o o l i 0 8 ~ f ^~ r v r rn r cn r ~ r u Fi r ~ z ~ m A N ' ' ' N m N Iril o ~ m ^+ o o z ~ p 0 [li J m b N p N J p n Z ~ O 2 m m VI N U) UI Z Z Z m m m O O m O O m m N m N o m o o O O O 4 4 O O~ N W O O! m ~ ~ N P N ~ m Vi o 41 m U o fA 0 Z 0 ~ `L RI m rri ~ ~ ~~ \ ~ O ~ ~_ ~ O J P\y0 , ° n n s O ~ A z ~ m ~ ~ A V1 m II m 0 r ~' a ~o p ~ 'e z ~U ~ w H I-3 ra zx ° ~' Z o z ~x\ C7 ~ ~ ~ V ' ~ .P c7 ° V oz~~ a ~ ~ UOI _K ~ '3 ~ ~ y d ; ~~~ ~a~ ~z o ~ d L=J c a ~ rn I ~ H ~ I b7 A ~~ Q z~ ~ '"H ~1 r a m L~J 0 0 D C ~ ~gz m C ~ A A r z r m m DETAIL FILENAME: ~ I ~7 ~7 ~ ~~ DRAWN BY: P:~I~CIVIL~C046350-IPCO_easement_ezhibit.dwg 1V j~ HWE Engineers, Inc.. CREATION DATE: CHECKED BY: 12552 W. Executive Dr, Suite B, Boise, laaho 04-13-0 S 83]13 (2oa) eel-nso REB l ~ - OO °o ~ o 0 II O; m ~ ' -a Z ~ va N ,99 lL .µ, 05,90.00N N ~N 60653„OS,90.OOS ~~ f7 m ~ 9m ~n '~ O NI ¢ ~ IN _ N ~' ml lm f lot Im 4 x°, v ~ u ~ l ~ o "' u t I U I 94 in I ~ I H ~. o 0 ' s ?~ 10' 5 a a I La' q6 ti5y I I ~a I a 3 ~ ~ o 9] I z ~ 0 ° m I I ~ A I I m N ~ m z Z ' ' Z 85.5] _ 25.19 L7 500'01'43"E 96.77' z I 0 O m v A N o m ~~ o m m Z m y O A ~ ~ z s m I O f D Z m September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. S-H REQUEST Quitclaim Deed for Streetlights within Edinburgh Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See alfached 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: OTWER: Contacted: Emailed: Date: Phone: _ Staff Initials: Matedals presented at public meetings shall become property of the City of Meddfan. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/13/2005 Re: Proposed Agenda Items for 9/20/05 City Council Meeting _ ~ ~ "~'`i c~ The Public Works Department respectfully requests that the following items be placed on the 9/20/05 City Council agenda, on the Consent Agenda, for Council's consideration: q~ 1) Quitclaim Deed for Streetliohts within Edinburgh Subdivision. Quitclaim Deed prepared and signed by HOA of Edinburgh Subdivision in order to transfer standard streetlights within the development to City of Meridian for maintenance and electrical service responsibilities. Recommended Council Action: Approve the Quitclaim Deed for Edinburgh Subdivision and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Edinburgh Subdivision. Typical Streetlight Agreement provided by HOA of Edinburgh Subdivision in order to clarify that the decorative lights within this development will be maintained by the HOA, while the electricity charges will be paid by City of Meridian. Recommended Council Action: Approve the Streetlight Agreement for Edinburgh Subdivision and authorize the Mayor to sign and City Clerk to attest. • Page 1 QUITCLAIM DEED FOR VALUE RECEIVED, Edinburgh Place Owners Association, and Idaho nonprofit corporation, whose address is 6223 N Discovery Way Suite 120, Boise, Idaho 83713, the GRANTOR, does hereby quitclaim and dedicate unto CITY OF MERIDIAN, an Idaho municipal corporation whose address is City Hall, 33 E Idaho, Meridian Idaho 83642, the GRANTEE, the following estate in real properly: A perpetual easement for the purpose of owning, operating, maintaining, repairing and replacing certain street lights that aze presently affixed to portions of that certain real property commonly known as Edinburgh Place Subdivision and which aze located upon said real property ("Street Light Easement"), and ownership in fee of the street lights and related wires, conduit and equipment located within the Street Light Easement; The street lights that aze located within the Street Light Easement are of a standard shoe-box type design and aze located at the approximate posifions denoted on Exhibit "A" hereto by hand-drawn circles with a superimposed hand-drawn "X" (Standard Street Light"); The boundaries and scope of said Street Light Easement are identical to, and concurrent with, the "Easements" for utilities described on the Plats for Edinburgh Place Subdivision, Phase 1 and 2, as filed in the real property records of Ada County Idaho at Book 82 at pages 8958- 8959 and Book 85 at pages 9452-9453; and TO HAVE AND TO HOLD said estate unto the Grantee, its successors and assigns, forever. This conveyance is subject to the lien for real property taxes for the yeaz 2005 and each year thereafter and all liens, claims and encumbrances of record or that a visual inspection of said property would reveal. This conveyance does not include those certain street lights that are primarily located as fixtures along N Schumann Ave and N Aberdeen Ave in Edinburgh Place Subdivision and which aze not of a box-type standard design like the Standard Street Lights. The Grantee's execution of the Deed evidences the Grantee's acceptance of this dedicafion of said property. IN WITNESS WHEREOF, the Grantor has caused the Grantor's name to the subscribed to the within instrument effective day of-fLz~~^`~' ' 2005. GRANTOR: Edinburgh Place Owners Association, an Idaho nonprofit corporation President STATE OF IDAHO ) ss. County of Ada ) On this day of <~~~z,~h 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared '~ci.r~. P...)~S' k ~.. , Imown or identified to me to be the President of Edinburgh Place Owners Association, an Idaho nonprofit corporafion, the person who executed the instmment on behalf of said corporation, and acknowledged to me that the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. (SEAL) APPROVAL OF THE CITY COUNCIL: NOTARY PUBLIC FOR IDAHO ~ RESIDING AT: (r z--Z3 rJ ~-~.s~ ,`~(~~`~~>~(~-"~ MY COMNIISSION EXPIRES: ?--8 f-l ~ /Sc-'~%v ~, ~'3 7 ~, I, the undersigned City Clerk in and for the City of Meridian, Ada County, Idaho hereby certify that at a regular meeting of the City Council held on day of 2005, this Quitclaim Deed was duly accepted and approved. William G Berg, 7r., City Clerk, Meridian Idaho EXHIBTT A APPROXIMATE LOCATION OF THE STANDARD STREET LIGHTS ~~ ,~ September 16, 2005 MERIDIAN CITY COUNCIL MEEFING September 20, 2005 APPLICANT ITEM NO. 5'~ REQUEST Streetlight Agreement for Edinburgh 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: Date: Phone: _ Emailed: Staff Initials: Materials presented of public meetings shall become property of the Clry of Merldlan. See aMathed City of Meridian Public Works Dept. i~; ,, `~ Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/13/2005 Re: Proposed Agenda Items for 9/20/05 City Council Meeting ~r.i~' ~ ~i Fs~t' The Public Works Department respectfully requests that the following items be placed on the 9/20/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Quitclaim Deed prepared and signed by HOA of Edinburgh Subdivision in order to transfer standard streetlights within the development to City of Meridian for maintenance and electrical service responsibilities. Recommended Council Action: Approve the Quitclaim Deed for Edinburgh Subdivision and authorize the Mayor to sign and City Clerk to attest. 2) Streetlioht Agreement for Edinburgh Subdivision. Typical Streetlight Agreement provided by HOA of Edinburgh Subdivision in order to clarify that the decorative lights within this development will be maintained by the HOA, while the electricity charges will be paid by City of Meridian. Recommended Council Action: Approve the Streetlight Agreement for Edinburgh Subdivision and authorize the Mayor to sign and City Clerk fo attest. • Page 1 STREETLIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN, an Idaho municipal corporation (the "City"), and Edinburgh Place Owners Association, an Idaho non-profit corporation (hereinafter "EP"), pertaining to the street lights in Edinburgh Place Subdivision, Phases 1 and 2, as filed in the real property records of Ada County Idaho at Book 82 at pages 8958-8959, and Book 85 at pages 9452-9453, an existing residential development in Ada County, Idaho, which was annexed into the CiTy of Meridian, Idaho by virtue of a Decision and Order entered by the City Council on December 17, 2004. For good and valuable considerations, the receipt of which is hereby acknowledged, the parties agree as follows: EP claims ownership as part of its common azea certain street light poles, concrete bases, fixtures, bulbs, and components to the residential development known Edinburgh Place Subdivision in Meridian, Idaho. The parties acknowledge that the street light poles and appurtenances located primarily along N Schumann Ave and N Aberdeen were specially ordered items, not customarily used in residenfial developments in Meridian, Idaho ("Non-Standard Street Lights"). The parties further acknowledge that the other street lights in the subdivision aze of a shoe- boxtype design customarily used in residential developments in Meridian, Idaho ("Staridazd Street Lights"), and that if the Edinburgh Place Subdivision had been annexed into Meridian at the tine of its initial subdivision these Standard Street Lights would have been dedicated to the City by the EP developer. 2. EP, or its assigns, agree to replace, repair, and provide any required maintenance of any of the above mentioned Non-Standard Street Lights, and /or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is fiu-ther agreed that EP, or its heirs, successors and assigns, shall keep the Non-Standard Street Lights operational at all times, it being understood by the City that bulbs, and/or ballasts, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City authorize and pay for the electrical service to be supplied to the Non-Standard Street Lights located in Edinburgh Place Subdivision in the usual and customary manner. 4. With respect to the Non-Standazd Street Lights, it is agreed that the City, because Idaho Power Company will not maintain the bulbs and ballasts or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. With respect to the Standard Street Lights, the Boazd of Directors of EP has detemuned that dedication and transfer of the Standazd Street Lights to the city does not diminish the security of any mortgagees on any lot or common area in the subdivision. The Board of Directors of EP hereby authorizes the President of EP to execute a deed dedicating said Standard Street Lights as well dedicating an easement to the City as city property. The City's execution of the Agreement and of said deed constitutes an acceptance of this dedication. From and after the effective date of this Agreement and regardless of the actual date of the official annexation of the Edinburgh Place Subdivision, the City shall be responsible to replace, repair and provide any required maintenance of the Standard Street Lights. This AGREEMENT shall be binding on EP it heirs, successors and assigns, and the CITY. Date this day of , 2005 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By ATTEST: William G. Berg, Jr., City Clerk Approved by Council on: STATE OF IDAHO ) County of Ada ss. Tammy de Weerd, Mayor On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WPTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMNIISSION EXPIItES: EDINBURGH PLACE OWNERS ASSOCIATION, an Idaho non-profit corporation By: a maj ority of the members of its Boazd of Directors /B/oard Me ber ~~%%/Yh/cL~ / ~. ~~ ~ ,Board Member Board Member Board Member Board Member ATTEST: Secretary STATE OF IDAHO } County of Ada ss. On this day of 2005, before me, the dersigned, a Notary Pub is in and for said State, personally appeared 1{ e b v-: -I- L . S,~w,.,.,,, ,,.s , lmown to me to be the Secretary of the Edinburgh Place Owners Association, and who executed the within instrument on behalf of said corporation, and aolrnowledged to me that a majority of the Board of Directors of said corporation executed the same. IN SS WHEREOF, I have hereunto set my hand and affixed my official seal the day a,,>~s'~gpe~ wntten. (SEAL) ?~ ~~.~RY = NOTARY PUBLIC FOR IDAHO RESIDING AT: to z-z-3 ~ ~~~~{ 1'UBL~G 4•..______..N~ rl~ 1.~~ September 1 b, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. S-.I REQUEST Addendum to the License Agreement to the North Slough Sanitary Sewer Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See aftCChed Date: Phone: _ Staff Initials: Materials presented al public meetings shall become property of fhe City of Meridian. ECEI~fE SEP 15 2005 City of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 09/15/2005 Re: Proposed Agenda Items for September 20, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the September 20 City Council agenda, under Consent Agenda, for Council's consideration. ~( 1. Addendum to the License Aareement for the North Slough Sanitary Sewer Project. An addendum to the license agreement with the North Slough Lateral Users Association for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the Addendum to the License Agreement for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility and authorize the Mayor to sign it. 2. Scoping Study for a Regional Sewage Pumping Station. Civil Survey Consultants, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $12,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18~' of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to investigate the feasibility of constructing a regional sewage pumping station to provide gravity sewer service to the area generally lying south of the current urban service planning area bounded by Cloverdale Road on the east; Columbia Road on the south; and McDermott Road on the west. • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Scoping Study for a Regional Sewage Pumping Station with Civil Survey Consultants, Inc. for $72,000 and authorize the Mayor to sign it. 3. Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Proiect. Additional work is required for the completion of the Black Cat Trunk Sewer Phase 1 Project. This change order consists of the following work: Additional pressure sewer installation and crossing at Five Mile Creek. • Additional valve on the waterline on Grey Towers Street. Miscellaneous additional reducers and bends for the water and sewer services that were added and removal of the existing 12" waterline located on Black Cat Road near the Castlebrook Subdivision during construction. Excavation to locate the pressure sewer pump out near utilities. Additional water services that were added to the project. Deeper gas main crossing for the 12-inch waterline on Franklin Road. Bodiford Construction, Inc. has done an exemplary job, on the Black Cat Phase 1 Trunk Sewer project and substantially completed the project over a month ahead of schedule. We would like to have them complete the remainder of the pressure sewer from Ustick Road to the WWTP. Bodiford Construction, Inc submitted Request for Change 15 to complete the remainder of the pressure sewer and the crossing at Five Mile Creek. The rest of Change Order No. 1 encompasses the volume of work that was added to the job during construction such as the addition of several water services, meter setters and sewer services. Bodiford Construction, Inc submitted a cost for this change order as summarized below: Bodiford Construction, Inc $280,281.32 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction, Inc. for $280,281.32 and authorize the Mayor to sign it. 4. Bear Creek Lift Station Upgrade. DC Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services using Civil Survey Consultants as a subconsultant. They propose to complete the work for $5,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18'h of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project generally consists of the design of new three-phase service, sizing, and design for replacing existing pump(s) and motor control. • Page 2 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Bear Creek Lift Station Upgrade with DC Engineering, Inc. for $5,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 3 RECORDING REQUESTED BYAND WIIENRECORDED RETURNTO: Moffat, Thomas, Barrett, Rock & Fields, Chartered 101 S CapitoZBoulevard, IOthFloor Post Office Box 829 Boise, Idaho 83701-0829 (Space Above For Recorder's Use) ADDENDUM TO THE LICENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE This Addendum to the License Agreement for City of Meridian North Slough Trunk Line ("Addendum") is entered into and made effective this day of 2005, by and among NORTH SLOUGH LATERAL USERS ASSOCIATION, a duly organized lateral ditch association, acting under the authority of Idaho Code section 42-1301, et seq. (the "Association"), whose address is 2685 W. Chinden Boulevard, Meridian, Idaho 83642; and the CITY OF MERIDIAN, a municipal corporation of the State of Idaho (the "City"), whose address is 660 East Watertower Lane, Suite 150, Meridian, Idaho 83642. WITNESSETH: WHEREAS, the City and the Association previously entered into a License Agreement for City of Meridian North Slough Trunk Line which was recorded with the Ada County Recorder on April 12, 2005, as Instrument No. 105044010 (the "License Agreement"); WHEREAS, the License Agreement granted a license to the City for the purposes of constructing, owning, operating, and maintaining atwenty-one inch (2l ") sewer line which ADDENDUM TO THE LICENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 1 a01_MT2:590379.1 t crosses the North Slough No. 1 Lateral at various locations within the proposed Ventana Subdivision and the proposed Saguaro Canyon Subdivision; WHEREAS, the City now desires an additional license in order to construct, own, operate, and maintain a continuation of the twenty-one inch (21 ") sewer line, which will run parallel to and within the Association's easement and right-of--way for the North Slough No. 1 Lateral, at the location depicted in Exhibit A -Vicinity Map, attached hereto and made a part hereof, as depicted in the plans, maps, drawings and notes listed on Exhibit B, attached hereto and made a part hereof; WHEREAS, the Association desires to grant the additional license to the City for the sewer line encroachment; NOW, THEREFORE, in consideration of the promises and the mutual benefits, representations, covenants, undertakings, and agreements hereinafter contained and for good and valuable consideration received by the parties, which consideration and the sufficiency thereof is hereby acknowledged by the parties hereto, the Association and the City represent, covenant, undertake, and agree as follows: 1. Grant of Additional License. The Association hereby grants an additional license to the City for purposes of constructing, owning, operating, and maintaining atwenty-one inch (21 ") sewer line, which will run parallel to and within the Association's easement and right- of-way for the North Slough No. 1 Lateral, at the location depicted in Exhibit A, in accordance with and as depicted in the plans, maps, drawings and notes listed on Exhibit B. 2. Intention and Modification. Except to the limited extent hereby amended, the License Agreement and exhibits thereto shall remain effective in accordance with ADDENDUM TO THE LICENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 2 BOI_MT2:590379.1 its terms and conditions. The License Agreement, this Addendum, and the exhibits to this Addendum constitute the final and entire expression of the parties hereto and shall supersede all prior agreements, letters, and understandings, either oral or written, regarding the City of Meridian North Slough Trunk Line, and may only be amended by a written agreement signed by the parties hereto. 3. Professional Fees. The City agrees to promptly pay all legal expenses incurred for the benefit of the Association relating to the negotiation, preparation, and execution of this Addendum. It is expressly agreed that the Association shall not be responsible for the payment of said costs or fees. 4. Governing Law. This Addendum shall be construed under and governed by the laws of the State of Idaho. Notices. All notices, demands, requests, and other communications under this Addendum shall be in writing and shall be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed or, when sent by mail, three (3) days after deposit in the United States mail, postage prepaid, addressed as follows: NORTH SLOUGH LATERAL USERS ASSOCIATION P2685 W. Chinden Boulevard Meridian, Idaho 83642 CITY OF MERIDIAN 660 East Watertower Lane, Suite 150 Meridian, Idaho 83642 Each party may change its address for delivery by written notice in the manner provided herein. ADDENDUM TO THE LICENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 3 BOI_MT2:59D379.7 6. Recording. This Addendum shall be recorded upon execution in the office of the county recorder for each county in which any portion of the land covered by the Addendum is located. IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed to this Addendum of the date first set forth above. CITY OF MERH)IAN By. Attest: City Clerk Attest: Josh Janicek, Vice-President NORTH SLOUGH LATERAL USERS ASSOCIATION Michael Myers, President name) ADDENDUM TO THE LICENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 4 BOI_MT2:590379.1 STATE OF IDAHO ) ss. County of ) On this day of , 2005, before me, the undersigned Notary Public in and for said state, personally appeared , known or identified to me to be the of CITY of MERIDIAN, the person who executed the instrument on behalf of the CITY OF MERIDIAN, and acknowledged to me that CITY OF MERIDIAN, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR Residing at My Commission Expires STATE OF IDAHO ) ss. County of Ada ) On this day of , 2005, before me, the undersigned Notary Public in and for said state, personally appeared MICHAEL MYERS known or identified to me to be the President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person who executed the instrument on behalf of the NORTH SLOUGH LATERAL USERS ASSOCIATION, and acknowledged to me that NORTH SLOUGH LATERAL USERS ASSOCIATION executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires ADDENDUM TO THE LICENSE AGREEMENT FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 5 eoi_n+rzssoars.i STATE OF IDAHO ) ss. County of Ada ) On this day of , 2005, before me, the undersigned Notary Public in and for said state, personally appeared ao5H JANICEK known or identified to me to be the Vice-President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person who executed the instrument on behalf of the NORTH SLOUGH LATERAL USERS ASSOCIATION, and acknowledged to me that NORTH SLOUGH LATERAL USERS ASSOCIATION executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires ADDENDUM TO THE LICENSE AGREEMENT FOR CITY OF MERH)IAN NORTH SLOUGH TRUNK LINE- 6 BOI MT2:590379.1 l EXHIBIT A Vicinity Map EXHIBIT A BOI MT2:590379.1 {- !; # ~ ~ _. . , . i .._..} I , I I. ...._ .. i I ~ ~, `~ ' i ~ - I '-- ~$ i I ~~~ ~ ~~ J ~ ~ ~~!1 _ - i I ~ "UU I- ~ ~ ~ i I ~ ~ '~ r 1~ m .. .. _..___. ' _ .._.. MERIOI a ~ ._ ~... _.. .I t I g _ _ I ~~ ;~ r ~ ~ I._ I Im ~ I Z ,~ ~ ~ i . _. _ ~ - i _ i ~i ~ ~ ® ~y 3 h O q 4] i _.__ .._ _ ._ _ - _. .... ._.. ... _...` ~ ' I -_ _.... ._. .._. P O ~ ~ °z b I I ~ I i I ~ o -. j < I ~ ~ m ~~ ~s w]]s P+i9 ~ ' - ~..__ - _..- ... ~ .. . Z ..._. . ~ ~` .. - _ {~LOC i BTJG_ROVF.R_ i ._ ,__ _ - ~ ~ _ . _ , .., ._...,.. I ~ /,. EXHIBIT B Plans and Specifications Please refer to the following plans prepared by Keller Associates, for the City of Meridian North Slough Trunk Line, Project No. 103083: General Information, Sheet G-1, dated 2/2/05 General Notes, Sheet G-2, dated 2/2/05 Standard Details, Sheet G-3, dated 2/2/05 Key Map, Sheet G-4, dated 2/2/05 Details, Sheets D-1 and D-2, dated 2/2/05 Plan & Profile, Sta. 82+00 to 91+00, Sheet PP-10, dated 2/2/05 Plan & Profile, Sta. 91+00 to 100+00, Sheet PP-11, dated 2/2/05 EXHIBIT B 601 MT2:590379.7 September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. S-K REQUEST Scoping Study for a Regional Sewage Pumping Station with Civil Survey Consultants, 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: 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 attached Date: Phone: Staff Initials: Matedgls presented of public meeMngs shall become propedy of The City of Meridian. -City of Mer idi an Publ ic Wor ks De pt. Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 09/15/2005 Re: Proposed Agenda Items for September 20, 2005 City Council Meeting ~~~;f~ ~ Ea ~ljlj~ City of Meridian City Clerk Office The Public Works Department respectfully requests the following items be placed on the September 20 City Council agenda, under Consent Agenda, for Council's consideration. An addendum to the license agreement with the North Slough Lateral Users Association for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility has been received by the Public Works Department. Recommended Council Action: The Public Works Department recommends that City Council approves the Addendum to the License Agreement for the two locations where the sewer line will be crossing a North Slough Lateral Users Association facility and authorize the Mayor to sign it. 2. Sconina Studv for a Regional Sewaae Pumoing Station Civil Survey Consultants, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $12,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18'h of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to investigate the feasibility of constructing a regional sewage pumping station to provide gravity sewer service to the area generally lying south of the current urban service planning area bounded by Cloverdale Road on the east; Columbia Road on the south; and McDermott Road on the west. • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Scoping Study for a Regional Sewage Pumping Station with Civil Survey Consultants, Inc. for $12,000 and authorize the Mayor to sign it. 3. Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Proiect Additional work is required for the completion of the Black Cat Trunk Sewer Phase 1 Project. This change order consists of the following work: • Additional pressure sewer installation and crossing at Five Mile Creek. • Additional valve on the waterline on Grey Towers Street. • Miscellaneous additional reducers and bends for the water and sewer services that were added and removal of the existing 12" waterline located on Black Cat Road near the Castlebrook Subdivision during construction. • Excavation to locate the pressure sewer pump out near utilities. • Additional water services that were added to the project. • Deeper gas main crossing for the 12-inch waterline on Franklin Road. Bodiford Construction, Inc. has done an exemplary job on the Black Cat Phase 1 Trunk Sewer project and substantially completed the project over a month ahead of schedule. We would like to have them complete the remainder of the pressure sewer from Ustick Road to the WWTP. Bodiford Construction, Inc submitted Request for Change 15 to complete the remainder of the pressure sewer and the crossing at Five Mile Creek. The rest of Change Order No. 1 encompasses the volume of work that was added to the job during construction such as the addition of several water services, meter setters and sewer services. Bodiford Construction, Inc submitted a cost far this change order as summarized below: Bodiford Construction, Inc $280,281.32 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 7 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction, Inc. for $280,281.32 and authorize the Mayor to sign it. 4. Bear Creek Lift Station Uograde. DC Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services using Civil Survey Consultants as a subconsultant. They propose to complete the work for $5,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18"' of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project generally consists of the design of new three-phase service, sizing, and design for replacing existing pump(s) and motor control. • Page 2 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Bear Creek Lift Station Upgrade with DC Engineering, Inc. for $5,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 3 CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 05036 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of 2005. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client desires to perform a scoping study to evaluate the feasibility of construction of a regional sewage pumping station neaz Mason Creek and the Ada/Canyon County boundary, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT'S requhrements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as maybe available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated September 14, 2005. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated September 14, 2005. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian Civil Survey Consultants, Inc. 33 E. Idaho Avenue 100 South Adkins Way, Suite 101 Meridian, Idaho 83642 Meridian, Idaho 83642 /~y~~ ~,~ NAME: Timothy A. Burgess, Vice President TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: WO-05036 1 of 3 9/14/2005 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL -CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any parry involved in the Project other than their own. CSC shall not be responsible for failure of any conh'actor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Conhractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary Featly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warrarities expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or conshuction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. .OPINIONS OF COST -CSC maybe asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or wattanty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS -CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to~indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW -Unless otherwise provided iu an addendum, the law. of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS -CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS -CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and WO-05036 2 of 3 9/14/2005 expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in additon, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all unomrts due for services, expenses and charges. TERMINATION -The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for-services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS -The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or reinediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. hr addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from airy claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION -All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-bhnding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or ether mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial formns. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due.. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, respondingto interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT -This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement maybe amended only by written instrument signed by both CLIENT and CSC. WO-05036 3 of 3 9/14/2005 ~ ~ Glenn K. Bennett, P.L.S. President TimotUy A. Burgess, P.E. Vice President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 September 14, 2005 Len Crrady, PE City Engineer City of Meridian 660 E. Watertower Meridian, ID 83642 Re: Mason Creek -Regional Sewage Pumping Station Dear Len: Thank you for considering Civil Survey Consultants to provide professional services to prepare a Scoping Study to evaluate the feasibility of construction of a regional sewage pumping station near Mason Creels and the Ada/Canyon County boundary. We propose to provide these services based upon the following scope of services: The City of Meridian desires to investigate the feasibility of constructing a regional sewage pumping station to provide gravity sewer service to the area generally lying south of the current urban service planning area bounded by Cloverdale Road on the east; Columbia Road on the south; and McDermott Road on the west. This Scoping study will include the following tasks: 1. Select a location on Mason Creek that will provide the maximum sewer service area. 2. Establish a service area boundary and establish the number of "Equivalent Residential Units" (ERU's) that maybe served based upon an average density of 3.2 ERU's per acre. 3. Establish a design population using an average of 2.85 people per ERU. 4. Establish a design average daily flow using an average of 80 gallons/person/day. 5. Establish a peak flow rate for design based upon a peaking factor as per the 10-States Standards. 6. Establish the shortest force main route from the proposed lift station site to the Black Cat Trunk line located in Black Cat Road, and extended to I84, following existing roadways. 7. Establish a preliminary pump station and force main size based upon a triplex, dry-pit type, pump station with each pump, operated by a variable frequency drive and sized to handle the peak flow. 8. Establish a list of conditions that would need to be met to provide an annexation path for new development to occur within the City of Meridian and be served by this pumping station. 9. Prepare a preliminary opinion of cost for the pumping station and force main along with any gravity trunk lines necessary to reach property annexable and developable within the service area. Crrady September 14, 2005 Page 2 of 3 10. Determine the Capital Recovery Cost per ERU based upon constructing 1000 homes per year within the service area for five years paying for the lift station, force main and gravity trunk line capital investment. Some of the potential service area for the Mason Creels Pumping Station is also being considered for sewer service by a new treatment facility proposed by the City of Kuna. The actual site for the treatment facility has not been established at this time, other than it will be located within a corridor along Mason Creek between Ten Mile Road and McDermott Road. Kwia has established that a gravity sewer collection point for their system will be located at the intersection of Ten Mile Road and Lake Hazel Road and wastewater will flow westward from this point to the final treatment plant location. Kuna's desperate need for additional treatment plant capacity has created a situation where their planning effort has not included adequate opportunity for Meridian's input. The City of Meridian would like to consider assisting Kuna with their sewage treatment demands on an interim basis until a facility plan can be developed for this area that addresses the needs of both communities. Therefore, Meridian would like to evaluate the impact to the Mason Creek Pumping Facility if it were to accept flows from Kuna on an interim basis until the year 2020. To accomplish this goal, this study shall also consider the following: 1. Kuria currently has capacity to serve 4,944 ERU's with plans to add capacity to their existing treatment facility to serve an additional 900 ERU's by 2006. The flow from these 5,844 ERU's will be treated at their existing treatment facility south of Kuna. Kuna is planning to construct the new treatment facility north of Kuna within the Mason Creels Pumping Station service area with capacity to an additional serve 8,400 ERU's (24,000 people) by 2010. Plant capacity is scheduled to be increased by an additional 8,400 ERU's (24,000) people by 2020. 2. This scoping study will include an analysis to see what impact there will be to the pump station sizing if it were to accept the planned flow from Kuna's system of 8,400 ERU's by 2010 and an additional 8,400 ERU's by 2020. The purpose of this analysis is to provide service to Kuna on an interim basis via this pump station to the existing Meridian Wastewater Treatment Facility to allow time to master plan service to this area and establish service area boundaries between Kuna and Meridian before a new regional treatment facility is constructed. This analysis assumes that Meridian's Treatment Facility has, or will have, sufficient capacity to handle the flow from 16,800 ERU's (48,000 people) unti12020. This planning effort will be conducted independent of the City of Kuna and their consulting engineer. The City of Meridian will provide the following items as necessary for the Consultant to complete this study: 1. Copies of all current sewage facility plans and maps for the service area. 2. Copies of recent bid tabulations for maj or pump station and transmission line projects in Meridian. ~_ ,. Grady September 14, 2005 Page 3 of 3 Electronic copies of the Ada County digital ortho photographs with contours for the area bounded by Pine Street on the North, Cloverdale Road on the East, Deer Flat Road on the South and McDermott Road on the West. 4. Any other information or studies that may assist in this evaluation. The above work will be provided on a fime and materials basis according to the attached prevailing fee schedule with a not to exceed amount of $12,000 without written approval of Meridian. The above work will be completed within 30 calendar days from receipt of a signed professional agreement and notice to proceed from the City of Meridian. If the proposed scope of services and fee estimates are acceptable, please sign and, return one copy of the enclosed Agreement for Professional Services. Again, thank you for considering Civil Survey Consultants for this project. Sincerely, ~~~~ Tim Burgess, P.E. Vice President Enc. ,~ ( ~ Civil Survey Consultants, Inc. Glenn K. Bennett, P.L.S. President 100 South Adkins Way Suite 101 Timothy a. Bur;ess, P.B. ~ Meridian, Idaho 83642 Vice President CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2004 Labor: Project Manager - $ 100.00 per hour Chief of Surveys - $ 100.00 per hour Project Engineer - $ 85.00 per hour Design Engineer 1 - $ 75.00 per hour Design Engineer 2 - $ 70.00 per hour Design/Survey Technician 1 - $ 65.00 per hour Design/Survey Technician 2 - $ 60.00 per hour Direct Expenses: GPS - $ 40.00 per hour Vehicle 2-Wheel Drive - $ No Charge Vehicle 4-Wheel Drive - $ No Charge Outside Printing - $ Cost Long Distance Telephone - $ Cost Sub-Consultants - $ Cost (208) 888-4312 Fax 888-0323 Civil Survey Consultants reserves the right to change or modify this fee schedule at any time subject to approval of the client. -_( ~~ September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. S-L REQUEST Change Order No. 7 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction, Inc. 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: Date: Phone: Emailed: Staff Initials: Materlala presented at publle meelinys shall become property of the City of Meddlan. Recommended Council Action: that City Council approves the Sewage Pumping Station with authorize the Mayor to sign it. The Public Works Department recommends contract for the Scoping Study for a Regional Civil Survey Consultants, Inc. for $12,000 and 3. Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Proiect Additional work is required for the completion of the Black Cat Trunk Sewer Phase 1 Project. This change order consists of the following work: • Additional pressure sewer installation and crossing at Five Mile Creek. • Additional valve on the waterline on Grey Towers Street. • Miscellaneous additional reducers and bends for the water and sewer services that were added and removal of the existing 12" waterline located on Black Cat Road near the Castlebrook Subdivision during construction. • Excavation to locate the pressure sewer pump out near utilities. • Additional water services that were added to the project. • Deeper gas main crossing for the 12-inch waterline on Franklin Road. Bodiford Construction, Inc. has done an exemplary job. on the Black Cat Phase 1 Trunk Sewer project and substantially completed the project over a month ahead of schedule. We would like to have them complete the remainder of the pressure sewer from Ustick Road to the WWTP. Bodiford Construction, Inc submitted Request for Change 15 to complete the remainder of the pressure sewer and the crossing at Five Mile Creek. The rest of Change Order No. 1 encompasses the volume of work that was added to the job during construction such as the addition of several water services, meter setters and sewer services. Bodiford Construction, Inc submitted a cost for this change order as summarized below: Bodiford Construction, Inc $280,281.32 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction, Inc. for $280,281.32 and authorize the Mayor to sign it. 4. Bear Creek Lift Station Upgrade. DC Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services using Civil Survey Consultants as a subcensultant. They propose to complete the work for $5,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18r' of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project generally consists of the design of new three-phase service, sizing, and design for replacing existing pump(s) and motor control. • Page 2 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Bear Creek Lift Station Upgrade with DC Engineering, Inc. for $5,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 3 CHANGE ORDER NO. 1 DATE OF ISSUANCE OWNER Cilv of Meridian CONTRACTOR Badiford Construction. Inc. Contract: Black Cat Trunk Sewer, Phase 1 Project: Black Cat Trunk Sewer. Phase 1 OWNER's Contract No. N/A ENGINEER You are directed to make the following changes in the Contrac Description: This change order consists of the following work: EFFECTIVE ENGINEER's Contract No. No. 1 • Additional pressure sewer installation and crossing at Five Mile Creek. • Additional valve on the waterline on Grey Towers Street. • Miscellaneous additional reducers and bends for the water and sewer services that were added and removal of the existing 12" waterline located on Black Cat Road near the Castlebrook Subdivision during construction. • Excavation to locate the pressure sewer pump out near utilities. Additional water services that were added to the project. • Deeper gas main crossing for the 12-inch waterline on Franklin Road. Reason for Change Order: Miscellaneous requests for change were incorporated into this project and the pressure sewer and associated Five Mile Creek crossing are being added into the project. Attachments: (List documents supporting change): Faxed estimates from Badiford Construction, Inc. and spreadsheet from City of Meridian summarizing the miscellaneous changes chat are incorporated into this change order. CHANGE IN CONTRACT PRICE: Original Contract Price $ 2.869.919.60 Netlncrease(Decrease)from previous Change Orders No. 0 to 0 $ 0 Contract Price prior to this Change Order: $ 2.869.919.60 Net increase (decrease)ofthis Change Order: $ 280.281.32 Contract Price with all approved Change Orders: $ 3.150.200.92 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) ACCEPTED: By: By: Clint Dolsby, Staff Engineer Contractor APPROVED: ATTEST: By: By: Tammy de Weerd, Mayor William G. Berg, Jr. City Clerk Date: Date: Date: Date: Approved by City Council: EJCDC 19'10-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construcllon Speclfica[ions Institute. BOD,IFORD CONSTRUCTION, INe. 8975 W. STATE Sx. ~t4, BOTSE, IDnt[o 83714 REQUEST FOR CHANGE T0~ Clint Dolshy City of Meridian fi60 E. Watertower I,n. Ste 200 Meridian,, Idaho 83642 Fram: Jerald O. Taylor Project: Back Cat Trunk Sewer, Phase I Subject: Phase 2 Pressure Sewer Dare: 9/12105 ~C ~~5 Asrequeeted we are providing pricing for the addition of approz 1300I.F of J.0" & 18"pressure sewer from Ustick IZd to the sewer treatment plant off Ten 11ti.ie. Import Trench Backtill Surf Restoration Nat Ground P, Sewer bend - 16" P. Sewer Bend - 10" P. Sewer pipe - 18" P. Sewer pipe - 10" Mobilization Connect to Exist P Swr R&R Fence R&R Culvert P, Sewer Cleanout MH Five Mile Creak Crosing Open Trench Five Mile Creek Crosing Bore 500 CY 10.00 5,000.00 1292 LF 3.00 3,876.00 8 EA 2,400.00 19,200.00 8 EA 1,150.00- 9,200.00 1362 LF 37.00 50,394.00 T362 LF 23.00 31,326.00 1 LS 22,000.00 22,000.00 4 EA 2,900.00 11,600.00 279 LF 10.00 2,790.00 25 LF 38.00 950.00 1 EA 5,800,00 5,800.00 167,136.00 1 LS ~ 62,000.00 _ fi2,OD0.00 229,136.00 1 LS 76,509.00 76,509.00 243,645.00 ~~ Fraud Farmers wi[h OSktA css 7,:\-041'roject510419 - B1uckCat'ISvnk Scwgr~RFC l5,doc PH: (208)853-5378 Fax: (208)853-5381 898.9551 Black Cat Trunk Sewer -Phase 1 Project Miscellaneous Requests for Change em escnp ion m y m nce o a nce RFC 4 -Cut in valve LS 1.00 $2,111.82 $2,111.82 RFC 5.1 - 10" x 8" Reducer EA 1.00 $850.00 $850.00 RFC 5.2 - 12" Bends EA 26.00 $950.00 $24,700.00 RFC 5.3 -Remove 12"Waterline LF 275.00 $5.00 $1,375.00 RFC 8 - T8M Digging at Pressure Sewer Pump Out LS 1.00 $540.00 $540.00 RFC 11.1 -Cost Estimate for additional 1" Water Service EA 6.00 $383.99 $2,303.94 RFC 11.2 -Cost Estimate for additional 2" Water Service EA 8.00 $1,495.57 $11,964.56 RFC 14 -Extra Depth at 12" Waterline gas main crossing EA 1.00 $7,300.00 $7,300.00 Total Miscellaneous Project Requests for Change $51,145.32 BODIFORD CONSTRUCTION, INC. 8975 W. STATE $T. #4, T3OISR_. 1nAri~ $3774 REQUEST FOR CHANGE To~ Clint Dolsby City of Meridian 660 E. Watertower Ln. Ste 200 Meridian, Idaho 83642 From: Jerald O. Taylor Project: Black Cat Trunk Sewer, Phase I Subject: Cut in Valve on existing Waterline Date: 1/18/05 PH: (2081853-5378 FAx:(20R)853-5381 RFC #4 Cut in a new valve on the existing line on Grey Towers to allow the water line on Black Cat Rd to be isolated and shut off. Original plan showed this waterline being installed under this contract -this would have allowed the waterline to be installed after the trunk sewer. The water main needed to be shut offtn nrevent a catastrnnhe when the waterline fell in fo the ditch for the trunk sewer. ivie,cr iaia - u rv r aoo a Markup on Materials Excavator & Operator Loader & Operator Labor Superintendent Please give me a call if you have any questions. o, J 20% on 888.39 177.68 5 HR 75.00 375.00 1 HR 75.00 75.00 9.5 HR 42.50 403.75 4 HR 48.00 192.00 $ 2,111.82 Response: Date: UOM Unit Price Extension C:IBODIFORD\-04 Projects\0419 - BlackCat Trunk SewerlRFC 04.doc ~~BODIFORD CONSTRUCTION, INC. 8975 W. Srnre Sr. #4, Botss, IDAHO 837 ] 4 Pit: (208) 853-5378 REQUEST FOR CHANGE To: cunt Dolsby City of Meridian 660 E. Watertower Ln. Ste 200 Meridian, Idaho 83642 Fax: (208) 853-5381 From: Jerald O. Taylor Project: Black Cat Trunk Sewer, Phase I Subject: WCD #01 -sewer & water stubauts R Fr #5 Date: 1 /18/05 Work Change Directive #O1 on 1/6/05 made several changes to the water and sewer stubouts for services as well as the redesign of the gravity sewer north of the lift station. These various changes will result in additional cost to the contract. Some of the items will simply be quantity changes to existing bid items and some will require a change order for a new pay item. We are in the process of sorting out all of the changes and will keep you informed of"our added costs as soon as possible. ~` Item #8 -Add 1"connection at 39+80 -This requires a hot tap -use existing bid item for hot tap 12" main. Other items use regular bid items. Item #14 - Upsize south stubout Sta 103+85 -This requires the use of a 12x10 cross and a 10x8 reducer -Add an item for 10x8 reducer 1 @ $850.00 Each Item #19 - NB revised plans Relocation of 12" waterline at Ten Mile Creek requires the following: - Addition of 12"Bend -- $950 each - Removal of existing wat line -- $5 per LF Relocation of Pressure Sewer Mains `~ Relocation of Gravity Sewer Mains Except for the above three items that require a new pay item, the remainder of the items in WCD Ol are either additional quantifies to existing bid items or just relocated items. e g' e me a call ifyou have any questions. ou, J C:\BODIFORD\'04 Projects10419 - BlackCat Trunk Sewer\RFC 05.tloc BODIFORD CONSTRUCTION, INC. 4~i'~3'~V. STATE S'r. #4, BOISE,IDAHO 83714 PH: (208)853-5378 FAX: (208)853-5381 REQUEST FOR C~-IANGE To: Clint Dolsby City of Meridian 660 E. Watertower Ln. Ste 200 Meridian, Idaho 83642 From: Jerald O. Taylor Project: Black Cat Trunk Sewer, Phase I Subject: T&M Digging at pump out Date: 3/31/05 ~C #g Time and material excavation around utilities for location of pressure sewer pump out. Bodiford was directed to locate the pumpout in conflict with the existing phone lines. Cost is for the additional excavation to expose the phone lines far enough back in both directions to allow slack in the phone lines to place the pump out in the middle. Description ~ quantity UOM Unit Price ~ Extension Excavator & Operator ~ 5.5 HR 75.00 412.50 Labor 3 HR 42.50 127.50 Superintendent HR 48.00 - $ 540.00 Please give me a call if you have any questions. Date: C:\BODIFORD\-04 Projec[s\0419 - BlackCat Trunk Sewer\RFC OO.doc (~ j' BODIFORD CONSTRUCTION, INC. 8975 W. STATE ST. #4, BOISE, IDAHO 83714 PH: (208) 853-5378 REQUEST FOR CHANGE To: Clint Dolsby City of Meridian 660 E. Watertower Ln. Ste 200 Meridian, Idaho 83642 FAX: (208)853-5381. From: Jerald O. Taylor Project: Black Cat Trunk Sewer, Phase I subject:. Change to standard service drawing ~C # 11 Date: 4/5/05 WCD 02.9 directs us to change from the details in the plans for 1"and 2" water services to the standard City of Meridian detail for services. The standard drawing requires additional materials and results in a cost in addition to the original bid item for service connections as follows: 1" service per Dwg 7.05(w) -- ADD t> e~e1$t~+.i 2" service per Dwg 7.06(w) -- ADD ro ax1~e~ UOM Unit Price Extension j~ 1 EA 1,495.57 1,495.57 $ 1, 879.56 Please give me a call if you have any questions. Response: Date: C:~BODIFORD4-04 Projects10419- BlackCat Trunk SewerV2FC 11.doc i BODIFO,RD CONSTRUCTION. INC. 8975 W. STATE ST. #4, BOTSP;., IDAHO 83714 PH: (208) 853-5378 Fax: (208) 853-5381 REQUEST FOR CHANGE T~~ Clint Dolsby City of Mericliazt 660 E. Watertower Ln, Ste 200 Meridian, Idaho 836G2 From: Jerald O. Taylor Prc!leCf~. Black Cat Trunk Sewer, Phase I Subject; Waterline WNWP crossing Datc; $/18/0$ 898-9551 RFC #14 We have been informed by Wiliiams that we cannot cross over one gas line and under the other as instnucted on the plans. Xou have directed us to install the pipeline as instructed by 4VNVirP and go under both of the gas lines. 't'his change wiil beat an additional cost as shown below for each crossing. - Description OUantlry UOM Unlt Prlce Extension 12" bends 4 EA 950.00 3,800.00 Additional depth under gas mains 1 EA 7 300.00 7,300.00 $ 11,100.00 any questions. Z9-0A Projec1310419 - BlackCat Tnmk Sewc+rlRFC 14.doc September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. S-M REQUEST Bear Creek Liff Station Upgrade with DC Engineering, 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: 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 attached 4x~,y Date: Phone: Staff Initials: J Matedals presented at public meeHnps shall become property of the City of Meridian. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Scoping Study for a Regional Sewage Pumping Station with Civil Survey Consultants, Inc. for $12,000 and authorize the Mayor to sign it. 3. Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Project Additional work is required for the completion of the Black Cat Trunk Sewer Phase 1 Project. This change order consists of the following work: • Additional pressure sewer installation and crossing at Five Mile Creek. • Additional valve on the waterline on Grey Towers Street. • Miscellaneous additional reducers and bends for the water and sewer services that were added and removal of the existing 12" waterline located on Black Cat Road near the Castlebrook Subdivision during construction. • Excavation to locate the pressure sewer pump out near utilities. • Additional water services that were added to the project. • Deeper gas main crossing for the 12-inch waterline on Franklin Road. Bodiford Construction, Inc. has done an exemplary job. on the Black Cat Phase 1 Trunk Sewer project and substantially completed the project over a month ahead of schedule. We would like to have them complete the remainder of the pressure sewer from Ustick Road to the WWTP. Bodiford Construction, Inc submitted Request for Change 15 to complete the remainder of the pressure sewer and the crossing at Five Mile Creek. The rest of Change Order No. 1 encompasses the volume of work that was added to the job during construction such as the addition of several water services, meter setters and sewer services. Bodiford Construction, Inc submitted a cost for this change order as summarized below: Bodiford Construction, Inc $280,281.32 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Black Cat Trunk Sewer Phase 1 Project with Bodiford Construction, Inc. for $280,281.32 and authorize the Mayor to sign it. 4. Bear Creek Lift Station Uograde DC Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services using Civil Survey Consultants as a subconsultant. They propose to complete the work for $5,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18'~ of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project generally consists of the design of new three-phase service, sizing, and design for replacing existing pump(s) and motor control. • Page 2 Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Bear Creek Lift Station Upgrade with DC Engineering, Inc. for $5,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 3 DC Engineering, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. Meridian Bearcreek Lift Station Upgrade THIS AGREEMENT between the City of Meridian ,hereinafter referred to as the "CLIENT" and DC Engineering, PC., an Idaho Corporation, hereinafter referred to as "DCE" is made and entered into this day of September 20, 2005. The CLIENT and DCE in consideration of their mutual covenants herein agree as set forth below. The Client intends to provide three-phase power to replace the existing single-phase service. This project generally consists of the design of new three-phase service, sizing and design for replacing existing pump(s) and motor control. See attached document for more complete outline of services, which hereinafter are to be referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to DCE a full and complete description of the PROJECT including; all design criteria, information as to CLIENT'S requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will obtain permission for DCE to enter upon public and private property as required for DCE to perform services under this Agreement. SERVICES TO BE PERFORMED BY DCE DCE will provide the following generally described services under this Agreement: See attached. BASIS OF FEE AND BILLING SCHEDULE The Client will pay DCE for services provided under this Agreement as follows: See attached. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. WO 1 of 4 9/15/2005 CLIENT: City of Meridian ADDRESS: 660 E Water Tower Suite 200 Meridian, Idaho 83642 DC Engineering, PC. 440 Meridian, ID Suite 103 Meridiay~ Idaho 83642 Jon Goranson, PE ?: Vice President BY: Tammy de Weerd TITLE: Mayor WO 2 of 4 9/15/2005 DC Engineering, INC. TERMS AND CONDITIONS GENERAL -DCE shall provide for CLIENT professional engineering services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. DCE makes no other warranty eitherexpressed or implied. DCE shall not be responsible for acts or omissions of any party involved in the Project other than their own. DCE shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendafions issued by DCE. DCE has not been retained to supervise, direct or have control over Contractor's work. DCE specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) famishing and performing their work. Accordingly, DCE can neither guazantee the perfom~ance of the construction contracts by Contractor(s) nor assume responsibility fox Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. Should the CLIENT request that DCE modify any PROJECT aspect to reduce constmction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS -DCE shall retain an ownership interest of all professional products prepared by DCE. The CLIENT agrees that no product will be reused without specific written permission of DCE. The CLIENT agrees to indemnify and hold DCE harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by DCE for the PROJECT. GOVERNING LAW -Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS -CLIENT and DCE each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and DCE are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be constmed to give any rights or benefits in this Agreement to anyone other than CLIENT and DCE, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and DCE and not fox the benefit of any other party. TIMES OF PAYMENTS -DCE shall submit monthly statemehts for services.xendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due DCE for services and expenses within thirty (30) days after receipt of DCE's statement therefor, the amounts due DCE will be increased at the rate of 1.5% per month from said tenth day, and in addition, DCE may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until DCE has been paid in full all amounts due for services, expenses and chazges. TERMINATION -The obligation to provide further services under this Agreement maybe terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other parry under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the temrnrating party. If this Agreement is temrinated by either party, DCE shall be paid for services rendered and for reimbursable expenses incurred to the date of such temvnatron. HA7ART)OUS WASTE AND ASBESTOS -The CLIENT and DCE agree that the work covered in this Agreement does not anticipate either the presence of remediatron of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. DCE and the CLIENT, agree that the discovery of unanticipated hazazdous materials constitutes a changed condition mandating a renegotiation of the scope of work or temunatron of services. DCE and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for DCE to take immediate measures to protect human health and safety, and/or the environment. DCE agrees to notify the CLIENT as soon as practically possible should unanticipated hazazdous materials or suspected hazardous materials be encountered. The WO 3 of4 9/15/2005 CLIENT encourages DCE to take any and all measures that in DCE's professional opinion aze justified to preserve and protect the health and safety of DCE's personnel and the public, and/or the environment, and the CLIENT agrees to compensate DCE for the additional cost of such work. In addition, the CLIENT waives any claim against DCE, and agrees to indemnify, defend and hold DCE hamiless from any claim or liability for injury or loss arising from DCE's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate DCE for any time spent and expenses intoned by DCE in defense of any such claim, with such compensation to be based upon DCE's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION -All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed altemative dispute resolution technique. The CLIENT and DCE agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forams. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, maybe due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with atfomeys and others, preparing for deposifions, responding to interrogatories, and so on. The value of three spent and the expenses incurred shall, on DCE's part, be computed based upon DCE's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTE_ NT OF AGREEMENT -This Agreement represents the entire and integrated agreement between the CLIENT and DCE and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement maybe amended only by written instmment signed by both CLIENT and DCE. WO 4 of4 9/15/2005 ~~ ` ENG/NL:"ER/NG September 12, 2005 Mr. ClintDolsby City of Meridian Public Works 660 E Water tower Suite 200 Meridian, ID 83642 Subject: Meridian Wastewater Treatment Plant Generator Study Mr. Dolsby, r' t 440 E. Corporate Drive Sui[e 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax: 208.288.2182 T1~ank you very much for the opportunity to propose on the Bear Creek Lift Station project. The following is our proposed Scope of Service based on the infomtatidn that you have provided to us. ProjeM Understanding We understand that this project will include the installation of larger pumps that will be specified by Tim Burgess of Civil 5uivey. "The new electrical service will be evaluated to provide the most cost effective means of supplying power to the lift station. Electrical Engineering • Coordinate pump requirements and specifications with Civil Survey. • Determine the Electrical Service requirements. • Evaluate Electrical Service to be fed from Bear Creek Pump Station, or other methods based on reliability and cost. • Complete load study of generators to assure adequate capacity. Deliverables • 90%reviewdocuments • Construction documents incorporating review comments. Schedule • DC Engineering has a capable staff that can start immediately. It is anticipated to take approximately 1 week to develop 90% review documents once authorization to proceed has been given. The project will be performed on time and material basis not to exceed $5,000 (Five Thousand Dollars). Civil Survey fees will be passed through with no mark up, and is included in the above listed fee. Services will be billed per our standard rate of compensation as follows: DC Engineering • Principal Engineer, PE: $95 per hour • Project Manager: $90 per hour • Engineer: $80 per hour • Designer: $70 per hour • Drafting: $50 per hour • Clerical: $35 per hour • Reimbursable expenses will be billed at cost p1us10 percent. (For example: reproduction drawings, shipping expenses, etcetera) Thank you again for the opporhuuty to work with you. If you have any questions, or require additional information, please do not hesitate to ask Sincerely, Accepted by: DC ENGINEERING, P.C. Clay Bingham Printed Name Project Manager Title Date DC Engineering September 1 b, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT September 20, 2005 ITEM NO. S-N REQUEST Waterline Easement Agreement for Victory Road Waterline Extension by Richard Evans AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aFtached 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 of public meefinps shall become property of The City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/15/2005 Re: Proposed Agenda Items for 9/20/05 City Council Meeting ~- The Public Works Department respectfully requests that the following items be placed on the 9/20/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Waterline Easement for Victory Road Waterline Extension by Richard Evans. Temporary and permanent easements for access in regards to the Victory Rd waterline extension. Recommended Council Action: Approve the Waterline Easement for Victory Road Waterline Extension by Richard Evans and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 WATERLINE & TEMPORARY CONSTRUCTION EASEMENTS THIS INDENTURE, made this _`~ day of /yl p,2'c% , 2005, between Richard Evans; the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE. WITNESSETH: WHEREAS, the Grantee desires to extend a public waterline across the premises and property hereinafter particularly bounded and described; and WHEREAS, the waterline is to be provided for through an underground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said waterline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for the permanent waterline easement and temporary construction easement for the construction, operation and maintenance of a waterline over and across the following described property: SEE ATTACHED EXHIBITS "A" and "B" THE PERMANENT EASEMENT hereby granted is for the purpose of construction and operation of a waterline and allied facilities, together with maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. This grant is made on the following terms: TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement (including ornamental shrubs, ground cover and other decorative landscapingj. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures or large trees placed within the area described in this easement. The Grantee also agrees to the following: WATERLINE EASEMENT Page 1 of 4 The Grantee will provide the Grantor with one (1) 8" water stub to the property in question at no cost to the Grantee. The Grantee will be responsible for the extension of public water lines as is normal and customary for development projects within the City of Meridian. Individual buildings connecting to the public water lines will be responsible for the normal and customary connection and fees and monthly service fees as assessed by the City of Meridian. 2. The Grantor may install landscaping within the easement provided that no trees are planted within 5' of the waterline. THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures or trees within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described-tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE TEMPORARY CONSTRUCTION EASEMENT is for the purpose of construction of a waterline and related incidental work. The temporary construction easement shall expire when the construction contract terminates. This grant is made on the following terms: TERM OF USE. Construction of the waterline will occur between March 15, 2005 through August 15, 2005. Weather limitations may necessitate a time extension for completion of final surface restoration arid grading as mutually agreed by the Grantor and Grantee. AUTHORIZED USES BY GRANTEE. The GRANTEE's use of the Easement granted herein shall be in connection with the construction of a water main on adjoining and abutting property owned by GRANTEE (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to GRANTEE in connection with such water construction and improvement, and for ingress and egress to and from the Dominant Estate. USE BY OTHERS UNDER GRANTEE. The GRANTEE's right to so use the Servient Estate during the term of the Easement shall extend to use by GRANTEE'S Commissioners, employees, contractors and agents. TERM. This Easement shall be for a term commencing on the date of the GRANTOR'S execution of this Indenture and terminate on the completion of the water main extension project construction on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to GRANTEE hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. WATERLINE EASEMENT Page 2 of 4 ~, INDEMNIFICATION. GRANTEE hereby indemnifies and holds GRANTOR harmless from and against any and all loss, injury, death and damage, and attorneys' fees and costs that might be incurred by GRANTOR in defending any such claim, that shall result from the use of the Servient Estate by GRANTEE, its Commissioners, employees, contractors and agents, hereunder. RESTORATION ON EXPIRATION OF TERM. On the expiration of the term of this Easement, the Servient Estate shall be restored by GRANTEE, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. BINDING EFFECT. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) GRANTEE AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. APPURTENANT. The Easement herein granted is appurtenant to the Dominant Estate. WATERLINE EASEMENT Page 3 of 4 IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. Richard Evans STATE OF IDAHO ) ss County of Ada ) On this .Z~A' day of Maw , 2005, before me Pawl Fps K personally appeared _~u.har~ Evans proved to me on the bases of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. ~~~p~~nua~p~~ ~~%~ i gip` ~, •, NOTARY PUBLIC FOR IDAHO _ ~{•~OTA/~~~ 7 f GRANTEE: OF MERIDIAN My Commission Expires on Tammy d~erd,.Mayor ~ ~~~~ ~~-~ ~ ~~ ~Y~~~ Attest by William G. Ber Jr., ity Clerk ~,~, ; City Council Approval Date: 3 WATERLINE EASEMENT * • ~•~ .~ ~.o T. /0-,~.a-O.r Page 4 of 4 TEMPORARY CONSTRUCTIO>~ EASEMENT 79.16' it I~ I, x I~ II ~I II II II I~ II N. (8333 S.F.) ?I W II ~ ~ ~~~ ~ ~ I~ (MERIDIAN ROAD _ ~ I I BORE CROSSING r) ~~I u II i Q AIEl11~GWIAL / -I-r ~ G---=-G---- I SI ~ Q I I III/. OI I I I I~ lil ----X-----X I I ~~ f N~~P I ~ i iI I I I Q W W __ ~ EP-~~ I I S I j _ ~P - d - - - ~a - ~- - Ea PROPbSED 12" WATI`fjl MPIN Y -G--_---G--- e` G-----G~ ----d~l _I -G ------G ~.---- ~-F--G-----~'~--~ _ 3 ~I I I ` 8 G 24 19 G- ~i ~ I N yW. VI~TORY ROA~ ~ 25 30 al I J ----~~___ _~1_ I I r- __ ~ N tPl-- I ~ ~~UT UT--UT UT-~'-I_UT UTf- --UT~T I--UT-----UT----- ry~- ~ ~~ a I J E ~\ I ~ 4 ~S7S ~~ `~°, ~ z-~•~ ., SCALE: 1 "=30' RICHARD EVANS PROPERTY ,,,,,, `"0"°"'s""*'°"""""° TEMPORARY CONSTRUCTIONEASEMENT-EXHIBITA ~~~u Engineers Surveyors Planners Project: 10-04-143 Date: February 1, 2005 PARCEL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT That portion of the Southeast'/, of the Southeast'/, of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached Exhibit 'A' and being more particularly described as follows: Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast Ye of said section, North 89°21'17" West, 121.09 feet; thence North 00°38'43" East, 40.34 feet to the Northerly right-of-way of Victory Road, the POINT OF BEGINNING; thence North 45° 34'47" East, 79.41 feet to the Westerly right-of-way of State Highway 69 (Meridian Road); thence along said right-of-way, South 00° 38'24" West, 21.39 feet; thence continuing along said right-of-way, South 55°44'40" West, 60.96 feet to the Northerly right-of-way of Victory Road; thence along said right-of-way, North 86°49'43" West, 6.09 feet to the POINT OF BEGINNING. Together With: That portion of the Southeast'/. of the Southeast'/, of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached Exhibit 'A' and more particularly described as follows: Commeriting at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast '/< of said section, North 89°21'17" West, 144.03 feet; thence North 00°36'43" East, 40.55 feet to the Northerly right-of-way of Victory Road, the POINT OF BEGINNING; thence North 00° 34'48" East, 131.84 feet; thence South 89° 22'01" East, 79.16 feet to the Westerly right-of-way of State Highway 69 (Meridian Road); thence along said right-of-way, South 00° 38'24" Wes[, 45.00 feet; thence North 89° 21'36" West, 10.00 feet; thence South 00° 38'24" West, 26.72 feet; thence South 45° 34'47" West, 85.06 feet to [he Northerly right-of-way of Victory Road; thence along said right-of-way, North 88°49'43" West, 8.94 feet to the POINT OF BEGINNING. Containing 0.194 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 9Z- f-oS lF O F \ ~p M \ RMH/TLK: the m \\Boisefiles\Public\ProjectManagers\PHK\70-04-143 ~ Meridian -Victory Road Waterline\70.04-143-Survey\Descriptions\SEC24-TEMPEASE.ge~ ~ ~ ~ ~ .I- ~ ~ i ~ ~ I II i ~~ I N. i ~ ~ I a I II I x II I I II I `] S89'21'36" I I I I 10.00' I >> I I II W N ZV 3 I I I c N ~c ~ `~j ~ MERIDIAN ROAD z° o "~ I BORE CROSSING TAX PARCEL #51224449555 ~II I II I ~ ~ II I (p I I Q MEA1~21A1 / O I II J - -1 I- G - ~- - - ,~., •~ ~I C-----G-----C ~^• I ~ s2 I I / Z ~4i~,•°, I I ' I ~Q ~ ~/ I I W ~ y/ --- ~~ NI NI ~~I ~ ko ~ I ~~e ~ ~ $ R ~~I 8575 Q N8849'43"IM ~~ I I I I ,~Z-I-oS"u I 14.00'-EP ~----tie I I I I ~,~,~lEOF~o ~ - fi- _ , I I 11 I ,~~ Y j ~ ^ POINT OF BEGINNING i I ~tS~---~-G-----G-----G--~--~G----~ o I ~ 3.. fZ i ~ ~ =----C- --- G--~ I T_ -"`~, _ Nes•21'j~"w i _ _ 24 1 9 N I 135.x' ~ 3 ~IW. VICTORY ROAIb I , 25 30 SCALE: 1 "=20' ROAD WA RICHARD EVANS PROPERTY PERMANENT WATERLINE EASEMENT- EXHIBR B ~~-uJ Engineers Surveyors Planners Project: 10-04-143 Date: February 1, 2005 PARCEL DESCRIPTION PERMANENT WATERLINE EASEMENT That portion of the Southeast''/+ of the Southeast'/+ of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached Easement `B' and more particularly described as follows: Commencing at the Southeast corner of Section 24; thence along the Southerly boundary of the Southeast''/+ of said section, North 89°21'17" West, 135.09 feet; thence North 00°38'43" East, 40.47 feet to the Northerly right-of-way of Victory Road, the POINT OF BEGINNING; thence North 45°34'47" East, 85.06 feet; thence North 00°38'24" East, 26.72 feet; thence South 89°21'36" East, 10.00 feet to the Westerly right-of-way of State Highway 69 (Meridian Road); thence along said right-of-way, South 00°38'24" West, 30.86 feet; thence South 45 ° 34'47" West, 79.41 feet to the Northerly right-of-way of Victory Road; thence along said right-of-way, North 88°49'43" West, 14.00 feet to the POINT OF BEGINNING. Containing 0.025 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/TLK: the \\8oisefiles\Public\ProjectManagers\PHK\10-04-143 -Meridian -Victory Road Waterline\10-04-143-SurveylDescriptionslSEC24- PERM WATERLINE EASE.doc September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. S-O REQUEST Water Main Easement Agreement for SSC Transfer Station by Trisect, LLC 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: Maferlals presented at public meetings shall become property of the City of Meddian. See attached City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 9/14/2005 Re: Proposed Agenda Items for 9/20/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 9/20/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for SSC Transfer Station by Trisect LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for SSC Transfer Station by Trisect LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this day of , 2005 between Trisect, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry 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 Granteetheright- 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 construcfion and operation of a water line and their allied facilifies, together with their maintenance, addifional connecfion 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 andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY iJNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connecfion to the water line, Grantee shall restore the area ofthe easement and adjacentpropertyto that existentpriorto 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.doc THE GRANTORS do hereby covenant with the Grantee thatthey are lawfully seized andpossessed 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) On this 30 day of 20 before me, the undersigned, a Notary Public in - and for said State, personally peared ~ ~ Of and ~~~{'1 E ~ ~o((GtLe~ known or identified to me be Memb rs, r spectively, of the Limited Liability Corporafion that executed the within instrument, and acknowledged to me that such corporation executed the same. TI,[,,, , , ;~,'~SS WHEREOF, I have hereunto set myhand and affixed my official seal the day and year ~..~,,,,,.,.,,,-,~9 _ ~s- •.,,~ UB~- ,• ~ %~',4,rE ~OF~ \~, Water Main Easement EASMT WTR.doc Steven G. Sedlacek, Member 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 Residing at: Commission Exov IDAHO Water Main Easement EASMT WTR.doc EXHIBIT A LEGAL DESCRIPTION Prepared for TRISECT, L.L.C. PERMANENT UTILITY EASEMENT A parcel of land located in the southwest quarter of the southeast quarter (SW4 SE4) of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, and more particularly described as follows: Commencing at 5/8-inch-diameter iron rod representing the South Quarter Corner of Section 11, Township 3 North, Range 1 West, Boise Meridian; thence along the south line of Section 11 (Franklin Road), North 89° 16' 00" East, 899.67 feet; thence leaving said south line of Section 11, North 0° 44' 00" West, 420.09 feet to a point, said point being the TRUE POINT OF BEGINNING; thence North 0° 00' 00" East, 76.23 feet, thence North 90° 00' 00" East, 335.66 feet, thence North 0° 00' 00" East, 154.93 feet, thence North 90° 00' 00" East, 20.00 feet, thence South 0° 00' 00" East, 174.93 feet, thence South 90° 00' 00" West, 335.66 feet, thence South 0° 00' 00" East, 56.23 feet, thence South 90° 00' 00" West, 20.00 feet to the TRUE POINT OF BEGINNING; Containing 11,336 square feet (0.26 acres), more or less. Prepared by CH2M HILL, August 2005. PLS 7043 EXHIBITB _ `, 4C ~ 3 :_ ~ 4 :~.~=3 ~ o r I , 1 Title: Scale: finch = 50 feet ~ File: Date: 08-29-2005 Tract 1: 0.260 Acres: 11336 Sq Feet: Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 1174 Feet 001=n0.0000e 76.23 004--n90.0000e 20.00 007=s0.0000e 56.23 002~90.000Oe 335.66 005=s0.0000e~ 174.93 008=s90.0000w 20.00 003~0.000Oe 154.93 006=s90.0000w 335.66 September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. 5-P REQUEST Crossing Agreement for the North Slough Sanitary Sewer Project with Settlers Irrigation District 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: SETFLERS IRRIGATION: IDAHO POWER: US WEST: ' INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached ~,~~°° Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. ~ d 1 ' 'i 1 Memo ;;ii~~, q_;,i ,~,,„,.. To: Will Berg: Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 09/15/2005 Re: Proposed Agenda Item for September 20, 2005 City Council Meeting The Public Works Department respectfully requests the following items be placed on the September 20 City Council agenda, under Consent Agenda, for Council's consideration: Crossing Agreement for the North Slough Sanitary Sewer Project. A request for crossing agreement with the Settlers Irrigation District for the installation, operation, inspection, maintenance and repair of the North Slough Trunk Line has been received by the Public Works Department. This license agreement is necessary in order to construct the North Slough Sanitary Sewer: Recommended Council Action: The Public Works Department recommends that City Council approves the Crossing Agreement for the installation, operation, inspection, maintenance and repair of the North Slough Trunk Line and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 CROSSING AGREEMENT This Crossing Agreement ("Agreement") is entered into and made effective this day of 200 by and between SETTLERS IRRIGATION DISTRICT ("District"), an irrigation district organized and existing under and by virtue ofthe laws of the State of Idaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and the City of Meridian ("Licensee"), a municipal city in good standing in the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, ID 83642. WITNESSETH: WHEREAS, the District owns and maintains a system of canals, laterals and drains, including North Slough #2 Canal, for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals, laterals, drains; easements for ingress and egress; and for the operation, inspection, maintenance, and repair of the canals, laterals, and drains; WHEREAS, the Licensee desires to obtain a license ("License") from the District for the installation, operation, inspection, maintenance, and repair of North Slough Trunk Line, as described below: (a) The North Slough Trunk Line will cross below North Slough #2 Canal, [at the East boundary of Larkwood Subdivision in the SE'/ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho] as described in Exhibit A, attached hereto and incorporated herein by reference. WHEREAS, the District desires to grant the License to the Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said North Slough Trunk Line; CROSSING AGREEMENT - 1 ia~os3n/os-a6o 112001 1200 NOW, THEREFORE, in consideration of the mutual benefits to be received by the District and the Licensee, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: 1. Grant of License. The District hereby grants a license ("License") to the Licensee for the purpose of crossing over North Slough #2 Canal at the location described in Exhibit A, in order to install, operate, inspect, maintain, and repair said North Slough Trunk Line, provided that said North Slough Trunk Line isinstalled asdepicted inthe -plans, maps, drawings and notes attached as Exhibit B. The License is subject to the restriction that no construction may begin on the North Slough Trunk Line until the effecfive date of this Agreement and must be completed prior to April 1, 2006. This grant of the License is subject and subordinate to any and all property rights the District may have in North Slough #2 Canal. The Licensee expressly acknowledges and agrees that this License does not grant the Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the North Slough #2 Canal. This grant of License is expressly conditioned upon the prior receipt by the Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon the District's prior written approval of all drawings and plans concerning the activities to be conducted by the Licensee under this Agreement. 2. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as the Licensee is in compliance with the terms of this Agreement. The District reserves the right to revoke this License, effective upon CROSSING AGREEMENT - 2 iosos3rzios-~6o 112001 1200 l written notice to the Licensee thereof, should the Licensee at any time fail to comply with the terms of this Agreement. 3. Installation Inspection Maintenance and Repair of the North Slough Trunk Line. The Licensee, following execution of this Agreement by the parties, and after November 1, 2006, may commence construction of the North Slough Trunk Line crossing as described in Exhibits A and B and may conduct operations, inspections, maintenance, and repair activities, at the Licensee's sole cost and expense, as maybe reasonably necessary, subject to any restrictions imposed on the Licensee's activities as may be set forth in this Agreement. The Licensee, or its agents or contractors, shall perform all work contemplated by the terms of this Agreement in a workmanlike manner. The Licensee agrees to assume all responsibility, including general liability and costs for the construction, operation, inspection, maintenance, and repair of the North Slough Trunk Line. Any construction or other activities by the Licensee which may impede or impair the flow of water through North Slough #2 Canal may only be performed during the non-irrigation season, wMch is usually between November 1 and March 15. The Licensee expressly acknowledges that, notwithstanding the Licensee's assumption of certain responsibilities and receipt of certain rights under this Agreement, the District does not relinquish its ownership rights in any portion of North Slough #2 Canal. 4. Representations and Warranties. (a) District. The District represents and warrants that: (i) the District is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) the District has the capacity to enter into and perform the District's obligations under this Agreement; (iii) all organizational and other actions required to authorize the District to enter into and perform CROSSING AGREEMENT - 3 iosos~aios-ew 112001 1200 l ~~ this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in accordance with its terms. (b) Licensee. The Licensee represents and warrants that: (1) it is a municipal city organized and in good standing in the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize the Licensee to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by the Licensee and is valid and binding upon the Licensee in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Indemnity. The Licensee agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, acfions, costs, and expenses of anynature, including court costs and attorney fees, arising from or out of any acts or omissions of the Licensee, its agents, or contractors related to or in connection with its activities under this Agreement and the exercise of any privileges or performance of any obligations by the Licensee hereunder. Furthermore, the Licensee agrees to protect, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of anynature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference.. with the flow of water in North Slough #2 Canal caused by any act or omission of the Licensee or its agents. 6. No Liens. The Licensee shall allow no liens as a result of any labor performed or materials supplied in connecfion with the activities of the Licensee, its agents, or contractors, to attach to North Slough #2 Canal or to any adjacent lands held by the District. CROSSING AGREEMENT - 4 iosossnios-660 112001 1200 7. Binding Agreement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 8. Further Consideration. In further consideration for inducing the District to grant this License, the Licensee agrees to promptly pay all legal expenses incurred by the District relating to the negotiation, preparation, and execution of this Agreement. 9. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such parry's right to enforce any provision or exercise any right. 10. Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similarrelationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 11. Interpretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 12. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 13. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. CROSSING AGREEMENT - 5 103083@/05-660 112001 1200 14. Attorney Fees. In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of the Licensee, or their agents or contractors, under this Agreement, the nonprevailing party in such suitor proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. 15. Recording. This Agreement shall be recorded at the Ada County Recorder's Office. 16. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. Settlers Irrigation District Post Office Box 7571 Boise, Idaho 83707 1N WITNESS WHEREOF, the parties hereto have executed this Agreement thedate first set forth above. SETTLERS IRRIGATION DISTRICT President of its Board of Directors Attest: Vicki Keen, Secretary CITY OF MERIDIAN, IDAHO CROSSING AGREEMENT - 6 iooos~i2io5-660 112001 1200 ( ~. Mayor de Weerd, Authorized Agent for City of Meridian, Idaho CROSSING AGREEMENT - 7 1030832/05-660 112001 1200 STATE OF IDAHO ) ss. County of Ada) On this day of , 2001, before me, the undersigned notary public in and for said state, personally appeared ,President of the Board of Directors of Settlers Irrigation District, an irrigafion district organized and existing under and by virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers hrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO ) ss. County of Ada) On this day of , 2001, before me, the undersigned notary public in and for said state, personally appeared VICKI KEEN, Secretary of Settlers hrigation District, an irrigation district organized and existing under and by virtue ofthe laws ofthe State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers hrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires CROSSING AGREEMENT - S iosos3/z/os-66o 112001 1200 1, STATE OF IDAHO ) ss. County of Ada) On this day of , 2005, before me, the undersigned notary public in and for said state, personally appeared Mayor de Weerd, authorized agent ofthe City ofMeridian, Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of the City of Meridian, Idaho. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires CROSSING AGREEMENT - 9 103093/2/05-660 112001 1200 EXHIBIT A Legal Description of the sewer crossing of the North Slough#2 at sewer stationing 92+20 to 92+60 located in the SEl/4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho BOI MT1:372344.1 EXHIBIT A EXHIBIT B Engineering Plans and Specificarions 901 MT1:372344.1 EXHIBIT B m w w W ~ ~ U a WO ~~ LK i ~ ° w ~~~ w o o jEw~ ~Ja ~V~WF U6~~~>~o F20wJ000 6U' yQ F W 2 W U W ~y~u Rm V'~0K6uWW0 I 11~ I a i i i i I ~ \ ¢nn x O w O z J W Y z ~ Q ~ ~ ~2c=.~ ~ o W p ~ 1~ ~ li = ~' O } ~ Z L Z J U M ,~ m e ~ ~ m ~ ~ a Q ~ m '" ~ m ~ m .^~ m 2 S ;. 7. 2 S. ~ C ~ ~. 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O ~w I G~ ~ °< a' i o N ~ ~ '~ ~ _ b ,._ ~ T Z a rn 5 ~ m ~ w a =Na 2 /, ~ W Wis.. „ r _ `~J~`JQ~Q ^N JA z ~0 d N ~ ~ > ~ ~ O y ¢FF KZ aw Z ~ /mow 1 I / ~! \ / / ~%~ ~ ~ ~ __ ~ ~. ~ ~ > 9p ~ O yarn i b z m F~ _ r<~z / \\ N~aw oo, ~~ U b Nm~ O `( ~ a~ \ aF O N ~ F o a~ ~ ~ J ~~ m Jw // / ~/ N uo / o ZU~ F aQ~¢VI (+~ N O pWZ00 _~~rco r aw^o o o ~ ? i o ' N w o 'a m + Fmo z ~ ¢ o N I I d ~ u p ~ ~ oa E ~od~ aw ~ ot a~i m _ i c sin~a ¢rc?~ N Y z UI omo _ I U I UwpZt I Ow~W 1 o OP dd 133HS 33S I I - Qw 3NIlHOlVW p"a I z I zopa wp I w F< ~` rc I G ~ w _ =E~s 0 w a o 2 E ''~ °o Q y tl h 0. 2 w O O ~ ~~ U .'y a ~~q ~ ~~~ ~~~ ~~ z 5 ~~~ 47 ~~w~~y oo$~o: ~~ e~°~~ September 1 b, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT ITEM NO. S-Q REQUEST Resolution -Amend the Current Collective Bargaining Agreement Between the City of Meridian and the International Association of firefighters, Local #2311 in Regards to Pay and Benefits for Paramedic Firefighters 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 POSE OFFICE: OTHER: Contacted: Emailed: 5®e aMached Date: Phone: Staff Initials: Materials presented of public mesHngs shall become property of the City of Meddlan. C CITY OF MERIDIAN RESOLUTION NO. O~~ ~~~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CURRENT COLLECTIVE BARGAIlVING AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE INTERNATIONAL ASSOCIATION OF FIItEFIGHTERS, LOCAL #2311 IN REGARDS TO PAY AND BENEFITS FOR PARAMEDIC FIREFIGHTERS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CTTY COUNCIL OF CTTY OF MERIDIAN, IDAHO WHEREAS the City of Meridian (CITY) and LA.F.F. Local #2311 (LINION) have an existing Collective Bargaining Agreement that expires on September 30, 2005; WHEREAS the Collective Bargaining Agreement incorporates pay and benefits for the members of the UNION; WHEREAS since the implementation of this Agreement the CITY has decided to hire paramedic firefighters to provide greater service to the public; WHEREAS when the current Agreement does not contemplate a different pay or benefit for firefighters with the additional certification as a Paramedic; WHEREAS both the CITY and the iINION believe that an additional benefit for these firefighters with paramedic certification is reasonable and justified; THEREFORE, the parties agree to amend the current Agreement, by Memorandum that is attached as Exhibit "A." NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. That the Memorandum Agreement attached as Exhibit "A" is hereby approved. SECTION 2. This Resolution shall be in full force and effect immediately upon its adoption and approval. AMENDMENT TO CURRENT COLLECTIVE BARGAINING AGREEMENT - 2005 Page 1 of 2 PASSED BY THE CITY COUNCII. OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~~ , 2004. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~~~ , 2004. AMENDMENT TO CURRENT COLLECTIVE BARGAINING AGREEMENT - 2005 Page 2 of 2 MEMORANDUM AGR);EMENT WHEREAS the City of Meridian (CITY) and LA.F.F. Local #2311 (UNION) have an existing Collective Bargaining Agreement that expires on September 30, 2005; WHEREAS the Collective Bargaining Agreement incorporates pay and benefits for the members of the UNION; WHEREAS since the implementation of this Agreement the CITY has decided to hue paramedic firefighters to provide greater service to the public; WHEREAS when the current Agreement does not contemplate a different pay or benefit for firefighters with the additional certification as a Paramedic; WHEREAS both the CITY and the UNION believe that an additional benefit for these firefighters with paramedic certification is reasonable and justified; THEREFORE, the parties agree to amend the current Agreement to incorporate the following changes to address this matter as follows: 1. Adjust the entry level pay for Introductory Firefighter from $2786 to $2842 monthly. 2. Pay a monthly stipend to Firefighters that are certified Paramedics of $400.00 monthly. 3. Amend the requirement for "time in grade" required to move from the pay grade from Introductory Employee to Firefighter I from one (1) year to six (6) months. 4. The effective date of the wage adjustment and stipend shall be September 19, 2005. This Memorandum Agreement shall be effective upon approval by the Union President and the Mayor and passed by Resolution of the City Council. e~ -~~itl ance Smith, President Local #2311 C1F City ofYulerl'di ~/cJfed ~~ ,p /r~~4 ~ TY ~ ~~~~~`~ ~~~rrRnin uN~~~~~`\ 9-a4-aS Date ~-20-~ s Date MEMORANDUM AGREEMENT WHEREAS the City of Meridian (CITY) and LA.F.F. Local #2311 (UNION) have an existing Collective Bargaining Agreement that expires on September 30, 2005; WHEREAS the Collective Bargaining Agreement incorporates pay and benefits for the members of the UNION; WHEREAS since the implementation of this Agreement the CITY has decided to hire paramedic firefighters to provide greater service to the public; WHEREAS when the current Agreement does not contemplate a different pay or benefit for firefighters with the addifional certification as a Paramedic; WHEREAS both the CITY and the UNION believe that an additional benefit for these firefighters with paramedic certification is reasonable and justified; THEREFORE, the parties agree to amend the current Agreement to incorporate the following changes to address this matter as follows: 1. Adjust the entry level pay for Introductory Firefighter from $2786 to $2842 monthly. 2. Pay a monthly stipend to Firefighters that are certified Paramedics of $400.00 monthly. 3. Amend the requirement for "time in grade" required to move from the pay grade from Introductory Employee to Firefighter I from one (1) year to six (6) months. 4. The effective date of the wage adjustment and stipend shall be September 19, 2005. This Memorandum Agreement shall be effective upon approval by the Union President and the Mayor and passed by Resolution of the City Council. ance Smith, President Local #2311 Of City ofYulcrYdian /,Q a ~ ~" ;~9~Tt8T• ~~,:~ 9 a9-os Date ~-20-0 S Date /~i~~ 6~ G'r>hj~or~c~.l~ 9-~-os (~ ~ September 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING ,September 20, 2005 APPLICANT Public Works/Building/Development Service ITEM NO. 6-A-~ REQUEST Personal Services Confract between the City of Meridian and Whitman & Associates, In~ to provide building inspection services and plan reviews for structures constructed within the Ciiy of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See alfached 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: /~,~0',~~°y~ 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: Dgte: Phone: Staff Initials: Materiab presented at public meeflnA~ shall become property of the City o} Mertdlan. 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 t~ ~3 day of p r" 2005. 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: Term. This contract shall become effective on the ls` day of October, 2005, and unless earlier terminated or extended, shall expire on or before September 30, 2006. 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. 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 FY06 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 often years, or such longer period as may be required by Idaho Code § 50-907. 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 FY06 Conhact 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 terrinated and become null and void. (c) Irt addifion, 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 maybe 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 bylaw, 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 bf 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; FY06 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 bylaw, 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 ofpay; 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. FY06 Conhact 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, suc_ cession 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. ht 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 FY06 Contract for Personal Services, Wlutrnan & 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. FY06 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 maybe amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which maybe necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severabffity. 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 ~3~ day of S2p~be.f ,Zoos. FY06 Contract for Personal Services, Whitman & Associates, Inc. Page 7 WHTTMAN & ASSOCIATES, INC. BY ~V~ DAUNT WH TMAN, PRESIDENT CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) County of Ada, ss: On this ~~ k~ day of ~P , 2005, 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 zn hand and affixed my official seal the day and year in this certificate first abov e °evnva evrgr ~`` t~, a®°°`°°~ fr! (SEAL) ,.: os'~ ~~Fj'~ ~" o EEO ° ~ ~f- ~ ~ ~ Notary blic for I o ~ ~ ~ ~ mg at: ~ w. Td4,4~ ~ ~ L!~ ~ ~ B My Commission Expires: ~ • S •67 rrrro-a:ts avs°t FY06 Contract for Personal Services, Whitman & Associates, Inc. Page 8 STATE OF IDAHO, ) County of Ada, ss: On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, 7R, lrnown 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: FY06 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 Deparhnent . The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as maybe 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 annroved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interesYit 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 maybe 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 ~~ September 16, 2005 MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT Public Works/Building/Development Service ITEM NO. 6-A-2 REQUEST 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 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: ~-, /~.fj~/~J ADA COUNTY HIGHWAY DISTRICT: ~~~jV~' ~~ SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Department f2eports Phone: Staff Initials: Materials presented al public meeHnga shall become property of the City of Meridian. PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: RIMI, INC., an Idaho corporation, hereinafter "Contractor." DATED: This ~~-~"dayof, 2005. PREMISES: 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 parties hereto agree as follows: Term. This contract shall become effective on the 15` day of October, 2005, and unless earlier terminated or extended, shall expire on or before September 30, 2006. 2. Scope of Services. Contractor shall perform the necessary services in acc9rdance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 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 FY06 Contract for Personal Services,l2IMI, Inc. Page 1 way related Eo 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 famished 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 often 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 nofices, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, FY06 Contract for Personal Services, RIMI, 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 Rodney L. 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 bylaw, 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: FY06 Contract for Personal Services, RIMI, 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 Rodney L. 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 Rodney L. 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. FY06 Contract for Personal Services, RIMI, 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. Irt 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 FY06 Contract for Personal Services,l2IIvII, 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 ofnot 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 (ACO1tD 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. FY06 Conhact for Personal Services, RIMI, 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 parry'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 maybe amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which maybe necessary from time to time to incorporate changes or provisions required by law or the Division. 20. 5everability. 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 2005. FY06 Contract for Personal Services, RINII, Inc. Page 7 Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) County of Ada, ss: RIMI, INC. RODNEY .MED Y,PRES NT CITY OF MERIDIAN By: TAMMY de WEERD, MAYOR On this ~~' day of ~~~Q,MbQI , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Rodney L. 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. ,~~„ee~,.,.,, o~``P, FRFr?.,, ~\~~~~ t,~IdLC ro~ ~ICl, O (SEAL) ~~n'',pj,~~~~,,p= eM1J o ~. ~~. r. ~' ,~~g ~° /~ a',,~,ryl," 9P~ ~ ~®,,~ °m~an~~oe+°c FY06 Contract for Personal Services, RIIvII, Inc. Page 8 STATE OF IDAHO, ) County of Ada, ss: On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, 7R., 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) FY06 Contract for Personal Services, RIMI, Inc. Notary Public for Idaho Residing at: My Commission Expires: Page 9 l I EXHIBIT "A" SERVICES TO BE PERFORMED BY RIMI, 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, condifions 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 anyroved 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 maybe 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 ~f I 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- bonobasis. 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 September 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT Public Works/Building/Development Service ITEM NO. 6-A-3 REQUEST 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 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aMached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: Y PARKS DEPT I : C T ~o n-, m- MERIDIAN SCHOOL DISTRICT: ~ ~/~ Or ~° 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: Mafedala presented at public meehng~ shall become property of The City of Meridian. PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporafion, hereinafter "City" AND: DMH ENTERPRISES, an Idaho Limited Liability Company, hereinafter "Contractor." N. DATED: This ~ day of e 2 n , 2005. PREMISES: 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 ls~ day of October, 2005, and unless earlier terminated or extended, shall expire on or before September 30, 2006. 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. FY06 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 often years, or such longer period as may be required by Idaho Code § 50-907. 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 FY06 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 maybe 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 nofice to Contractor, or at such later date as maybe 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; FY06 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 calendaz 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 bylaw, 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 reasonDennis 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. FY06 Conhact for Personal Services, DMFI Enterprises 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 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 FY06 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 (ACO12D 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 (ACO12D 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. FY06 Contract for Personal Services, DMH Enterprises Page 6 (~ 16. Attorney Fees. ht 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 parry'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 maybe amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which maybe necessazy 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 \.3~`'dayof ~e_y~'2n^b.2ft- ,2005. e FY06 Contract for Personal Services, DMH Enterprises Page 7 DMH ENTERPRISES DENNIS HOLTE, PRESIDENT CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) County of Ada, ss: On this `3i~. day of ~A-4C,n~b~ , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS HOLTE, known or identified to me to be the President 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. ,,,o~P„sF~ ~~ es g e~ J ~6 (SEAL) ~ ~ ~ ~~~R~G ~~ e e~~~~~L~~~ ~-? ° °® -~~~ (pp~~y@g~x~~y~$~®,,.~~ My Commission Expires: ~•OS• 07 ~~~~~y~j +NBT B~`f`,yp~~`, FY06 Contract for Personal Services, DMH Enterprises .Page S r STATE OF IDAHO, ) County of Ada, ss: On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WII,LIAM 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: FY06 Contract for Personal Services, DMH Enterprises Page 9 EXHIBIT "A" SERVICES TO BE PERFORMED BY DMH ENTERPRISES 1. 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 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 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 t r i 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. Irr 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 perrnits: 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 September 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT Public Works/Building/Development Service ITEM NO. 6-A-4 REQUEST 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 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: Staff Initials: Phone: Matedals presented at public meeRngs shall become property of the Cily of Meddfan. PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: HAROLD'S ELECTRIC CO., INC., an Idaho corporafion, hereinafter "Contractor." -1+.. DATED: This ~ ~-f $ay of ~-e.n.~~yef , 2005. 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 confinue 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 lst day of October, 2005, and unless earlier terminated or extended, shall expire on or before September 30, 2006. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "?," attached hereto and herein incorporated by reference. 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. FY06 Contract for Personal Services, Harold's Electric Co, Inc. Page 1 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, andlocal 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 often years, or such longer period as may be required by Idaho Code 6 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 pemuts 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 FY06 Contract for Personal Services, Harold's Electric Co, Inc. Page 2 l 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 FY06 Conhact for Personal Services, Hazold'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 bylaw, 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 FY06 Contract for Personal Services, Hazold'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 15`h 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 FY06 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. (f) Proof of Insurance. Certificates of Insurance (ACOI2D 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, sane, 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 resulfing 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 FY06 Contract for Personal Services, Harold's Electric Co., Inc. Page 6 l 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 maybe amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which maybe 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 deternrination 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 ~-~b~f , 2005. FY06 Contract for Personal Services, Harold's Electric Co., Inc. Page 7 HAROLD'S ELECTRIC CO., INC. LCH, PRESIDENT CITY OF MERIDIAN TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK FY06 Contract for Personal Services, Harold's Electric Co., lnc. Page 8 t STATE OF IDAHO, ) County of Ada, ss: On this ~~ day of S e.(D'~"~ , 2005, 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. ,`Ie,. rt a e u.11j1j I ,,~~ P~ F R E~~,` ;', v .~~ a (SEAL) ~~;~ ~y®TA~6 ~ ~-~ a e w J~I~ IPIII11 t11! STATE OF IDAHO, ) County of Ada, ss: Residing at: j V1~ My Commission 0 On this day of , 2005, 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: FY06 Contract for Personal Services, Hazold's Electric Co.; Inc. Page 9 EXFIIBIT "A" 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, condifions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulafions 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 aunroved 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 l ~ 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. Performance of Services and Duties. Contractor, who is the Electrical Official, shall ensure that he interprets all applicable codes reasonably and impartially. hr 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 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 elan review: 10 working days after receipt of complete application. Calls for inks ections: 48 hours after receipt ofphone 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 September 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT Public Works/Building/Development Service ITEM No. 6-A-5 REQUEST Personal Services Contract between the City of Meridian and Greene's Fire Protection and Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructs 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: Staff Initials: Phone: Materials presented at public meeHnps shall become property of the City of Meridian. 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 /'~ day of SBPf~MdcR. , 2005. PREMISES: 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: Term. This contract shall become effective on the ls~ day of October, 2005, and unless earlier terminated or extended, shall expire on or before September 30, 2006. 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. FY06 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 1 C ~ 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 often years, or such longer period as may be required by Idaho Code § 50-907. 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 Combustable Storage Review & Inspection. FY06 Contract for Personal Services, Green Fire Protecfion & Safety Services, Inc. Page 2 (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 ofnon-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 cant' 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. 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 maybe 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 bylaw, 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. FY06 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 3 l ~ (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 13re 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. FY06 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 anemployee-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 parkies 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 FY06 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 5 C 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 forbilling statements submitted not later than the fast 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 irmnediately 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 (ACO]ZD Fonn 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 FY06 Contract for Personal Services, Green Fire Protecfion & 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 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 maybe amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which maybe 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 SE~~~EP~ , 2005. FY06 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 7 GREENS FIRE PROTECTION & SAFETY SERVICES, INC. RICH GREENS, PRESIDENT CITY OF MERIDIAN By: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) County of Ada, ss: On this ~ t1 ~= day of ~ c.~ , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Rich Greene, lrnown 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 aclorowledged 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. [y®le9[[lrtr0j ~~a pTA o= (SEAL) - ca ge Ca ~b $ ~ i `~ ~~~[41R1[[[[[~ FY06 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 8 STATE OF IDAHO, ) County of Ada, ss: On this day of , 2005, 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: FY06 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 9 l 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, addifion to, use of, maintenance of fire protection systems, issuance of pernuts, 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. 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 annroved 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 maybe 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. FY06 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. Performance of Services and Duties. Contractor, who is the Fire Protection Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addifion, 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. SUrinkler & Fire Alarm System Plan Review: 15 working days after receipt of complete application. Calls for inspections: 48 hours after receipt ofphone 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. FY06 Contract for Personal Services, Green Fire Protection & Safety Services, lnc. Page 2 j. . 1, 11. Reporting. Contractor shall submit the following reports to the City on a monthly basis: • Complete summary of all pemuts issued as to type and dollar amount for that month and year to date; and FY06 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 3 REGION IV MENTAL HEALf~~->f BOARD Richard Faille 1720 Westgate Drive Chairperson PO Box 83720 Boise, ID 83720-0028 Telephone: (208) 334-0800 Fax: (208) 334.0828 September 26, 2005 Meridian City Coundl 33 East Idaho Avenue Meridian, ID 83642 Re: Letter of Support for Public Detoxification Center al Ada County Jatl Dear Meridian City Council, On behalf of the Region IV Mental Health Board, I am wrifing to urge your dty to support the proposal by Sheriff Raney for a public detoxification center to be fnduded in the Ada County Jatl expansbn, The Regional Menial Health Board Is charged bylaw lo, among other things, promote improvements in the delivery of mental health services (Idaho Code Section 393132(6)) and indudes county commissioners and representatives oflaw enforcement, service providers, service consumers, the regional substance abuse authority, and the regional menial health programs in its membership. ea Idaho Code Section 393130. Sheriff Raney's proposal was presented to the Board at tls September meeting and the Board voted unanimousty to write a letter to the dues fn Ada County in support of the proposal, As you are aware, infomlatton gathered from university research, local hospitals, lawanfircement agendas, soda) service providers and other industry experts shows the Treasure Valley severely lacks beds for detox pafients. The few beds chat are currently avatlable al independent factlitles am generally filled at all times, resulting In lengthy waiting I'rsts and hqh numbers of individuals presenting at costly local hospital emergency norms requesting drug or alcohd detox services. Law enforcement agencies are also impacted by high numbers of intoxiceledlimpaired Individuals, both criminal and noncriminal, spending Gme in conectional fadlity "drunk tanks' for a lads of alternative `sobering statbns.' Local agencies and providers have struggled for years to find a way to build a fadlity but with no success. Sheriff Raney has come up with a creafrve plan that is designed to save fa~ayer money by combining the center with censtrudion already planned at the Ada County Jatl. While having a detox center co-loceted with the county jatl may not be an ideal solution, it is a start and apparently ran be accomplished and operated In a costcffident manner. I ask you to please give serious consideration to Sheriff Raney's proposal. This represents an opportunity for the dozens of Ada County to obtain needed detoxification services whle minimizing the cost to taxpayers. Sincerely, /~ ~~~~- Richarcl Fatlla, Chairman Region IV Mental Health Board RF:JLBfjlb r September 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT Mayors Office ITEM NO. 6-B-~ REQUEST Discussion of Detox Center 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: ~ , _ 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 CHy of Meridian. ~~ ~~.~~~ SEP 'r: E 2005 Gi1;y C}£ lYlexzc~ian ~ftY £;IPrk ~ffce ~~, ~ ~- ~~ ~ ~ 1 Detoxification Center Proposal ~ ~i i ;; ~ „ i ;;~ i .r ~i ~~ 'I ~, ~! i, ~ EXECUTIVE BRIEFING Updated: September 8, 2005 Authored By: Ada County Sheriff's Office EXECUTIVE SUMMARY INTRODUCTION Ada County has experienced a tremendous unmet need for detoxification services for adults with alcohol and other drug dependence. As populations in our cities and communities have sharply risen, so has the need for such services. The Centers for Disease Control indicates that chronic drinking in Idaho has shown a steadily increasing trend since 1990, roughly tripling in incidence. Information gathered from local hospitals, law enforcement agencies, social service providers, and University research confirms that Ada County severely lacks detoxification services. In most instances, individuals receive detoxification services in emergency rooms. The majority of these patients are released within hours. In other instances, individuals receive detoxification services in our local correctional facility and are released within 24 hours. Both scenarios place individuals at high risk to relapse and many return to emergency rooms and jail cells, sometimes within days of release. Most patients needing detoxification could be treated in a less intensive, more specialized and cost- effective environment. PROJECT PLAN The Ada County Board of County Commissioners has recently approved the funding for major jail medical expansion. Ada County Sheriff Gary Raney envisioned the possibility that the expansion could incorporate an additional wing to accommodate the community's need for a detoxification center. Incorporating the Center into the jail medical facility and its operations provides for an array of efficiencies by blending these services with those already commonly provided to the inmate population. This wing would have public access and would provide individuals with medically managed and social detoxification services. The Center would be centrally located at 7200 Barrister and offer services to adult males and females, ages 18 and older DESCRIPTION OF SERVICES The Center would be comprised of approximately 36 beds to accommodate initial medical detoxification as well as short-term social transition into a community treatment program. The sobering stations will provide a safe and secure environment to shelter individuals who are actively intoxicated and do not require an emergency inpatient level of care. Patients will be monitored and receive medical intervention as needed until sober. The detoxification unit will provide an inpatient environment providing both medical and social interventions to manage withdrawal, address mental health issues, and prepare the patient for the next step in chemical dependency treatment. Every effort will be made to provide these individuals with counseling, case management, transitional services, and contacts with resources to support on-going treatment within the community. FINANCIAL SUSTAINABILITY Stakeholders comprised of local government entities, hospitals, and other contributable organizations, realizing the need for detoxification services and allowing for the financial sustainability of the Center, have agreed to support the initial capital investment and operational costs. There has been a consensus among stakeholders involved that this would be acost-effective resolution to the community's need for detoxification services. The following entities have given support and some degree of commitment to help fund the project: Page 2 C ~ EXECUTIVE SUMMARY Stakeholders Capital Investor Operational Investor Ada Count Board of County Commissioners X X Cit of Boise Mayor Bieter X X Cit of Meridian, Ma or deWeerd X Garden Cit ,Mayor Ellis _ i X City of Eagle, Mayor Merrill I X Cit of Kuna, Ma or Obra~ X City of Star, Mayor Mitchell X St. AI honsus Regional Medical Center X St. Luke's Regional Medical Center X The Ada County Sheriff's Office would assume management responsibility of the Center and its employees. Mayor Merrill, City of Eagle, has voiced conceptual support of a detoxification center and is willing to request funding from the City Council. We believe that the cities of Kuna and Star may also support the Center if monies are available. St. Alphonsus RMC and St. Luke's RMC will continue to provide operational support through physician consultation and other ad hoc services. We will also search to identify and obtain grant funds that may be used to offset capital and operational expense. The United Way of Treasure Valley has already committed substantial time and effort to support this project and is willing to be a resource into the future as we further develop this plan. Continued operational costs of the Center would be based on the population of each City. Ada County will subsidize operational costs for each resident in Ada County and will assume total costs for the unincorporated population of Ada County. These amounts will be adjusted from year to year reflecting this percentage breakdown. The Ada County Sheriff's Office would continue to assume all facility and operational management as long as each stakeholder continues to provide their financial share of the operating costs. Attached are detailed estimates of the capital and operational expenses. The following depicts the appropriations to each City and the County using these estimates. We fully anticipate that we will realize even more financial efficiencies as we move through this process and will adjust these figures to reflect these savings. TOTAL ESTIMATED OPERATIONAL COST _ $830,570.00 City Population % Estimated __ Boise 195,838 59% $244,581 _ __ __ Meridian 41,869 13% $52,290 Eagle 15,166 _ 5% _ $18,941 _ Garden City 12,891 4% $16,100 _ Kuna 9,244 _ 3% $11,545 _ ~ Star 2,255 1% __$2,816 _ ___ Unincorporated T 55,259 _ 17% ~T_ __ City Total $346,273 ~T ~ County Total_ ~ $484,296 Page 3 EXECUTIVE SUMMARY CAPITAL COSTS BUILDING EXPENSE Cost er sq. foot Total Building Expense $3,000,000 FIXED EXPENSES -SUPPLIES D~esc-ription AI Ep Cost $1,300 ~ Alco Breathal zer Sensors $1,300 Computers/Printer $10,000 Furniture -Group Room $2,700 Furniture -Offices I $2,400 EKG Machine ~ $6,500 Exam Table $1,200 __ Garbage Cans i~ $850 Gloves $1,000 ISTAT $10,000 IV Stands $625 Jump Kit $500 _ (Lamp Mobile Thermometers $350 $500 Pharmacy Start Up ~ $868 ~ - Phlebotomy Chair _ _ Physicians Scale ; $500 _ $300 ~, _ Pulse Oximeter ~ $750 Refrigerators _ $490 Stethoscopes _ $250 Stool f/ Exam $300 Suction Unit $600 Vitals Machine i $3,000 Opthal Wall Mount Dia nostic Oto, ~ $2,100 _ Washer/Dryer _ $2,000 Wheelchairs $600 _ _ Total Fixed Expense _ $50,983 TOTAL CAPITAL COSTS __ ~ $ 50,983 Page 4 EXECUTIVE SUMMARY r OPERATIONAL COSTS STAFFING EXPENSES Position # Of FTEs Salary/Benefits Totals Ph sician (contractual hours $7,020 PA 0.25 $76,200 $19,050 RNs 3 $72,500 $217,500 CNAs 3 $42,000 $126,000 MSW 1 $61,200 $61,200 CADC 1 $52,200 $52,200 Securit 2 $67,500 $135,000 Clerical Support 2 $42,000 $84,000 Total Staffing Costs 12.25 $701,970 VARIABLE EXPENSES Description Yearly Cost Biohazard Waste $750 Books/Dues/Subscriptions Cleaning Supplies $750 $1,500 ~~ Food Services $30,000 Labs $63,000 Medical Supplies $5,000 Minor E uipment $2,000 Office Supplies $2,250 Pharmacy Medications Repair/Maintenance TraininglTravel Total Variable Expenses $16,000 $1,500 $5,850 728,600 TOTAL OPERATIONAL COSTS _ $830,5701 Page 5 ~ ~ EXECUTIVE SUMMARY CONCLUSION To some, having the Center attached to the Jail will be disturbing because of the custodial perception it may have. We believe that much of that can be overcome with a separate entrance and physical features that make it distinct from the Jail. Overall, it appears that by sharing the efficiencies of staffing and support services with the Jail, we will be cutting the costs of the facility by anywhere from 50 to 75 percent in both construction and operation, thereby probably making the difference between desire and reality. THE FUTURE Ada County must press forward soon with our plans to build the medical facility for the Jail. If we can obtain financial commitment from each major stakeholder within the next few weeks, then it is our intention to work with several stakeholder groups to quickly develop the preferred physical design as well as the operational plan. We hope to rely heavily on the medical centers, the Detox Committee organized by Mayor Bieter, United Way and others to make this a sustainable facility that will provide a level of community service that unfortunately doesn't exist today. Page 6 C September 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT Mayors Office ITEM NO. 6-B-2 REQUEST Discussion of Draft Pseudoephedrine Ordinance 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 P ~~~' ~~ Date: Phone: gran mmais: Materials presented at public meetings shall become property o} the CHy of Meridian. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree C ~. .., •+ rah} ~,M YY~{~ crrY of ~!tiA~l ~` C~erl~i~-n ~.- ll IDAHO To: Mayor Tammy de Weerd From: Ted Baird, Deputy City Attorney Re: Revised Draft of Pseudoephedrine Ordinance Date: September 9, 2005 City AltorneylHR Department 33 E. Idaho Ph.# 888-4433/Fax 884-8723 William L.M. Nary City Attorney/HR Director Ted W. Baird Deputy City Attorney ~~. ,~ _.. The attached draft ordinance, dated September 9, 2005, is an attempt to incorporate all of the input we have received on the previous draft. The "precursor" language has been eliminated and the sole focus of the ordinance is on regulation of pseudoephedrine in tablet form containing more than 20mg of the ingredient. The 20mg cutoff will allow pediatric doses to remain unregulated, and anecdotal evidence suggests that the lower dose pills have not been subject to abuse to the same extent as full strength tablets. The term "locally regulated pseudoephedrine products" was created to identify the products that will be regulated under the ordinance and differentiate them from other products containing pseudoephedrine in lesser amounts or in non-tablet form that will remain on open shelves. Evidence was presented that methamphetamine has been produced in DEA labs from liquid and gel capsules, buYthose forms of pseudoephedrine have not yet become the subject of abuse at the retail level. Accordingly, this version of the ordinance continues to exempt liquids, liquid capsules, and ge] capsules from regulation. Requests were made to require that the purchaser produce positive ID, but the consensus of the Treasure Valley Partners seems to be that the age requirement is less intrusive and more palatable to the general public. Finally, a request was made to limit the total amount that could be purchased by an individual in any 30 day period to 9 grams of the product. This requirement was not included in the ordinance because the consensus was that the retailers would find the logging and bookkeeping requirements overly burdensome. DRAFT September 09, 2005 ORDINANCE NO. AN ORDINANCE, SETTING LIMITATIONS ON THE OVER-THE- COUNTERDISTRIBUTION OF CERTAIN PSEUDOEPHEDRINE PRODUCTS; PROVH)ING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, methamphetamine is anillegal drug that is produced using legal substances such as pseudoephedrine, which is contained in certain over-the-counter medicines sold in retail outlets; and, WHEREAS, methamphetamine is produced and disttibuted in our communities with negative social effects, including harm to children, families, increasing crime and property damage; and, WHEREAS, the production of methampl significant health and safety risks such as thee: clan environmental hazards from production bypro~u WHEREAS, the legislature of the State o control pseudoephedrine products thi(t,have been counter distribufion; and, WHEREAS, the City Council of the City in the best interest of the health, safety pseudoephedrine NOW TH CITY OF OVER- Definitions. City IT;QRDAINED BY THE CITY COUNCIL OF THE as touows: Ordinances, City of deems it to be of the City of of certain Idaho, is OF PSEUDOEPHEDRINE PRODUCTS The following definitions shall apply in the following section: (a) "Locally Regulated Pseudoephedrine Products" in illegal labs can cause -e, explosion, and s not enacted any laws to for dispensing or over-the- (i) a drug or product containing as its sole active ingredient pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers; or (ii) a combination drug or product containing as one of its active ingredients pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers. (iii) this term includes only compounds, mixtures, or preparations that are in tablet form containing more than 20mg of pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers. (iv) this term does not include any compounds, mixtures, or preparations that are in gel capsule, liquid capsule, or liquid form. (b) "Over-the-counter distribution" means a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription. (c) "Retailer: any person, conducting business within '! the-counter drug product contain ultimate user or consumer of tha 6ted! acts retailer or employ in a single transac !(a) pseudoepl (b) or other business entity who sells or furnishes any over- ripe to any person who is the be unlawful withinjthe incorporated limits of the city for any ;e thereof to knowingly to sell, transfer, or to otherwise furnish aon; More than three packages of any locally regulated ~drine product prepared for over-the-counter distribution. A locally regulated pseudoephedrine product prepared for over- ''distribution to a person under the age of 18 years. established in this section shall not apply. to any quantity of product dispensed pursuant to a valid prescription. Section 3 - Accessibility of Pseudoeuhedrine Products. A retailer that offers for sale locally regulated pseudoephedrine products prepared for over-the-counter distribution shall ensure that all packages of the drugs are displayed and offered for sale only through vendor assisted sales where the customer has no access to the product except through the assistance of an employee of the retailer, as follows: (a) all locally regulated pseudoephedrine products shall be stocked in a locked display case or behind a checkout or customer service counter where the public is not permitted; and (b) all sales of locally regulated pseudoephedrine products shall be conducted through an employee of the retailer and cannot be conducted by aself-service checkout system unless the self-service checkout system contains a requirement that an employee of the retailer verify the age of the purchaser and the quantity of the purchase before the transaction can be completed. Section 2: PENALTY: It shall be unlawful and punishable as a misdemeanorto violate any of the provisions of this Chapter. Section 3: SEVERABILITY If any provision or section of this Ordinance shall beheld to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this!Ordinance, which shall remain in full force and effect. Section 4: That pursuantto the affirmative vote of City Council, this Ordinance shall be in full force and effect upon its passage, approval and publication MAYOR September 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING September 20, 2005 APPLICANT City Attorney -- Bill Nary ITEM NO. l~-C-1 REQUEST Discussion of Ordinance Amending Title 1, Chapter 11, Section 4 of the Meridian City Code regarding Annexation AGENCY COMMENTS CITY CLERK: I CIN ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Sea altachgd CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING CITY WATER DE CITY SEWER DE CITY PARKS DEI MERIDIAN SCI ADA COUNTY SANITARY SER' CENTRAL NAMPAI SETTLERS IDAHO P US WEST: MERIDIAN P~ OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Matedals presented of public meetings ahgll become properly of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. ~5~ BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE AMENDING TITLE 1, CHAPTER 11, SECTION 4 OF THE MERIDIAN CITY CODE REGARDING ANNEXATION; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 11 Section 4, of the Meridian City Code is amended to read as follows: 1-11-4 ANNEXATION, A. Limitations: Annexation by the City shall be limited to those lands lying within the area of impact and being contiguous or adjacent to the City limits of the City- e, xceat went has requested annexation incompliance with the procedures set forth in Idaho Code section 50-222 et sea. B. Application Of Provisions: Upon annexation, the provisions of this Chapter, which is the agreement between the City and Ada County, shall no longer apply to the annexed area. (Ord. 545, 11-20-1990) Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 20~ day of~~irrv~-G~ , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~.,/rati•.• , 2005. `~,` ©~ G\ r~ 0 CLERK ANNEXATION ORDINANCE 8El1L = \C ~~, ,, ~~ J day of Page 1 of 1 BEFORE THE MERIDIAN CITY COUNCIL C/C September 20, 2005 IN THE MATTER OF THE APPLICATION OF VISION FIRST, LLC FOR FINAL PLAT APPROVAL OF 53 SINGLE-FAMILY RESIDENTIAL BUILDING LOTS AND 20 COMMON LOTS ON 18.25 ACRES IN AN R-2 ZONE LOCATED 4070 SOUTH EAGLE ROAD IN A PORTION OF LOT 11, BLOCK 2 OF THE DARTMOOR SUBDIVISION WITHIN A PORTION OF THE SOUTH'/: OF THE NORTHWEST'/, AND THE NORTH'/: OF THE NORTHWEST OF THE SOUTHWEST '/ OF T. 3N., R. lE., SECTION 28 CASE NO. FP-OS-056 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on ,and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 20, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO. 1 / (FP-OS-056) Page 1 of 4 1. The Final Plat of "PLAT SHOWING KINGSBRIDGE SUBDIVISION NO.1 LOCATED IN A PORTION OF LOT 11, BLOCK 2 OF THE DARTMOOR SUBDIVISION WITHIN A PORTION OF THE SOUTH % OF THE NORTHWEST ''/a, AND THE NORTH %z OF THE NORTHWEST''/a OF THE SOUTHWEST''/a OF T. 3N., R. lE., SECTION 28, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 08/21/05, SHEET 1 OF 8, FOX LAND SURVEYS, INC.", VISION FIRST, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 20, 2005, listing 30 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIltEMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 7 pages, and by this reference incorporated herein, and the response letter from The Land Group, Inc. a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the response letter from Nampa & Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "C", and consisting of 2 pages, and by this reference incorporated herein. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDNISION NO. 1 / (FP-OS-056) Page 2 of 4 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: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHING5 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 maybe 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 propertywhich may be 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 20 ~ day of ~}PfYI ~ / , 2005. ORDER OF CONDTfIONAL APPROVAL OF FINAL PLAT FOR KIIVGSBRIDGE SUBDIVISION NO. 1 / (FP-OS-056) Page 3 of 4 By: ,,,,,,.iu iirr,,,,p,,TaYnTny ~ y O~ ~~Vlayor, Cit Meridian Attest: ~~ G~~ "L ~% ,Q 0 William G. Berg, Jr., C erk ,p v~ ,~~ Copy served upon Applicant, the Plarufrgg~a'p~j~~gg~g~artment, Public Works Department, and Clty Attorney. ~~m r r r n u n~~"~~~ ~//__ /D By: J~"l~Uln?~~ Dated: ~~/-.3~"©~ City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KINGSBRIDGE SUBDIVISION NO. 1 / (FP-OS-056) Page 4 of 4 CTTY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: September 20, 2005 Transmittal Date: September 16, 2005 Mayor & City Council r e. P+" ~,~ UrY i1P' ~I L`~, ^. ~ ''t: C~ri~ir~n ,~ ;, I iu.~rto L~ 4~ -~k K47~IeaN AO \~NYN ~~ Sonya Watters, Assistant City Planner t3"" Michael Cole, Development Services Coordinator ~ C- Kingsbridge Subdivision No. 1 Request for a Final Plat Approval of Kingsbridge Subdivision No. 1 Consisting of 53 Single-family Residential Building Lots and 20 Common Lots on 18.25 Acres in an R-3 Zone by Vision First, LLC (File# FP-OS-OS~ We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Vision First, LLC, has applied for fmal plat approval of the first phase of Kingsbridge Subdivision. This phase includes 53 single-family residential building lots and 20 common lots on 18.25 acres in an R-3 zone. The gross density of this phase is 2.9 dwelling units per acre and the net density is 4.73 dwelling units per acre. This phase is located on the east side of S. Eagle Road, approximately''/z mile south of E. Victory Road, in the W %z of Section 28, T.3N., R.lE. Kingsbridge Subdivision is designated as being in the R-3 zoning district; however, as part of the Unified Development Code amendments, the City has (or will) rezone all existing R-3 districts as R-2 A Conditional Use Pennit/Planned Development was approved for this subdivision that included a reduction to the minimum street frontage requirement in an R-3 zone to 60-ft. for non cul-de-sacs lots and 30-ft. for cul-de-sac lots; a reduction in the minimum lot size to 12,000 s.f; and the maximum block length allowed to extend to 1,325 feet. Amenities provided in this phase as part of the planned development are a community park, swimming pool with changing rooms, a barbeque area, picnic table, and a tot lot. The common area lots within the subdivision consist of landscaping, open space, storm drainage, and a park, and will be maintained by the Kingsbridge Subdivision Homeowners Association. The pressurized irrigation system within this development is to be owned and maintained by the Homeowners Association. The final plat for this phase substantially complies with the approved Preliminary Plat, although please note that staff has noted an issue below for your special consideration. Staff recommends approval of Kingsbridge Subdivision No. 1 with the comments and conditions stated in this report. Exhibit "A" FP-OS-056 Kingsbridge Subl FP.doc PAGE 1 ( ~ CTTY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT CITY COUNCIL SPECIAL CONSIDERATION A pond was added to Lot 8, Block 1, adjacent to S. Eagle Road which affected the lot size and configuration of Lot 2, Block 1. This is a change from what was approved on the preliminary plat and required in the Development Agreement. Item number 8, page 5 of the Development Agreement reads as follows: "To ensure that significant density changes are not made to Kingsbridge Subdivision between preliminary and final plat approvals, no changes will be made to the plat dated April 5, 2005, except changes required by governmental agencies which do not increase density or daily vehicle trips to and from Kingsbridge. All perimeter lots in Kingsbridge Subdivision shall remain as single home residential lots that cannot be further subdivided or split as part of the Kingsbridge Subdivision. Except for minor lot size adjustments between adjacent perimeter lots, no perimeter lot in Kingsbridge Subdivision shall be reduced in size below the square footage shown on the preliminary plat dated April 5, 2005. These agreements shall be included as notes on the face of the Kingsbridge Subdivision plat and shall be stated in the recorded Kingsbridge Declaration of CC&R's. A copy of the preliminary plat will be included as a condition of approval in the Development Agreement executed by Vision First and The City of Meridian." The original size of Lot 2, Block 1 was 20,031 s.f.; the final plat shows 16,421 s.f, for a difference of 3,610 s.f. from the approved preliminary plat. This change will not affect density or daily vehicle trips as noted in the Development Agreement. However, the reduction in the lot size is more than a minor adjustment from the approved preliminary plat, and the subject lot is a perimeter lot abutting Dartmoor Subdivision. Staff believes the proposed configuration does meet the intent of the condition Staff has asked the applicant to obtain a letter from the Dartmoor Homeowners Association agreeing to this change. Council should make a determination as to whether or not this is a significant change to the approved preliminary plat and/or the Development Agreement. The applicant states that the proposed irrigation pond is similar to the one in Dartmoor Subdivision. The intent is to provide storage for the diverted water rights from Ten Mile Feeder Canal. The pond water will be pressurized for urban irrigation use. The pond also receives irrigation water from the improved Nine Mile Creek. The pond surface water elevation is designed to be drawn down based upon demand through an in-take pumping system. Excessive irrigation supply to the pond is hydrostatically controlled by an overflow structure. Aesthetic elements have also been incorporated to bring out the pond characters, including a grand monument sign with water feature cascading down the pond. SITE SPECIFIC REQUIREMENTS Applicant is to meet all terms of the approved Annexation (AZ-OS-003), Preliminary Plat (PP-OS- 004), Conditional Use Permit (CUP-OS-004) and Development Agreement (Inst. No. 105092050). 2. Revise the following notes on the face of the plat dated 8/21/05, prepared by Fox Land Surveys, Inc.: (2.) `...or as allowed by Conditional Use Permit (CUP-OS-004." Add a second sentence, "Setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." (4.) Add Lots 10 & 11, Block 1 as being restricted to a single story residence (8.) `...Homeowners Association and shall be kept free of weeds and debris and is subject to a 60-ft. wide irrigation easement." (Include the instrument number of the recorded easement and who the easement is in favor of.) Exhibit "A" FP-OS-056 Kingsbridge Subl FP.doc PAGE 2 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT (9.) ......Kingsbridge Subdivision Homeowners Assesiateix Association, a portion of this lot has a dedicated City of Meridian sanitary sewer and water easement." (13.) "All lots within this subdivision have a utility, drainage, and irrigation easement as follows: ten foot wide along the subdivision boundary and street rights-of--ways and ten foot wide centered on the interior lot lines unless otherwise dimensioned. "'~-la`s „1,..44:«.. 4L... ....1..1:. :..:,.« «1....... 1:«,~ 1....... .. F ,.4 ...:,lo .. t:l: t.. ,7....:«....o ..«.l ;.«.....4;.... 4..« C «4 ...:Ao e....o«.0«4 ...:11 L.o ,...«4,...«A ..-.,_« 41... «1....... I:«,. ~ (15.) Add a note referencing the approved Development Agreement Instrument No. 105092050. (16.) Add a note stating "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch that crosses there lot unless such responsibility is assumed by an irrigations/drainage district " (17.) Add a note stating "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." Submit three copies of the revised final plat to the Planning Department prior to signature on the final plat by the City Engineer. 3. All fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. Fencing must taper down to 3 feet maximum within 20 feet of all right-of--way. Temporary construction fencing to contain debris shall be installed along the eastern boundary of this phase unless permanent fencing already exists around the subdivision boundary. 4. Fencing on the north side of Lot 9, Block 1, shall be completed prior to issuance of the first building permit in Kingsbridge Subdivision. 5. Graphically depict an easement 10-feet each side of the City Sewer main and City Water main that runs through Lot 13 Block 1. Reference this easement in plat note (9.). See Site Specific comment #2 above. 6. Graphically depict on the face of the plat the 60 foot wide easement located within Lot 9, Block 1, and Lot 16, Block 3, including instmment number. 7. Dedicate a blanket City Sewer and Water easement on Lot 1 Block 8, said easement shall be clear of large landscaping and other fixed vertical objects; or reroute the sewer and water mains to avoid crossing this landscape feature. See site specific comment #16-f below. 8. Graphically depict a 5-foot wide Public Utilities, Drainage and Irrigation easement in the following locations, the will be interior lot lines to future phases. a. Eastern boundary of Lot 2, Block 11. 9. Graphically depict an 8-foot wide Public Utilities, Drainage and Irrigation easement in the following locations: The extra width is necessary to accommodate an irrigation main. a. North boundary of Lot 9, Block 9. b. South boundary of Lot 1, Block I. This easement maybe deleted if the irrigation main is relocated to the south side of the property line in the adjoining common lot. Exhibit "A" FP-OS-056 Kingsbridge Subl FP.doc PAGE 3 < < CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 10. The applicant shall install a sign on Lot 13, Block 1, informing construction personnel that they must use Kingbridge Drive, not Dartmoor Drive, as access to the site. Further, the applicant shall install a sign on both sides of Kingsbridge Drive, on Lot 1, Block 3, and Lot 8, Block 1, identifying Kingsbridge Drive as the only entrance far construction traffic. 11. Common driveways are not allowed to be designated as private roads; remove the street name "S. Tavistock Ct." from the plat. 12. Lot 1, Block 11 shown on sheet 3 of the plat should be revised to read "Lot 1, Block 9". 13. Complete the CP & F numbers on the face of the plat. 14. In the "Sectional location" on all pages of the plat, revise to include Meridian before Ada County. 15. The existing house on Lot 9, Block 9 shall be hooked up to City services once they are activated and finaled. The applicant shall be responsible for the payment of assessments and the physical hook-up. 16. Revise the note for the common drive on Lot 13, Block 3 shown on sheet 4 of the plat, to read "See note X14". 17. Prior to signature on the final plat by the City Engineer, all structures on Lots 1, 2, and 8, Block 1 shall be removed. 18. This subdivision shall be required to meet the dimensional standards of the R-2 zoning district except for reductions approved through the conditional use permit. 19. For all street bulb-outs with landscape islands, paint the curb red and provide signage "No. parking fire lane." All roadways shall have a turning radius of 28-feet inside and 48-foot outside. 20. Sanitary sewer for this project is being proposed via extension of mains located in South Eagle road. The applicant shall be responsible for installing mains to and through this development, coordinate mains size and routing with the Public Works Department. Standard forms of easements are required for any mains that are required to provide service. 21. Water service is being proposed via extension of mains in South Eagle Road. The applicant will be responsible to construct water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains or facilities that are required to provide service. 22. The Landscape Plan, prepared by The Land Group and dated 6/27/05, shall be revised as follows: a. Extend a sidewalk across the landscape buffer from Lot 9, Block 3 to E. Kingbridge Drive and install a gate in the proposed fence for property owner access for trash service; revise plan accordingly. b. Vinyl privacy fencing is required along the north side of Lot 9, Block 1 and along the south side of Lot 16, Block 3; revise plan accordingly. c. Widen the gravel shoulder along S. Eagle Road to 10 feet per MCC 12-13-10-9. d. The mixtitnum width of the parkway area between the (future) curb & sidewalk along S. Eagle Road is five feet per MCC 12-13-10-8; relocate the sidewalk within the buffer area accordingly. Exhibit "A" FP-OS-056 Kingsbridge Subl FP.doc PAGE 4 ~~ ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT e. Berm cross-section A-A (detail E) shown on L1.2 must be revised to show a five foot tall berm (maximum 4:1 slope). f Remove the trees shown in Lot 1, Block 8, as they are located over a water & sewer easement. g. Remove the tree located within the Ten Mile Feeder Canal easement on Lot 9, Block 1. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. 23. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas must be less than 3:1 for accessibility and maintenance. Storm drainage facilities must be in compliance with MCC 12-13- 14-2. 24. The applicant shall develop a grading and drainage plan for the five lots on the northwest corner of the subdivision. 25. Install an aerator in the pond located on Lot 2, Block 1 to avoid a mosquito breeding problem created from stagnant water. 26. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 27. All irrigation ditches, laterals, and canals (including the Ten Mile Feeder) intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. The applicant has indicated that the Army Corps of Engineers and Boise Project Board of Control do not want their facilities in this development to be piped. Staff is supportive of this decision. The applicant shall submit documents from these entities prior to signature of the final plat. 28. Prior to signature of the final plat by the City Engineer, submit a signed agreement between the applicant and the Boise Project Board of Control regarding operation and maintenance of facilities associated with the Ten Mile Feeder Canal. 29. Complete the Certificate of Owners and its accompanying Acknowledgement. 30. Staffs failure to cite specific ordinance provisions or terms of the approved Preliminary Plat, Conditional Use Permit or Development Agreement does not relieve Applicant of responsibility for compliance. Exhibit "A" FP-OS-056 Kingsbridge Subl FP.doc PAGE 5 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT GENERAL REQUIREMENTS 1. 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. 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. 3. 250 and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. 13. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 14. A letter of credit or cash surety in the amount of 110% well be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Exhibit "A" FP-OS-056 Kingsbridge Subl FP.doc PAGE 6 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 15. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Kingsbridge Subdivision No. 1 with the above stated comments & conditions. Please note the special consideration issue regarding the perimeter lot in your action. Exhibit "A" FP-OS-056 Kingsbridge Subl FP.doc PAGE 7 Sonya Wafters From: Kerby Kirkham [kerby@ihelandgroupinacom] Sent: Tuesday, September 20, 2005 12:00 PM To: watterss@meridiancity.org Subject: Kingsbridge Final Plat Sonya, I have read over the staff report for the final plat for Kingsbridge Subdlvision. At this point, I do not see any major problems with any of the listed comments. I do have a couple points of clarification. The firs[ comment I have is on the notes on the plat. Our only stipulation that we have to any of these is that they also have to go through [he Ada County Surveyor office. They sometimes reject some of the notes that can be required from other agencies. We do agree to the notes that you require but [hey are subject to the County Surveyor's review. In regards to the pond located adjacent to Lot 2, Block 1, there is no other reasonable place to put this pond as this became necessary once we got deeper into the irrigation design for this subdivision. We agree with staff comments on this but I just wanted to emphasize that we could not do much of anything else and did not want to reduce the size of Lo[ 2, Block 1 but it became the best option available given the irrigation parameters we had to work with. We did not reduce this lo[ to make other lots larger and so as you stated the proposed configuration should meet the intent of the condition. Site specific Comment #7 talks about a utilities easement on Lot 1, Block 8. We will do what we need to to keep the tree(s) in this lot and will either move the utilities or dedicate what is required for an easement so as to allow for the landscaping. Site Specific Comment # 22c,d: There is not room to widen the gravel shoulder to 10' wide. Our design is per the Ada County Highway District Standards and will meet all of their requirements. Comment #24 talks about a grading plan for the five lots on the northwest corner of the site. We do have a grading plan submitted with the construction documents that does address those tots. Please refer to this for grading in that area. We agree with what you have stated In regards [o the irrigation laterals in site comment #27. We plan [o file the other irrigation ditches that are located on this property (most of which will be in the later phases). As you stated, the Corps of Engineers will not give us approval for the reaflgnment of Nine Mile Drain if we file it. The only way to be able to realign this ditch is to keep it open per the USACE regulations. The Ten Mile Feeder is a large ditch and the Boise Project Board of control as well as the Nampa Meridian Irrigation District (they own the ditch directly downstream of the site) do not want this feeder canal to be tiled. We will take all necessary precautions to provide Sor the safety around the ditch which lies within a 60 foot easement. I believe this is all that I had to comment on at this point. If I have any further questions on this, I will let you know. Please contact me if you have any questions on anything I have responded to. Thank you. 9/20/2005 F.xhibir "n" Page 2 of 2 Kerby Kirkham, P.E., Project Engineer 462 E. Shore Drive, Suite 100 Eagle,]D 83616 ph.208-939-4041 x114 fax 208-939-4445 email: kerby~thelandgroapinc.com Eshihit "li" 9/20/2005 . . c.:,.y ~,, J,;.;Lll:;~. /(.R,Cif2~ ~ I/P~'JZG~l2 ~filLffJ.!q~C~GL L/GQ.flLGCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 6 September 2005 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RF.: FP OS-056/Kingsbridge Subdivision No. 1 Dear Will: Phones: Area Code 208 OFFICE: Nompa 466-7861 SHOP: Nampo 466-0663 Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must he protected. The District's Ten Mile courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ~~~~.~.. Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Crew Foreman File -Office/Shop APPRO%IMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 27,000 Exhibit "C" BOISE PROJECT RIGHTS - 40,OOD i~ I~~:~~7~~i,;~~ 1503 FIRST STREET SOUrH NAMPA, IDAHO 83657 -4395 fAX H 208-463-0092 Pftones: Area Code 208 OFFICE: Nampo 466-7861 The Land Group, InC. SHOP; Nompa 466-0663 Kerby Kirkham 462 E. Shore Drive, Suite 100 Eagle, ID 63616 RE: Land Use Change Application - Kingsbridpe Subdivision No. 1 Please note the District now reouires three (31 sets of clans Dear Mr. Kirkham: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Dic4ted by Ms. Moore 2nd ma sd vnthoul signature in hey nu>snce la avoid delay Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Vision First, LLC, 661 N. Rivershore Lane, Suite 120, Eagle, ID 83616 Kingsbridge Properties, LLC, 661 S. Rivershore Lane, Ste 120, Eagle, ID 83616 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 Exhibit °C" BOISE PROJECT RIGHTS ~ 40,OOD 9 September 2005 ~~ ~ ~ I~ BEFORE THE MERIDIAN CITY COUNCIL C/C September 20, 2005 IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT, LLP FOR FINAL PLAT APPROVAL FOR 55 SINGLE- FAMILY RESH)ENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 20.81 ACRES IN AN R-4 ZONE LOCATED SOUTH OF WEST MCMILLAN ROAD AND WEST OF NORTH CINDER ROAD IN T. 4N. R. 1W., SECTION 35 CASE NO. FP-OS-058 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on September 20, 2005, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant CityPlanner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 20, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BRIDGETOWER CROSSING SUBDIVISION NO. 13 LOCATED IN T. 4N., R. 1W., SECTION 35, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 08/01/05, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 13 / (FP-OS-058) Page 1 of 3 SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", PRIMELAND DEVELOPMENT, LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 20, 2005, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and con•ect 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 Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, 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. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 13 / (FP-OS-058) Page 2 of 3 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 2~ day of ~pbe.mbW , 2005. By: ```~, 1111111111111/„~/'/,,, Tammy e eerd ~~`` ~~ .r,~l ~ ,Mayor City of Meridian ,~ Attest• ~RA~, o 9~d~L William G. Berg, Jr., ty lerl~ 9 y Copy served upon Applicant, the ~~~'~ r ~ e~artment, Public Works Deparhnent, and City Attorney. ~''~~,, DUNTY , ~,,~~`~ /,, ~~lll iii ~• ii 11111,1 By: sV IGI/1 ~Yl ~c ~~. , Dated: ~ ` ~ - ()~'~ City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO. 13 / (FP-OS-058) Page 3 of 3 ~ ~. CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT ~ '~ ~~ STAFF REPORT: Hearing Date: September 20, 2005 ~'~~~,~ ~ t.- nr ~~~ Transmittal Date: September 15, 2005 ~~~ Y L[JrF~l~~ `~ ~~ 111.AHU l TO: Mayor & City Council ~ - /~ `*`", X .. ~ Y4 Tin: \!Nil~-', ~ 9~~ FROM: Sonya Watters, Assistant City Planner Michael Cole, Development Services Coordinator ~ C SUBJECT: Bridgetower Crossing Subdivision No. 13 Request for a Final Plat Approval of Bridgetower Crossing Subdivision No. 13 Consisting of 55 Single-family Residential Building Lots and 5 Common Lots on 20.81 Acres in an R-4 Zone by Primeland Development, LLP (File# FP-OS-058) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland Development, LLP, has applied for final plat approval of the thirteenth phase of Bridgetower Crossing Subdivision. This phase includes 55 single-family residential building lots and 5 common lots on 20.81 acres. The gross density of this phase is 2.64 dwelling units per acre and the net density is 3.18 dwelling units per acre. This phase is located approximately''/z mile west of N. Linder Road and % mile north of W. Ustick Road, in the E % of Section 35, T.4N., R.1 W. The subdivision is located in an R-4 zone and has been approved as a planned development. The minimum house size within the subdivision is 1,400 square feet, excluding the garage. The Preliminary Plat was approved under the name of Bridgetower Crossing East Subdivision. The approved Planned Development (CUP) allowed for increased block lengths and a reduction in street frontage to 69 feet for single family residential lots in this subdivision. The common area lots within the subdivision consist of landscape and pathway lots, and will be maintained by the Bridgetower Crossing Homeowners Association. The pressurized irrigation system within this development is to be owned and maintained by the Bridgetower Crossing and Verona Homeowners Associations. The final plat for this phase shows a total of nine building lots more than was approved with the preliminary plat and the lots were subsequently made smaller. Also, a drainage lot that was proposed in Block 42 was removed as drainage is now located in roadside swales. Staff has no concerns because the proposed total number of lots is still consistent with the number of lots approved for the preliminary plat. (Previous phases of the preliminary plat removed building lots.) Therefore, staff finds that the proposed final plat substantially complies with the preliminary plat. Staff recommends approval of Bridgetower Crossing Subdivision No. 13 with the comments and conditions stated in this report. Exhibit "A" FP-OS-058 Bridgetower Crossing Sub13 FP.doc PAGE 1 (~ ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT SITE SPECIFIC REQUIItEMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-02-014), Conditional Use Permit (CUP-Ol -006) and Development Agreement (Inst. No. 101117652). 2. Sanitary sewer service to this site is being proposed via sewer mains installed in previous phases of this development. The applicant shall be responsible to construct sewer mains to and through this proposed development.. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub- grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 3. Water service to this site is being proposed via existing mains installed in previous phases of this development. The applicant shall be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. Submit a copy of the executed encroachment agreement with Settler's Irrigation District, for all of the lots along the northern boundary of this phase in Block 33 than encroach within the 35-ft. wide Coleman Lateral easement indicating how the land underlying the easement may be used, prior to signature on the final plat by the City Engineer. If encroachment is not granted, the easement area will need to be removed from the building lots. 6. The portion of the Settlers hrigation Coleman Lateral Easement that falls into this phase and is graphically depicted on the plat may cause some to believe there is a graphically depicted 5-foot wide easement that supersedes the standard 10-foot wide back property line easement. Either graphically depict the 10-foot wide Public Utilities, Drainage and Irrigation Easement or specifically name those lots, in a plat note, to be subject to the standard 10-foot wide Public Utilities, Drainage and hrigation easement. 7. All fencing shall be in compliance with MCC 12-4-10. 8. Fencing along micropaths shall be consistent with existing micropath fencing approved in previous phases of Bridgetower Crossing Subdivision. 9. The Landscape Plan, prepared by Harvest Design and dated 8/22/05, is approved as submitted. 10. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas must be less than 3:1 for accessibility and maintenance. Storm drainage facilities must be in compliance with MCC 12-13- 14-2. Exhibit "A" FP-OS-058 Bridgetower Crossing Sub 13 FP.doc PAGE 2 (~ ~~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 12. Complete the Certificate of Owners and its accompanying Acknowledgement. 13. The Certificate of Owners appears to be missing the "bearings and distances" of a portion of the western outer boundary of this proposed development. The applicant shall confirm this information and make the necessary corrections. 14. Staffs failure to cite specific ordinance provisions or terms of the approved Preliminary Plat, Conditional Use Permit or Development Agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-5. Wells may be used for non-domestic purposes such as landscape irrigation. 3. 250 and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots. receiving engineered backfill. 5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street fmish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Pemutting that maybe required by the Environmental Protection Agency. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit "A" FP-OS-058 Bridgetower Crossing Sub13 FP.doc PAGE 3 (~~ ~ CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. 13. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 14. A letter of credit or cash surety in the amount of 110% well be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 15. 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. 16. 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. STAFF RECOMMENDATION Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 13 with the above stated comments & conditions. Exhibit "A" FP-OS-058 Bridgetower Crossing Sub13 FP.doc PAGE 4 ENGINEERING planning andengineering communilieslor IAe lulme SOLUT/ONSttP September 16, 2005 Mayor and City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Bridgetower Crossing Subdivision No. 13 (Final Plat) File No. FP-OS-058 Dear Mayor and Council: ]50 Eas[ Aikens Streel, Suite 13 Eagle,ID 83676 Phone: (208)938-0980 Fax: (208)938-0941 E-mail: es-bcckym~~gwest.net We have reviewed staff comments for the hearing date of September 20, 2005, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will meet all terms of the approved preliminary plat (PP-012-014), conditional use permit (CUP-Ol-006) and development agreement (Inst. No. 101 ] 17652). 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. g. The applicant will comply. 9. Noted. 10. The applicant will comply. C:~Documenls and Seuings~shifferb\Local Seaings\I'emporarp Imemcl PileE0l,6 i J9 ecslicspons'c.doc Mayor and City Council Septem ber 16, 2005 Page 2 1 I. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. C\UOCUmenls and Selfings\shifferb\LOCaI Scaings\Tcmpomry Inlemel files\OLK2J\RccsRcsponse.Juc ssnibd ^u° r_ Mayor and City Council September 16, 2005 Page 3 We believe this letter addresses all of your concerns. Please feel free to call me if you have additioual comments or questions. Sincerely, Engineering Solutions, LI,P Becky McKay, Partner Project Manager BM:ss cc: Mr. Frank Varriale C:\D000ments anJ Settings\shiRerb\LOCaI Scllings\Tcmpormy Inlcmel tiles\OLK23\RucsResponsadoc Eshibii "H" ~ .1 C~-n~zJ' //~/a,/3 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Annex and Zone 5.1 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat approval for Twenty-Four (24) Single-family residential lots and Four (4) Other/Common Lots, AND a request for Variance to MCC 11- 9-2D3 for Windwalker Subdivision, by Beckit Development Case No: VAR-OS-018, AZ-OS-030, PP-OS-030 ~~f ' ~ Gi ~ 1,,~,d~ { For the City Council Hearing Date of: September 20, 2005 ~,Q A. Findings of Fact `~'~' Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 20, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-Ol8 -PAGE 1 of 4 C a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Brighton Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits D, E, and F for the findings required for this application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Deparhnent and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated July 14, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant is hereby granted a variance to MCC) 11-9-2BC (Minimum Yard Setback Requirements), to allow an 10-foot street side setback on all lots of Windwalker Subdivision; and The applicant's preliminary plat as evidenced by having CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-03Q,VAR-OS-Ol8 -PAGE 2 of 4 submitted the Preliminary Plat dated July 14, 2005 are hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 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 maybe 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 the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Final Conditions of Approval Exhibit D: Annexation and Zoning Findings Exhibit E: Preliminary Plat Findings Exhibit F: Variance Findings By action of the City Council at its regular meeting held on the ~~ day of 2005. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-018 -PAGE 3 of 4 COUNCIL MEMBER SHAUN WARDLE VOTED__~~ COUNCIL MEMBER CHRISTINE DONNELL VOTED__~~/'~^-' COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ J~ COUNCIL MEMBER KEITH BIRD VOTED--~~ .~^ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, .~ ~ •'; ~~ B~AL ,~ 9 ~ ` p ~'9 ~\ y'/''~~~r~hnm m~~~~W~~\. The Planning and Zoning Department, Public Works Department and C'ty Attorney. j~ BY~~ . ~,~rn ~ ~Q ~~Vl~ Dated: "1-~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-018 -PAGE 4 of 4 EXHIBIT A Windwallcer Subdivision A~OS-030, PP-OS-030 Legal Description DESCRIPTION FOR PROPOSED WIND WALKER SUBDIVISION May 12, 2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00°44'50" E 1327.40 FEET TO THE SOUTH 1/16 CORNER, THE SOUTHWEST CORNER OF THE NW 1/4 OF SW 1/4 OF SAID SECTION 20; THENCE S 89°49'11" E 45.00 FEET TO THE EAST RIGHT OF WAY OF S. LOCUST GROVE ROAD, ALSO BEING THE NORTHWEST CORNER OF SHERBROOK HOLLOWS SUBDIVISION NO. 4,THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE N 00°44'49" E ALONG SAID EAST RIGHT OF WAY 194.95 FEET TO THE SOUTHWEST CORNER OF INGLENOOK SUBDIVISION: THENCE S 89°51'08" E ALONG THE SOUTH LINE OF SAID INGLENOOK SUBDIVISION 1049.72 FEET TO A POINT ON THE WESTERLY LINE OF TARAWOOD SUBDIVISION; THENCE S 41°50'37" E ALONG SAID WESTERLY LINE 263.21 FEET TO A POINT ON THE NORTH LINE OF SAID SHERBROOK HOLOWS SUBDIVISION NO. 4; THENCE N 89°49'11" W CONTINUING ALONG SAID NORTH LINE 1227.85 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION: THIS SUBDIVISION CONTAINS 5.10 ACRES, MORE OR LESS. WAYNE K. BARBER, P.L.S. 8444 EXHIBIT B Windwalker Subdivision PP-OS-030 Preliminary Plat Dated July 14, 2005 S. LOg1Si CADYE AD ~ _- -_-~~ ~ I m ~.__- $ r N ~~13N .S ' ~ ~ `I 1 a I ;~ ~ 3 ,~ ~; S. SIFINEMN. A4F. ~ - - ' Y I o i m ~ ~ I j I I ~ a N N. INGLENGDK AVE. I I ~ ~ i I o 0 Y ~, IIIADUSYkf AVE. m n m o 0 ~a ^' ~ = J ~ n z~ .F '~[ i El m\ A -'i =F m ~`V '[tl ~ ' ~ 9~ ~~ yi ~ m ~ ~~~ j- ~~5 EXHIBIT C Windwalker Subdivision AZ-OS-030 PP-OS-030 Conditions of Approval (With deletions and additions in strikeout/underline) SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. This Staff Report is based upon the preliminary plat prepared by Briggs Engineering on Revision Date July 14, 2005, and is approved with the conditions listed herein. All comments/conditions of the annexation and zoning (AZ-OS-030) application shall also be considered conditions of the Preliminary Plat (PP-OS- 030). 2. Construct E.Horse Creek Street to connect the north right-of--way line of E. Fireside Court to tie in with the 50-feet ofright-of--way for Simmental Lane. 3. Maintenance of all common area lots shall be the responsibility of the Windwalker Homeowners' Association. 4. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing shall be installed in accordance with MCC 12-4-10 5. Set aside a minimum of 5% of the 5.10 acre site for useable common open space, as required. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. The required open spaces are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. 6. Prior to final plat approval by City Council, depict on the preliminary plat the sections of road which will be designated "No Parking" or show areas of off street parking to be provided for visitors to the subdivision. 7. The submitted landscape plan prepared by Murillos Landscape, dated OS-19-OS is approved as submitted, with the following notes/modifications: • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). Coordinate a tree protection mitigation plan with Elroy Huff at the Meridian Parks Department. • Landscape a minimum 25-foot wide buffer in the existing Locust Grove Road right-of--way and execute the required license agreement with ACRD. The landscape buffer along Locust Grove Road shall be planted with trees and Windwalker Subdivision Exhibit C shrubs, lawn, or other vegetative groundcover, with a minimum density of 1 tree per 35 linear feet, as proposed. Said landscape buffer shall be located beyond the required future street right-of--way, as proposed. • Depict a minimum of five-foot sidewalk in the Locust Grove Road Right-of- way or as required by ACHD Conditions of Approval. • All fencing along Eight Mile Creek shall be non-combustible fencing materials. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 8. The Eight Mile Creek shall be fenced appropriately with asix-foot tall non- combustiblematerial and maintained free of noxious materials. 9. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 10. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. The applicant shall provide five-foot detached sidewalks adjacent to Locust Grove Road. The applicant shall also provide five-foot wide attached sidewalks with a rolled curb adjacent to the internal public streets as proposed and in compliance with existing road designs. 11. Add a note to the face of the final plat stating: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." 12. Sanitary sewer service to this site is being proposed from the sewer main in Locust Grove Road and extensions through Inglenook Subdivision. The applicant will be responsible to construct all sewer mains necessary to serve 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. Cover over sanitary sewer mains shall be no less than three-feet from finish grade to the top of the pipe. If cover is less than three-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Windwalker Subdivision Exhibit C 13. Domestic water service to this site shall be via extensions from Inglenook Subdivision. The applicant will be responsible to construct all water mains necessary to serve this proposed development in accordance to Public Works approval. 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. 14. The landscape plan dated 5/19/2005 shows trees planted on each lot line. 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 sepazation requirement and comply with all landscape requirements. 15. If any water meters are located in common driveways shall be constructed of traffic rated materials per Meridian Public Works Standard Detail 7.05 (w) note 3 and Section 3.4 A.-5. 16. Direct lot access to Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to Locust Grave Road. 17. A groundwater report from a Professional Geo-technical Engineer or Professional Soils Scientist shall be submitted to the Public Works Department. The consultant shall use any means deemed necessary to formulate is opinion on the groundwater elevations in this proposed development. The report shall be submitted to the Public Works Department a minimum of 10-days prior to their City Council Hearing Date. 18. The preliminazy plat indicates that a storm drainage retention area is being proposed in common Lot 9, Block 1, but has not indicated with what means it will discharge subsurface or other means. The applicant shall revise the preliminary plat to indicate the means of discharge for the storm water. 19. Any existing domestic wells and/or septic systems appurtenant with the existing house or other 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. 20. Any existing structures must be removed prior to the signature on the final plat by the City Engineer. 21. TTi ~v-r¢aa¢aav n ~k:.. e.,....ti.. .. 4.. 41.e ('~:4.. ...1..«4...1.1:.« ..1 ..4.. «.,..«.,.. o, v e e ,~,, ...:«,..,.:,. «_ ...:...:....... «,..« ,.««,:,.,..:,,« Unless otherwise approved, all minimum lot sizes, structure setbacks, street frontage, and house size requirements of the R-8 zone shall be maintained. Windwalker Subdivision Exhibit C 22. The side yard setbacks for all lots in Windwalker Subdivision shall be a minimum of 10' from perimeter property lines. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. 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. 6. A detailed landscape and fencing 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. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Deparhnent. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 10. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all Windwalker Subdivision Exhibit C l ~ storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type and characteristics during the design and construction phases. 11. The applicant shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. 14. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as deterrnined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitfing that may be required by the Army Corps of Engineers. 16. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 17. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat approval use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require afire-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. Internafional Fire Code Appendix C Windwalker Subdivision Exhibit C ~i 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Departnent and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/~" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners 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. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 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. 7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Secfion D103.6 Signs. 8. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible constrnction is brought on site. 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. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for Windwalker Subdivision Exhibit C facilifies that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTYHIGHWAYDISTRICT- A. Site Specific Conditions of Approval 1. The applicant shall construct an ACRD approved turnaround on East Horse Creek Street. The minimum standard "snoopy" turnarounds shall have a minimum of 18- foot radius. The applicant shall submit a design of the turnaround for review and approval by District staff. 2. The applicant shall dedicate 45-feet right-of--way on South Locust Grove Road. Construct a 5-foot wide concrete sidewalk along South Locust Grove Road. All or part of the sidewalk may be placed in an easement provided to the District. 3. Construct South Simmental Avenue with 50-feet ofright-of--way, 36-foot street section, with rolled curb, gutter and a 5-foot wide detached concrete sidewalk with a minimum 5-foot wide landscape strip. Provide an easement for any sidewalk outside of the right-of--way. 4. Construct East Horse Creek Street and Fireside Court with a 29-foot street section, with vertical curb, gutter and 5-foot concrete sidewalk within 42-feet of right- of-way. Windwalker Subdivision Exhibit C 5. Provide written approval from the Meridian Fire Department to allow the reduced street sections, and sign the roadway for "No Parking" on one side. 6. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of--way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Windwalker Subdivision Exhibit C 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Windwalker Subdivision Exhibit C EXHHiIT D Windwalker Subdivision PP-OS-030 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis «A,> B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff fords that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e.-police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Windwalker Subdivision ExhibitD The proposed design creates a unique situation for properties in Sherbrook Hollows to the south of the property and Inglenook to the north of the property. The normal rear yard to rear yard setbacks would be 15 feet each yard. This provides a minimum of 30 feet total separation from building to building. However the proposed design shows rear yards for existing development bordering the side yard of the proposed development. The applicants submittal of the variance application more adequately addresses the conflict between the rear and side yard setbacks. Staff 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. 1. Connectivity (Sherbrook Hollows to Inglenook Subdivisionsl• The stub street from Sherbrook Hollows, Simmental Avenue shall connect to E. Horse Creek Street and again north to Inglenook Subdivision on E. Fireside Court. The subdivision is constrained by previous development in the area and is bound by ACHD policies of interconnectivity. No direct access to Locust Grove Road is approved with this subdivision. 2. Landscapine: Staff is generally supportive of the proposed landscaping design with the following considerations: Non-combustible fencing should be included on the eastern border of the Eight Mile Creek, and Locust Grove Road landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the home owners association. See Site Specific Condition #7 below. Onen Space: MCC 12-13-16 requires five percent of open space to be set aside for subdivisions of at least five acres in size. The applicant is proposing to set aside 14,374-sq ft of the site for open space. Most of this open space is at the eastern property boundary of the development and accessible to all lots of the subdivision. (MCC 12-13-16-3). See Site Specific Condition #5 below. Tree Miti atg ion: There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC Windwalker Subdivision Exhibit D 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Site Specific Condition #7 below. 4. Ditches. Laterals. and Canals• Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Staff is unaware of the official status of the Eight Mile Creek; it appears to be maintained by Nampa Meridian Irrigation and is considered a natural feature and does not require tiling. See Site Specific Condition #8 below 5. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #9 below. 6. Fencine: The applicant is proposing to construct a Six €ive-foot tall solid fence around the perimeter of the site. Staff is supportive of the proposed fencing. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with MCC 12-4-10. Fencing along the Eight Mile Creek shall be constructed with anon- combustiblematerial. Windwalker Subdivision Exhibit D EXHIBIT E Windwalker Subdivision AZ-05-030 Required Findings-Annexation ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to ZoningAmendmenis, both the P&Z Commission and Council are required "to review the particulaz facts and circumstances of each proposed zoning amendment in terms of the following standazds and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, `Medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre with the allowances of smaller lots for residential purposes. The applicant is requesting that all the subject site be zoned R-8 (Medium Density Residential). The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCI 1-7-2.C). Although staff would expect an R-4 zoning designation similaz to the surrounding zone codes the R-8 schedule of bulk and zoning controls allows design criteria that better accommodate the proposed infill development.. The proposed residential density for this site is 4.71 gross dwelling units per acre as calculated by the applicant, or 24 units per 5.1 acres. Staff finds that the proposed zoning desi ation. R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map which designates the land to be Medium Density Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Windwalker Subdivision is 4.71 dwelling units per acre which is slightly higher than surrounding developments but not outside the acceptable tolerance for infill development. Inglenook 3.35 du/acre - Sageland 3.85 du/acre ~heste~eld 4.63du/acre The following Comprehensive Plan policies support this proposal: • 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 properties. The City of Meridian plans to provide Windwalker Subdivision Exlribi[ E 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 persorm6l with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-mirmte response zone. • The subject lands currently lie within the jurisdicfion of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (11~D). • The roadways adjacent to the subject lands are currently awned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no reverme 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 and Zaning Department, Meridian Utility Billing Services, and Sanitary Services Company. Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal 1V, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. Support a variety of residential categories (low-, medium-, and high-density single family, multi-Family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) Windwalker Subdivision Exhibit E The subject property is designated Medium Density Residential on the Future Zand Use Map which identiftes this area as an appropriate area for medium- density residential development. 77ais proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 4.71 dwelling units per acre. • Require street connections between subdivisions at regulaz intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The two street connections provided from Inglenook and Sherbrook Hollows have been connected as planned (see ACHD report for details). This subdivision is the last injill development in the near vicinity and will not be required to stub to adjacent properties as there is no further development expected at the boundaries of this development. Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Eight Mile Creek waterway is the only disttnguishable natural feature at this location. Staff feels the open fencing and maintenance free of noxious materials will enhance the surrounding area. Wetlands, and alternate natural resources are absent from this site and the subject property has designed the common/open space around preserving the Eight Mile Creek corridor for wildlife habitat and enhancing the waterways. • Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested a slightly higher density relative to the immediate vicinity and will be developing smaller lots, common drives, with a unique neighborhood attractiveness. The project is foreseen as being a retirement community with 1600-2200 square foot homes, staff has requested elevations be submitted prior to the Plamring Commission Meeting of August 4, 2005 to determine how the homes would ftt in the immediate vicinity. The applicant has confirmed the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets as required by ACHD. The designed proposal is unique to the neighborhood but stafffeels ifdesigned correctly the clustered home concept would provide a good alternate home product for the general vicinity. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a vaziety of areas. (Chapter VII Goal V Objective A) The anticipated products for the site will be unique single family residences available to individual buyers who are seeking a law maintenance lot closer to the urban center. There are no single family attached products in the Windwalker Subdivision Exhibit E general vicinity and infill developments are encouraged to use the ordinance to the fullest extent. The applicant has not requested a planned development and has designed the proposal within the constraints of MCC 11-9-I schedule of bulk control for single family residences. Staff anticipates a retirement age buyer or a first time home owner who seeks a smaller, moderately priced, law maintenance home as the target client. These anticipated future owners would also be harmonious with the larger lot, family oriented homeowners in Sherbrook Hollows and Inglenook developments. Staff would encourage the Planning Commission and Council to review the home designs with building footprints to determine the "fit" of the proposal into the neighborhood. Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density, size of lots and unique roadway design will allow for an increase in density for the proposal with smaller lots, not requiring special considerations within the ordinance and comprehensive pkm, see also findings above. Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will be removed and the size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out as an attractive neighborhood within a neighborhood Staff finds that the proposed R-8 caning designation is harmonious with and in accordance with the Comprehensive Plan B. TS the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Windwalkea Subdivision Exhibit E Staff finds that single-family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that wnform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that recent residential developments to the south have been approved for development similar to the proposed subdivision, with single-family residences. Development in the area has limited the main trunk sewer capacity. Currently sewer is available in E. Fireside Court via Inglenook Subdivision. There have been sewer capacity concerns south of the freeway; however those have involved projects sewering out of their service area into the Ten Mile Trunk. This project is not sewering out of its service area and is therefore not contributing to capacity issues. Based on the ACHD Long Range 2030 proposal, Locust Grove Road is anticipated to eventually be a three lane roadway abutting this site. However, Locust Grove Road is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. Local Streets Simental Ave. and Fireside Ct. are ACHD rights-of--way and provide stub connection to the property ACHD and the City of Meridian will require the proposed development connect these roadways as proposed. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the requested zoning and proposed density is slightly higher than the anticipated range for a medium density urban project. Based on the Comprehensive Plan, staff believes that the existing parcels in the area (south and north and east) have already developed with similar densities and allowances for alternate products and designs are encouraged. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious Windwalk~ Subdivisio¢ Exhibit E with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standazds of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." The applicant has buffered the Eight Mile Creek with an open space/drainage lot which meets the standards set for open space. Lot 9 Block 1 provides 14,374 sq/ft of open space which is approximately 6% of the site. The existing character of the azea will not change as this is one of the final infill developments in the vicinity. Staff does not find that the proposed zoning or uses will adversely change the essential chazacter of area. Staff recommends that the Commission and Council rely on staff s analysis, public testimony received and any comments submitted from any other agencies or departments regazding whether this property should be annexed as proposed. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report aze complied with and construction traffic and house construction is conducted in a manner consistent with City Code. Access to Locust Grove Road shall be taken through the stub streets as designed. This will created additional traffic, especially construction traffic during build- out. This change could be considered disturbing to residents in Inglenook and Sherbrook Hollows Subdivision for access to Locust Grove Road must be provided through these neighborhoods. According to ACRD, E. Horse Creek Street shall be designated "No Pazking" which will create a problem for visitor parking at this location. Further, Meridian Fire will require the cul-de-sacs to be designed for 90' radius of paved turnaround, inside of curb. The plat was redrawn on July 14, 2005 to address this concern. The common lot listed as Lot 9 Block 1 will require fencing to separate the Eight Mile Creek from residential uses. The Eight Mile Creek is a steep banked and potentially hazazdous waterway which should be fenced in such a manner as to be non-combustible and impede all access to the creek or as required by Nampa Meridian Irrigation District. The proposed design creates a reduced anticipated rear yard setback for properties in Inglenook and Sherbrook Hollows subdivisions. (See Preliminary Plat Windwalka Subdivision Exhibit E l~ Analysis, F) Projects such as Hacienda Subdivision have included lots with side to rear yazd setbacks. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. G. WiII the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately auy of such services; The applicant will be responsible for the extension of all sewer and water mains necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Departmem. The applicant and/or future property owners will be required to pay park and highway impact fees. On July 27, 2005, ACRD staff held a tech review on the subject applications. ACRD has submitted a staff report with site specific and standazd conditions (Agency Comments and Conditions are included with this report). On July 1, 2005, a joint agency/departmenrt comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other wmments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development, The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regazding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and 'irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff Finds there will not be excessive additional requireme~rts at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Windwalker Subdivision Exhibit E I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does rmt anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the properly which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street extension into the site from Inglenook Subdivision and one extension from Sherbrook Hollows Subdivision which will connect with Locust Grove Road, a minor collector. ACHD is supportive of the proposed stub street extensions as previously approved. The landscaping should be designed in a manner to not allow traffic flow directly to Locust Grove Road. If is designed and constructed as approved by the ACHD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. However, city staff would propose a design to allow parking on at least one side of the street and approved by ACRD even if the design is amended to reduce lots. K Will not result in the destruction, lose or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Fencing the Eight Mile Creek along the eastern boundary of the proposal should provide wildlife and open areas adequate protection from residential uses. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Staff recommends that the Commission and Council reference any public testimony that may be preserved 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. Windwalker Subdivision Exhibit E l L. is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? The R 8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Staff does not recommend lot sizes that would be invasive to the properties to the north and south of the subject property but the lot sizes should be transitional in nature and allow additional residential densities and product opportunities for the general vicinity. Subdivisions of medium density have already been approved for development to the south and this is a logical expansion of the City limits for an infill project. In accordance with the findings listed above, staff finds that annexation and zonin og f this property would be in the best interest of the City. Windwalker Subdivision Extriblt E i' EXHIBIT F Windwalker Subdivision VAR-OS-018 Required Findings- Variance VARIANCE REOUH2ED FINDINGS According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a variance from the terms of either the Zoning ar Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (MCCII-I8-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The City Council fmds that the circumstances of how this setback issue arose are unusual. The unusual circumstance is based upon ACI3D's action in regards to permitting unusual locations for stub streets on a narrow parcel binding the parcel to meet restrictive design criteria based on actions in the past. Therefore, the Council finds that the strict application of the building setbacks required by code is unreasonable in this instance. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council fmds that strict compliance with the City's Ordinances is unreasonable under the circumstances. City Council finds that granting the subject variance will not inhibit the achievements or the objectives of Title 11. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council anticipates that granting a variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the applicant has contacted the surrounding neighbors and has received favorable consideration for the requested variance in anticipation of additional unusual circumstances arising if strict compliance with ordinance be required. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of the subject variance does not have the effect of altering the purpose and interest of the Zoning Ordinance. Windwalker Subdivision Exhibit F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Annex and Zone 5.1 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat approval for Twenty-Four (24) Single-family residential lots and Four (4) Other/Common Lots, AND a request for Variance to MCC 11- 9-2D3 for Windwalker Subdivision, by Beckit Development Case No: VAR-OS-018, AZ-OS-030, PP-OS-030 ~ ~(~ For the City Council Hearing Date of: September 20, 2005 .~5 V (~ ~) A. Findings of Fact 1 a' V Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 20, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-018 -PAGE 1 of 4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Brighton Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits D, E, and F for the findings required for this application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated July 14, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant is hereby granted a variance to MCC) 11-9-2BC (Minimum Yard Setback Requirements), to allow an 10-foot street side setback on all lots of Windwalker Subdivision; and The applicant's preliminary plat as evidenced by having CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-018 -PAGE 2 of 4 submitted the Preliminary Plat dated July 14, 2005 are hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Durafion Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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. Exhibits Exhibit A: Lego] Description Exhibit B: Approved Preliminary Plat Exhibit C: Final Conditions of Approval Exhibit D: Annexation and Zoning Findings Exhibit E: Preliminary Plat Findings Exhibit F: Variance Findings ~ti By action of the City Council at its regular meeting held on the 2~ ' day of 2005. CTTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-018 -PAGE 3 of 4 r COUNCIL MEMBER SHAUN WARDLE VOTED__~J~ COUNCIL MEMBER CHRISTINE DONNELL VOTED_ IJ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ ~J~ COUNCIL MEMBER KEITH BIRD VOTED__z~ MAYOR TAMMY de WEERD VOTED ~- (TIE BREAKER) Mayor T Weerd Attest: William G. Berg, Jr., `\``\``\`\, ~ i u u n ui p,gq,,'i ~~ ', ~o $~AL r 9 P ~. Copy served upon Applicant, The Planning and Public Works Department and C~ y Attorney. By:~~~_~ ~ ~9lYl Dated: "1 aI~)S City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-018 -PAGE 4 of 4 EXHIBIT A Windwalker Subdivision AZ-OS-030, PP-OS-030 Legal Description DESCRIPTION FOR PROPOSED WIND WALKER SUBDIVISION May 12, 2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1/4 OF SECTION 20, TOWNSFIIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N., R.1 E., B:M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00°44'50" E 1327.40 FEET TO THE SOUTH 1/16 CORNER, THE SOUTHWEST CORNER OF THE NW 1/4 OF SW 1/4 OF SAID SECTION 20; THENCE S 89°49'11" E 45.00 FEET TO THE EAST RIGHT OF WAY OF S. LOCUST GROVE ROAD, ALSO BEING THE NORTHWEST CORNER OF SHERBROOK HOLLOWS SUBDIVISION NO. 4,THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. - THENCE N 00°44'49" E ALONG SAID EAST RIGHT OF WAY 194.95 FEET TO THE SOUTHWEST CORNER OF INGLENOOK SUBDIVISION; THENCE S 89°51'08" E ALONG THE SOUTH LINE OF SAID INGLENOOK SUBDIVISION 1049.72 FEET TO A POINT ON THE WESTERLY LINE OF TARAWOOD SUBDIVISION; THENCE S 41°50'37" E ALONG SAID W ESTERLY LINE 263.21 FEET TO A POINT ON THE NORTH LINE OF SAID SHERBROOK HOLOWS SUBDIVISION NO. 4; THENCE N 89°49'11" W CONTINUING ALONG SAID NORTH LINE 1227.85 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION: THIS SUBDIVISION CONTAINS 5.1D ACRES, MORE OR LESS. WAYNE K. BARBER, P.L.S. 8444 EXHIBIT B Windwalker Subdivision PP-OS-030 Preliminary Plat Dated July 14, 2005 g i r rn ` (n a ~ C ~ r n m cJ o_ ~a - O [~ z~ k' ~i {~13N "' 5 514MEMA1 qyE. MMOUSyNE q~ s ~acusr cNO~ No Q m r- _~ - vI ~ i 4 I ~ x 3 i 3 I z v Q ~ i + N N. INGLEN001( AYE. 4 - e L w. P N m m I 2 m ~ I ~ ~ ~/ o i /'~ j% ~~~5 V ;~ - 4 EXHIBIT C Windwalker Subdivision AZ-OS-030 PP-OS-030 Conditions of Approval (With deletions and additions in strikeout/underline) SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLATT 1. This Staff Report is based upon the preliminary plat prepared by Briggs Engineering on Revision Date July 14, 2005, and is approved with the conditions listed herein. All comments/conditions of the annexation and zoning (AZ-OS-030) application shall also be considered conditions of the Preliminary Plat (PP-OS- 030). 2. Construct E.Horse Creek Street to connect the north right-of--way line of E. Fireside Court to tie in with the 50-feet ofright-of--way for Simmental Lane. 3. Maintenance of all common area lots shall be the responsibility of the Windwalker Homeowners' Association. 4. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing shall be installed in accordance with MCC 12-4-10 Set aside a minimum of 5% of the 5.10 acre site for useable common open space, as required. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. The required open spaces are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. 6. Prior to final plat approval by City Council, depict on the preliminary plat the sections of road which will be designated "No Parking" or show areas of off street parking to be provided for visitors to the subdivision. 7. The submitted landscape plan prepared by Murillos Landscape, dated OS-19-OS is approved as submitted, with the following notes/modifications: • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. • Landscape a minimum 25-foot wide buffer in the existing Locust Grove Road right-of--way and execute the required license agreement with ACHD. The landscape buffer along Locust Grove Road shall be planted with trees and Windwalker Subdivision Exhibit C shrubs, lawn, or other vegetative groundcover, with a minimum density of 1 tree per 35 linear feet, as proposed. Said landscape buffer shall be located beyond the required future street right-of--way, as proposed. • Depict a minimum of five-foot sidewalk in the Locust Grove Road Right-of- way or as required by ACHD Conditions of Approval. • All fencing along Eight Mile Creek shall be non-combustible fencing materials. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 8. The Eight Mile Creek shall be fenced appropriately with asix-foot tall non- combustiblematerial and maintained free of noxious materials. 9. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.I~. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 10. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. The applicant shall provide five-foot detached sidewalks adjacent to Locust Grove Road. The applicant shall also provide five-foot wide attached sidewalks with a rolled curb adjacent to the internal public streets as proposed and in compliance with existing road designs. 11. Add a note to the face of the final plat stating: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." 12. Sanitary sewer service to this site is being proposed from the sewer main in Locust Grove Road and extensions through Inglenook Subdivision. The applicant will be responsible to construct all sewer mains necessary to serve 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. Cover over sanitary sewer mains shall be no less than three-feet from finish grade to the top of the pipe. If cover is less than three-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Windwalker Subdivision Exhibit C 13. Domestic water service to this site shall be via extensions from Inglenook Subdivision. The applicant will be responsible to construct al] water mains necessary to serve this proposed development in accordance to Public Works approval. 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. 14. The landscape plan dated 5/19/2005 shows trees planted on each lot line. 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. 15. If any water meters are located in common driveways shall be constructed of traffic rated materials per Meridian Public Works Standard Detail 7.05 (w) note 3 and Section 3.4 A.-5. 16. Direct lot access to Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road. 17. A groundwater report from a Professional Geo-technical Engineer or Professional Soils Scientist shall be submitted to the Public Works Department. The consultant shall use any means deemed necessary to formulate is opinion on the groundwater elevations in this proposed development. The report shall be submitted to the Public Works Department a minimum of 10-days prior to their City Council Hearing Date. 18. The preliminary plat indicates that a storrn drainage retention area is being proposed in common Lot 9, Block 1, but has not indicated with what means it will discharge subsurface or other means. The applicant shall revise the preliminary plat to indicate the means of discharge for the storm water. 19. Any existing domestic wells and/or septic systems appurtenant with the existing house or other 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. 20. Any existing structures must be removed prior to the signature on the final plat by the City Engineer. 21. AT,. ___~ , ___ «4: «___ __ _«~••~ti.. .. 4.. 41.e l~:k. .. A..«4oA .~. n~ a4n..Awd __ ~r __ °a ...:~'' ~'~:~ «-,.':_..:«~°.. «'~' °«~';~°';~« Unless otherwise approved, all minimum lot sizes, structure setbacks, street frontage, and house size requirements of the R-8 zone shall be maintained. Windwalker Subdivision Exhibit C ( ~i 22. The side yard setbacks for all lots in Windwalker Subdivision shall be a minimum of 10' from perimeter property lines. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. 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. 6. A detailed landscape and fencing 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 applicafion. 7. Coordinate fire hydrant placement with the Ciry of Meridian Public Works Department. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 10. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all Windwalker Subdivision Exhibit C storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type and characteristics during the design and construction phases. 11. The applicant shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. 14. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. Applicant shall be responsible for application and compliance with any Secfion 404 Permitting that may be required by the Anny Corps of Engineers. 16. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 17. Staff s failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat approval use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT One and two family dwellings will require afire-flaw 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 Windwalker Subdivision Exhibit C ~ f 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. 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 spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners 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. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 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. 7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. 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. 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. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for Windwalker Subdivision Exhibit C facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTYHIGHWAYDISTRICT- A. Site Specific Conditions of Approval 1. The applicant shall construct an ACHD approved turnaround on East Horse Creek Street. The minimum standard "snoopy" turnarounds shall have a minimum of 18- footradius. The applicant shall submit a design of the turnaround for review and approval by District staff. 2. The applicant shall dedicate 45-feet right-of--way on South Locust Grove Road. Construct a 5-foot wide concrete sidewalk along South Locust Grove Road. All or part of the sidewalk may be placed in an easement provided to the District. 3. Construct South Simmental Avenue with 50-feet ofright-of--way, 36-foot street section, with rolled curb, gutter and a 5-foot wide detached concrete sidewalk with a minimum 5-foot wide landscape strip. Provide an easement for any sidewalk outside of the right-of--way. 4. Construct East Horse Creek Street and Fireside Court with a 29-foot street section, with vertical curb, gutter and 5-foot concrete sidewalk within 42-feet of right- of-way. Windwalker Subdivision Exhibit C 5. Provide written approval from the Meridian Fire Department to allow the reduced street sections, and sign the roadway for "No Parking" on one side. 6. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Constnacfion Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approvalfor occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 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. Windwalker Subdivision Exhibit C < < l0. No change in the teens and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Windwalker Subdivision Exhibit C EXHIBIT D Windwalker Subdivision PP-OS-030 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis «A» B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e.-police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Windwalker Subdivision Exhibit D The proposed design creates a unique situation for properties in Sherbrook Hollows to the south of the property and Inglenook to the north of the property. The normal rear yard to rear yard setbacks would be 15 feet each yard. This provides a minimum of 30 feet total separation from building to building. However the proposed design shows rear yards for existing development bordering the side yard of the proposed development. 1. The applicants submittal of the variance application more adequately addresses the conflict between the rear and side yard setbacks. Staff 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. Connectivity (Sherbrook Hollows to Inglenook Subdivisionsl: The stub street from Sherbrook Hollows, Simmental Avenue shall connect to E. Horse Creek Street and again north to Inglenook Subdivision on E. Fireside Court. The subdivision is constrained by previous development in the area and is bound by ACHD policies of interconnectivity. No direct access to Locust Grove Road is approved with this subdivision. 2. Landscaping: Staff is generally supportive of the proposed landscaping design with the following considerations: Non-combustible fencing should be included on the eastern border of the Eight Mile Creek, and Locust Grove Road landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the home owners association. See Site Specific Condition #7 below. Open Suace: MCC 12-13-16 requires five percent of open space to be set aside for subdivisions of at least five acres in size. The applicant is proposing to set aside 14,374-sq ft of the site for open space. Most of this open space is at the eastern property boundary of the development and accessible to all lots of the subdivision. (MCC 12-13-16-3). See Site Specific Condition #5 below. Tree Mitieation: There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC Windwalker Subdivision Exhibit D 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Site Specific Condition #7 below. 4. Ditches, Laterals, and Canals: Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Staff is unaware of the official status of the Eight Mile Creek; it appears to be maintained by Nampa Meridian Irrigation and is considered a natural feature and does not require tiling. See Site Specific Condition #8 below 5. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #9 below. 6. Fencine: The applicant is proposing to construct a Six €tve-foot tall solid fence around the perimeter of the site. Staff is supportive of the proposed fencing. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with MCC 12-4-10. Fencing along the Eight Mile Creek shall be constructed with anon- combustiblematerial. Windwalker Subdivision Exhibit D ~~ EXHIBIT E Windwalker Subdivision AZ-OS-030 Required Findings- Annexation ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment " The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the uew zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, `Medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre with the allowances of smaller lots for residential purposes. The applicant is requesting that all the subject site be zoned R-8 (Medium Density Residential). The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCI 1-7-2.C). Although staff would expect an R-4 zoning designation similar to the surrounding zone codes the R-8 schedule of bulk and zoning comrols allows design criteria that better accommodate the proposed infill development.. The proposed residential density for this site is 4.71 gross dwelling units per acre as calculated by the applicant, or 24 units per 5.1 acres. Staff finds that the proposed zoning designation. R-8 is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map which designates the land to be Medium Density Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Windwalker Subdivision is 4.71 dwelling units per acre which is slightly higher than surrounding developments but not outside the acceptable tolerance for infill development. Inglenook 3.35 du/acre - Sageland 3.85 du/acre chesterfield 4.63du/acre The following Comprehensive Plan policies support this proposal: • 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 properties. The City of Meridian plans to provide Windwalker Subdivision Exhibit E ~_ ~. 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 persormel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. 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 (11~D). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revemie 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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Comparry. Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) Windwalker Subdivision Exhibit E The subject property is designated Medium Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium- density residential development. This proposal meets the Comprehensive Plan deftnttfon of medium-density, with a gross density of 4.71 dwelling units per acre. Require street connections between subdivisions at regular intervals to enhance connectivity and bettertraffic flow (Chapter VI, Goal II, Objective A, Action 6) The two street conmections provided from Inglenook and Sherbrook Hollows have been connected as planned (see ACRD report for details). This subdivision is the last infill development in the near vicinity and will not be required to stub to adjacent properties as there is no further development expected at the boundaries of this development. Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Eight Mile Creek waterway is the only distinguishable natural feature at this location. Staff feels the open fencing and maintenance free of noxious materials will enhance the surrounding area. Wetlands, and alternate natural resources are absent from this site and the subject property has designed the common/open space around preserving the Eight Mile Creek corridor for wildlife habitat and enhancing the waterways. ~ Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested a slightly higher density relative to the immediate vicinity and will be developing smaller lots, common drives, with a unique neighborhood attractiveness. The project is foreseen as being a retirement community with 1600-2200 square foot homes, staff has requested elevations be submitted prior to the Planning Commission Meeting of August 4, 2005 to determine how the homes would fit in the immediate vicinity. 77ae applicant has confirmed the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets as required by ACHD. The designed proposal is unique to the neighborhood but staff feels if designed correctly the clustered home concept would provide a good alternate home product for the general vicinity. Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The anticipated products for the site will be unique single family residences available to indivfduad buyers who are seeking a low maintenance lot closer to the urban center. There are no single family attached products in the Windwalka Subdivision FxhibitE general vicinity and infill developments are encouraged to use the ordinance to the fullest extent. The applicant has not requested a planned development and has designed the proposal within the constraints of MCC II-9-I schedule of bulk control for single family residences. Staff anticipates a retirement age buyer or a first time home owner who seeks a smaller, moderately priced low maintenance home as the target client These anticipated future owners would also be harmonious with the larger lot, family oriented homeowners in Sherbrook Hollows and Inglenook developments. Staff would encourage the Planning Commission and Council to review the home designs with building footprints to determine the "fit" of the proposal into the neighborhood • Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density, size of lots and unique roadway design will allow for an increase in density for the proposal with smaller lots, not requiring special considerations within the ordinance and comprehensive plan, see also ftndings above. • Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent developmem. (Chapter VII Goal V Objective A Action 11) Staff does not foresee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will be removed and the size, rmmber, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out as an attractive neighborhood within a neighborhood. Staff finds that the proposed R-S caning designation is harmonious with and in accordance with the Comprehensive Plan B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicam intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Windwalka Subdivision Exhibit E < < Staff finds that single-family residential uses are allowed within the requested zoning district of R-S. Medium Density Residential permits the establishment of residential uses and is designed to protect the imegrity of residential developmem by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that wnform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that recent residential developments to the south have been approved for development similar to the proposed subdivision, with single-family residences. Development in the area has limited the main trunk sewer capacity. Currently sewer is available in E. Fireside Court via Inglenook Subdivision. There have been sewer capacity concerns south of the freeway; however those have involved projects sewering out of their service azea into the Ten Mile Trunk. This project is not sewering out of its service azea and is therefore not contributing to capacity issues. Based on the ACHD Long Range 2030 proposal, Locust Grove Road is anticipated to eventually be a three lane roadway abutting this site. However, Locust Grove Road is not curcently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. Local Streets Simental Ave. and Fireside Ct. aze ACHD rights-of--way and provide stub connection to the property ACRD and the City of Meridian will require the proposed development connect these roadways as proposed. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the requested inning and proposed density is slightly higher than the anticipated range for a medium density urban project. Based on the Comprehensive Plan, staff believes that the existing parcels in the azea (south and north and east) have already developed with similar densities and allowances for alternate products and designs aze encouraged. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious Windwalker Subdivision Exhibit E with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." The applicant has buffered the Eight Mile Creek with an open space/drainage lot which meets the standards set for open space. Lot 9 Block 1 provides 14,374 sq/ft of open space which is approximately 6% of the site. The existing chazacter of the area will not change as this is one of the final infill developments in the vicinity. Staff does not find that the proposed caning or uses will adversely change the essential chazacter of azea. Staff recommends that the Commission and Council rely on staff s analysis, public testimony received and any comments submitted from any other agencies or departments regazding whether this property should be annexed as proposed. F. WiII the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. Access to Locust Grove Road shall be taken through the stub streets as designed. This will created additional traffic, especially construction traffic during build- out. This change could be considered disturbing to residents in Inglenook and Sherbrook Hollows Subdivision for access to Locust Grove Road must be provided through these neighborhoods. According to ACRD, E. Horse Creek Street shall be designated "No Parking" which will create a problem for visitor parking at this location. Further, Meridian Fire will require the cul-de-sacs to be designed for 90' radius of paved turnaround, inside of curb. The plat was redrawn on July I4, 2005 to tublress this concern. The common lot listed as Lot 9 Block 1 will require fencing to separate the Eight Mile Creek from residential uses. The Eight Mile Creek is a steep banked and potentially hazardous waterway which should be fenced in such a manner as to be non-combustible and impede all access to the creek or as required by Nampa Meridian Irrigation District. The proposed design creates a reduced anticipated rear yard setback for properties in Inglenook and Sherbrook Hollows subdivisions. (See Preliminary Plat Windwalkea Subdivision Exhibit E Analysis, F) Projects such as Hacienda Subdivision have included lots with side to rear yard setbacks. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and Ere protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicam will be responsible for the extension of all sewer and water mains necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay pazk and highway impact fees. On July 27, 2005, ACHD staff held a tech review on the subject applications. ACHD has submitted a staff report with site specific and standard conditions (Agency Comments and Conditions are included with this report). On July 1, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residems will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the wmmunity's economic welfare. Windwalker Subdivision Exhibit E I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, properly or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicam is proposing to construct one public street extension into the site from Inglenook Subdivision and one extension from Sherbrook Hollows Subdivision which will connect with Locust Grove Road, a minor collector. ACHD is supportive of the proposed stub street extensions as previously approved. The landscaping should be designed in a manner to not allow traffic flow directly to Locust Grove Road. If is designed and constructed as approved by the ACRD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. However, city staff would propose a design to allow parking on at least one side of the street and approved by ACHD even if the design is amended to reduce lots. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this properly. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Fencing the Eight Mile Creek along the eastern boundary of the proposal should provide wildlife and open areas adequate protection from residential uses. Staff finds that the proposed developmem will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. Staffrecommendsthat the Commission and Council reference any public testimony that maybe 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. Windwalk~ Subdivision Exhibit E L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? The R-8 zoning amendment will provide lots that aze similaz in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general wmpliance with the City's Comprehensive Plan. Staff does not recommend lot sizes that would be invasive to the properties to the north and south of the subject property but the lot sizes should be transitional in nature and allow additional residential densities and product opportunities for the general vicinity. Subdivisions of medium density have already been approved for development to the south and this is a logical expansion of the City limits for an infill project. In accordance with the findings listed above, staff finds that annexation and whin o~ f this property would be in the best interest of the City. Windwalker Subdivision Exhibit E EXHIBIT F Windwalker Subdivision VAR-OS-018 Required Findings- Variance VARIANCE REOUD2ED FINDINGS According to Ordinance II-18-I, Variances, the Council may authorize In specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the Ordinance lists the following Findings (NICCIl-18-3), all of which must be determined before granting a variance: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The City Council finds that the circumstances of how this setback issue arose are unusual. The unusual circumstance is based upon ACHD's action in regards to permitting unusual locations for stub streets on a narrow parcel binding the parcel to meet restrictive design criteria based on actions in the past. Therefore, the Council fords that the strict application of the building setbacks required by code is unreasonable in this instance. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, Ciry Council finds that strict compliance with the City's Ordinances is unreasonable under the circumstances. City Council finds that granting the subject variance will not inhibit the achievements or the objectives of Title 11. C. Tbat the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council anticipates that granting a variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the applicant has contacted the surrounding neighbors and has received favorable consideration for the requested variance in anticipation of additional unusual circumstances arising if strict compliance with ordinance be required. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of the subject variance does not have the effect of altering the purpose and interest of the Zoning Ordinance. Windwalker Subdivision Exhibit F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request to Annex and Zone 5.1 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat approval for Twenty-Four (24) Single-family residential lots and Four (4) Other/Common Lots, AND a request for Variance to MCC 11- 9-2D3 for Windwalker Subdivision, by Beckit Development ~ l Case No: VAR-OS-018, A~OS-030, PP-OS-030 LD'(-~ 3 n L-1 ~~/ For the City Council Hearing Date of: September 20, 2005 (~~'~ A. Findings of Fact l p '~ Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300'). of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 20, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Counci] heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-018 - PAGE I of4 a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner of record at the time of issuance of these findings is Brighton Corporation. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits D, E, and F for the findings required for this application. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the govenunental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated July 14, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant is hereby granted a variance to MCC) 11-9-2BC (Minimum Yard Setback Requirements), to allow an 10-foot street side setback on all lots of Windwalker Subdivision; and The applicant's preliminary plat as evidenced by having CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-018 -PAGE 2 of 4 submitted the Preliminary Plat dated July 14, 2005 are hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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 maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat Exhibit C: Final Conditions of Approval Exhibit D: Annexation and Zoning Findings Exhibit E: Preliminary Plat Findings Exhibit F: Variance Findings ~~ By action of the City~~ C?±o~-uncil at its regular meeting held on the ~ day of /~{yv~ `jG.~ , 2005. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-O18 -PAGE 3 of 4 COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr, Copy served upon Applicant, VOTED__~~'''!"~ VOTED__~~LL/~ VOTED_ f~~' VOTED `````\``\\\\\111 illlllll rrr rr/I/////// `` ~~ //i ~, ~~ $~AL ;rk = 7 The Plannin~/~~ 1~~pttrtment, Public Works Department rppnn uln+"`\ and 'ty Attorney. n By; Dated: `-'- ~a-~'((~ fty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).PP-OS-030, AZ-OS-030,VAR-OS-O18 -PAGE 4 of 4 EXHIBIT A Windwallzer Subdivision AZ-OS-030, PP-OS-030 Legal Description DESCRIPTION FOR PROPOSED WIND WALKER SUBDIVISION May 12, 2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1/4 OF SECTION 20, TOWNSFIIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00°44'50" E 1327.40 FEET TO THE SOUTH 1/16 CORNER, THE SOUTHWEST CORNER OF THE NW 1/4 OF SW 1/4 OF SAID SECTION 20; THENCE S 89°49'11"E 45.00 FEET TO THE EAST RIGHT OF WAY OF S. LOCUST GROVE ROAD, ALSO BEING THE NORTHWEST CORNER OF SHERBROOK HOLLOWS SUBDIVISION NO. 4,THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE N 00°44'49" E ALONG SAID EAST RIGHT OF WAY 194,95 FEET TO THE SOUTHWEST CORNER OF INGLENOOK SUBDIVISION: THENCE S 89°51'06" E ALONG THE SOUTH LINE OF SAID INGLENOOK SUBDIVISION 1049.72 FEET TO A POINT ON THE WESTERLY LINE OF TARAWOOD SUBDIVISION; THENCE S 41°50'37" E ALONG SAID WESTERLY LINE 263.21 FEET TO A POINT ON THE NORTH LINE OF SAID SHERBROOK HOLOWS SUBDIVISION NO. 4; THENCE N 89°49'11" W CONTINUING ALONG SAID NORTH LINE 1227.85 FEET TO THE REAL POIN7 OF BEGINNING OF THIS SUBDIVISION: THIS SUBDIVISION CONTAINS 5.10 ACRES, MORE OR LESS WAYNE K. BARBER, P.L.S. 8444 EXHIBIT B Windwalker Subdivision PP-OS-030 Preliminary Plat Dated July 14, 2005 {~llN'S S. SIMMEMgL qVE. o 0 fIMOUSINE AYE D m m~ r_, z mo _ ey <_~ z~ I Iii :g ~ YY f'~ [ni ~v 9~~ I~yf C q ~'~tl. ~/n t, P ~0'2~ ~ m s. Locusr cNOVE No ~-----e~ i~ _ H~ 3 i i `1 I I m Y i sl-. I E ~ m ~ ~ ,~ JI ~ x N N. INGLENOOK AVE. I E-'#"-< i ~~5 EXffiBIT C Windwallzer Subdivision AZ-OS-030 PP-OS-030 Conditions of Approval (With deletions and additions in strikeout/underline) 1. This Staff Report is based upon the preliminary plat prepared by Briggs Engineering on Revision Date July 14, 2005, and is approved with the conditions listed herein. All comments/conditions of the annexation and zoning (AZ-OS-030) application shall also be considered conditions of the Preliminary Plat (PP-OS- 030). 2. Construct E.Horse Creek Street to connect the north right-of--way line of E. Fireside Court to tie in with the 50-feet ofright-of--way for Simmental Lane. 3. Maintenance of all common area lots shall be the responsibility of the Windwalker Homeowners' Association. 4. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing shall be installed in accordance with MCC 12-4-10 5. Set aside a minimum of 5% of the 5.10 acre site for useable common open space, as required. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. The required open spaces are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. 6. Prior to final plat approval by City Council, depict on the preliminary plat the sections of road which will be designated "No Parking" or show areas of off street parking to be provided for visitors to the subdivision. 7. The submitted landscape plan prepared by Murillos Landscape, dated OS-19-OS is approved as submitted, with the following notes/modifications: • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. • Landscape a minimum 25-foot wide buffer in the existing Locust Grove Road right-of--way and execute the required license agreement with ACHD. The landscape buffer along Locust Grove Road shall be planted with trees and Windwalker Subdivision Exhibit C shrubs, lawn, or other vegetative groundcover, with a minimum density of 1 tree per 35 linear feet, as proposed. Said landscape buffer shall be located beyond the required future streetright-of--way, as proposed. • Depict a minimum of five-foot sidewalk in the Locust Grove Road Right-of- way or as required by ACHD Conditions of Approval. • All fencing along Eight Mile Creek shall be non-combustible fencing materials. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 8. The Eight Mile Creek shall be fenced appropriately with asix-foot tall non- combustible material and maintained free of noxious materials. 9. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 10. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. The applicant shall provide five-foot detached sidewalks adjacent to Locust Grove Road. The applicant shall also provide five-foot wide attached sidewalks with a rolled curb adjacent to the internal public streets as proposed and in compliance with existing road designs. 11. Add a note to the face of the final plat stating: "Garage setbacks shall be measured from the property line or the adjacent sidewalk, whichever is more restrictive." 12. Sanitary sewer service to this site is being proposed from the sewer main in Locust Grove Road and extensions through Inglenook Subdivision. The applicant will be responsible to construct all sewer mains necessary to serve 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. Cover over sanitary sewer mains shall be no less than three-feet from finish grade to the top of the pipe. If cover is less than three-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Windwalker Subdivision Exhibit C 13. Domestic water service to this site shall be via extensions from Inglenook Subdivision. The applicant will be responsible to construct all water mains necessary to serve this proposed development in accordance to Public Works approval. 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. 14. The landscape plan dated 5/19/2005 shows trees planted on each lot line. 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. 15. If any water meters are located in common driveways shall be constructed of traffic rated materials per Meridian Public Works Standard Detail 7.05 (w) note 3 and Section 3.4 A.-5. 16. Direct lot access to Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road. 17. A groundwater report from a Professional Geo-technical Engineer or Professional Soils Scientist shall be submitted to the Public Works Department. The consultant shall use any means deemed necessary to formulate is opinion on the groundwater elevations in this proposed development. The report shall be submitted to the Public Works Department a minimum of 10-days prior to their City Council Hearing Date. 18. The preliminary plat indicates that a storm drainage retention area is being proposed in common Lot 9, Block 1, but has not indicated with what means it will discharge subsurface or other means. The applicant shall revise the preliminary plat to indicate the means of discharge for the storm water. 19. Any existing domestic wells and/or septic systems appurtenant with the existing house or other 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 maybe used for non-domestic purposes such as landscape irrigation. 20. Any existing structures must be removed prior to the signature on the final plat by the City Engineer. e .,.a ...:«z, «w:......,.i :...:..........i... ,.,...i;,.,..;,.., Unless otherwise approved, all minimum lot sizes, structure setbacks, street frontage, and house size requirements of the R-8 zone shall be maintained. Windwalker Subdivision Exhibit C 22. The side yard setbacks for all lots in Windwalker Subdivision shall be a minimum of 10' from perimeter property lines. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Street signs to be in place, water system shall be approved and activated, fencing shall be installed; drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. 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. 6. A detailed landscape and fencing 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. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 9. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 10. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all Windwalker Subdivision Exhibit C ~. storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type and characteristics during the design and construction phases. 11. The applicant shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 13. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. 14. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 17. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat approval use does not relieve the applicant of responsibility for compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT One and two family dwellings will require afire-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 Windwalker Subdivision Exhibit C 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. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/~" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners 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. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved tum around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 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. 7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. 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. 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. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for Windwalker Subdivision Exhibit C I. facilities that are located within 1.5 miles fiom a given location and sufficient operational funds to staff the facilities. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. ADA COUNTYHIGHWAYDISTffiCT- A. Site Specific Conditions of Approval 1. The applicant shall construct an ACHD approved turnaround on East Horse Creek Street. The minimum standard "snoopy" turnarounds shall have a minimum of 18- footradius. The applicant shall submit a design of the turnazound for review and approval by District staff. 2. The applicant shall dedicate 45-feet right-of--way on South Locust Grove Road. Construct a 5-foot wide concrete sidewalk along South Locust Grove Road. All or part of the sidewalk may be placed in an easement provided to the District. 3. Construct South Simmental Avenue with 50-feet ofright-of--way, 36-foot street section, with rolled curb, gutter and a 5-foot wide detached concrete sidewalk with a minimum 5-foot wide landscape strip. Provide an easement for any sidewalk outside of the right-of--way. 4. Construct EastHorse Creek Street and Fireside Court with a 29-foot street section, with vertical curb, gutter and 5-foot concrete sidewalk within 42-feet of right- of-way. Windwalker Subdivision Exhibit C 5. Provide written approval from the Meridian Fire Departrnent to allow the reduced street sections, and sign the roadway for "No Parking" on one side. 6. Comply with all Standard Conditions of Approval. B. Standard Conditions ofApproval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Windwalker Subdivision Exhibit C 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Windwalker Subdivision Exhibit C EXHIBIT D Windwalher Subdivision PP-OS-030 Required Findings PRELIMINARY PLAT ANALYSIS Sections 12-3-3 J.2 and 12-3-5 Dread as follows: "In determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance. of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis «A„ B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public fmancial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e.-police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that maybe brought to the Commission's attention. Windwalker Subdivision Exhibit D The proposed design creates a unique situation for properties in Sherbrook Hollows to the south of the property and Inglenook to the north of the property. The normal rear yard to rear yard setbacks would be 15 feet each yard. This provides a minimum of 30 feet total separation from building to building. However the proposed design shows rear yards for existing development bordering the side yard of the proposed development. The applicants submittal of the variance application more adequately addresses the conflict between the rear and side yard setbacks. Staff 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. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 1. Public Streets and Access: Connectivity (Sherbrook Hollows to Inglenook Subdivisions The stub street from Sherbrook Hollows, Simmental Avenue shall connect to E. Horse Creek Street and again north to Inglenook Subdivision on E. Fireside Court. The subdivision is constrained by previous development in the area and is bound by ACHD policies of interconnecfivity. No direct access to Locust Grove Road is approved with this subdivision. 2. Landscapins: Staff is generally supportive of the proposed landscaping design with the following considerations: Non-combustible fencing should be included on the eastern border of the Eight Mile Creek, and Locust Grove Road landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the horne owners association. See Site Specific Condition #7 below. Onen S ace: MCC 12-13-16 requires five percent of open space to be set aside for subdivisions of at least five acres in size. The applicant is proposing to set aside 14,374-sq ft of the site for open space. Most of this open space is at the eastern property boundary of the development and accessible to all lots of the subdivision. (MCC 12-13-16-3). See Site Specific Condition #5 below. Tree Mitieation: There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC Windwalker Subdivision Exhibit D ( ~ 12-13-13-3). The applicant should coordinate a tree protection/mifigation plan with Elroy Huff at the Meridian Park Department. See Site Specific Condition #7 below. 4. Ditches. Laterals, and Canals• Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Staff is unaware of the official status of the Eight Mile Creek; it appears to be maintained by Nampa Meridian Irrigation and is considered a natural feature and does not require tiling. See Site Specific Condition #8 below 5. Pressure Irri ag tion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-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 fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #9 below. 6. Fencine: The applicant is proposing to construct a Six €rve-foot tall solid fence around the perimeter of the site. Staff is supportive of the proposed fencing. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with MCC 12-4-10. Fencing along the Eight Mile Creek shall be constructed with anon- combustiblematerial. Windwalker Subdivision Exhibit D EX~TT E Windwalker Subdivision AZ-OS-030 Required Findings-Annexation ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to ZoningAmendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, `Medium density' is defined as areas including single-family homes at densities of three to eight dwelling units der acre with the allowances of smaller lots for residential purposes. The applicant is requesting that all the subject site be zoned R-8 (Medium Density Residential). The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCI 1-7-2.C). Although staff would expect an R-4 zoning designation similar to the surrounding zone wdes the R-8 schedule of bulk and zoning controls allows design criteria that better accommodate the proposed infill development.. The proposed residential density for this site is 4.71 gross dwelling units per acre as calculated by the applicant, or 24 units per 5.1 acres. Staff finds that the proposed zoning designation, R-8. is harmonious with and in accordance with the 2002 Comprehensive Plan and Fu[ure Land Use Map. which designates the land to be Medium Density Residential. There is a minimum target density of three dwelling units per acre in the Comprehensive Plan; the proposed gross density of Windwalker Subdivision is 4.71 dwelling units per acre which is slightly higher than surrounding developments but not outside the acceptable tolerance for infill development. Inglenook 3.35 du/acre - Sageland 3.85 du/acre -Chesterfield 4.63du/acre The following Comprehensive Plan policies support this proposal: Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) YVhen the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide Windwalker Subdivision Exhibit E municipal services to the lands proposed to be armexed 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 Disriict. Once armexed 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. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's ,five-mimrte response zone. • 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 (II~D). • The roadways adjacent to the subject lands are currently awned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District This service will not change and the Meridian Library Disriict should suffer no revenue loss as a result of the subject armexation. Municipal, fee-supported services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Comparry. Protect existing residential properties from inwmpatible land use development on adjacent parcels (Chapter VII, Goal N, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal N, Objective C, Action 10) Windwalka Subdivision ExhibitE The subject property is designated Medium Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium- density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 4.71 dwelling units per acre. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The two street connections provided from Inglenook and Sherbrook Hollows have been connected as planned (see ACHD report for details). This subdivision is the last infill development in the near vicinity and will not be required to stub to adjacent properties as there is no further development expected at the boundaries of this development. • Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Eight Mile Creek waterway is the only distinguishable natural feature at this location. Stafffeels the open fencing and maintenance free of noxious materials will enhance the surrounding area. Wetlands, and alternate natural resources are absent from this site and the subject property has designed the common/open space around preserving the Eight Mile Creek corridor for wildlife habitat and enhancing the waterways. • Develop policies and incentives to enwurage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested a slightly higher density relative to the Immediate vicinity and will be developing smaller lots, common drives, with a unique neighborhood attractiveness The project is foreseen as being a retirement community with 1600-2200 square foot homes, staff has requested elevations be submitted prior to the Planning Commission Meeting of August 4, 2005 to determine haw the homes would fit in the immediate vicinity. The applicant has confirmed the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets as required by ACHD. The designed proposal is unique to the neighborhood but staff feels if designed correctly the clustered home concept would provide a goad alternate home product for the general vicinity. Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The anticipated products for the site will be unique single family residences available to individual buyers who are seeking a low maintenance lot closer to the urban center. There are no single family attached products in the Windwalk~ Subdivision Exltibit E general vicinity and irrfill developments are encouraged to use the ordinance to the fullest extent. The applicant has not requested a planned development and has designed the proposal within the consriaints of MCC 11-9-1 schedule of bulk control for single family residences. Staff anticipates a retirement age buyer or a fast time home owner who seeks a smaller, moderately priced, law maintenance home as the target client. These anficipated future owners would also be harmonious with the larger lot, family oriented homeowners in Sherbrook Hollows and Inglenook developments. Staff would encourage the Planning Commission and Council to review the home designs with building footprints to determine the "ftt" of the proposal into the neighborhood. • Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if. Development of uses other than single-family structures are compatible with surrounding development as it complies with the current wmprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density, size of lots and unique roadway design will allow for an increase in density for the proposal with smaller lots, not requiring special considerations within the ordinance and comprehensive plan, see also findings above. • Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will be removed and the size, member, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out as an a[riacfive neighborhood within a neighborhood. Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with the Comprehensive Plan B. Ts the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. TS the area included io the zoning amendment intended to 6e developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Windwalk~ Subdivision Exhibit E Staff finds that single-family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that recent residential developments to the south have been approved for development similar to the proposed subdivision, with single-family residences. Developmerrt in the area has limited the main trunk sewer capacity. Currently sewer is available in E. Fireside Court via Inglenook Subdivision. There have been sewer capacity concerns south of the freeway; however those have involved projects sewering out of their service area into the Ten Mile Trunk. This project is not sewering out of its service area and is therefore not contributing to capacity issues. Based on the ACHD Long Range 2030 proposal, Locust Grove Road is anticipated to eventually be a three lane roadway abutting this site. However, Locust Grove Road is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. Local Streets Simental Ave. and Fireside Ct. are ACHD rights-of--way and provide stub connection to the property ACRD and the City of Meridian will require the proposed development connect these roadways as proposed. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the requested zoning and proposed density is slightly higher than the anticipated range for a medium density urban project. Based on the Comprehensive Plan, staff believes that the existing parcels in the area (south and north and east) have already developed with similar densities and allowances for alternate products and designs are enwuraged. Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious Windwalka Subdivision Exhibit E with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." The applicant has buffered the Eight Mile Creek with an open space/drainage lot which meets the standards set for open space. Lot 9 Block 1 provides 14,374 sq/ft of open space which is approximately 6% of the site. The existing character of the area will not change as this is one of the final infill developments in the vicinity. Staff does not find that the proposed zoning or uses will adversely change the essential character of area. Staff recommends that the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed as proposed. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff does not arrticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. Access to Locust Grove Road shall betaken through the stub streets as designed. This will created additional traffic, especially construction traffic during build- out. This change could be considered disturbing to residents in Inglenook and Sherbrook Hollows Subdivision for access to Locust Grove Road must be provided through these neighborhoods. According to ACRD, E. Horse Creek Street shall be designated "No )larking" which will create a problem for visitor parking at this location. Further, Meridian Fire will require the cul-de-sacs to be designed for 90' radius of paved turnaround, inside of curb. The plat was re-drawn on July 14, 2005 to address this concern. The common lot listed as Lot 9 Block 1 will require fencing to separate the Eight Mile Creek from residential uses. The Eight Mile Creek is a steep banked and potentially hazardous waterway which should be fenced in such a manner as to be non-combustible and impede all access to the creek or as required by Nampa Meridian Irrigation District. The proposed design creates a reduced anticipated rear yard setback for properties in Inglenook and Sherbrook Hollows subdivisions. (See Preliminary Plat Windwalket Subdivision Exhibit E ( ~ Analysis, F) Projects such as Hacienda Subdivision have included lots with side to rear yard setbacks. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all sewer and water mains necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. On July 27, 2005, ACRD staff held a tech review on the subject applications. ACRD has submitted a staff report with site specific and standard conditions (Agency Comments and Conditions are included with this report). On July 1, 2005, a joint agency/department commems meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agenciesldepartments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Lr approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed caning and subsequent development will not be detrimental to the community's economic welfare. Windwalker Subdivision E~fiibit E L Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not amicipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street extension into the site from Inglenook Subdivision and one extension from Sherbrook Hollows Subdivision which will connect with Locust Grove Road, a minor collector. ACHD is supportive of the proposed stub street extensions as previously approved. The landscaping should be designed in a manner to not allow traffic flow directly to Locust Grove Road. If is designed and constructed as approved by the ACRD and the City, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. However, city staff would propose a design to allow pazking on at least one side of the street and approved by ACHD even if the design is amended to reduce lots. K Will not result in the destruction, Ions or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Fencing the Eight Mile Creek along the eastern boundary ofthe proposal should provide wildlife and open areas adequate protection from residential uses. Staff finds that the proposed development will not result in the destruction loss or damage of any natural feature(s) of major importance if developed under these conditions. 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. Windwalker Subdivision ExhibiT E ~. , L. IB the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. Staff does not recommend lot sizes that would be invasive to the properties to the north and south of the subject property but the lot sizes should be transitional in nature and allow additional residential densities and product opportunities for the general vicinity. Subdivisions of medium density have already been approved for developmem to the south and this is a logical expansion of the City limits for an in611 project. In accordance with the findings listed above, staff finds that annexation and zonin og f this property would be in the best interest of the Citv. Windwalker Subdivision Exltibi[ E EXHIBIT F Windwalker Subdivision VAR-OS-018 Required Findings- Variance VARIANCE REOUIItED FINDINGS According to Ordinance 11-18-I, Pariances, the Council may authorize in specific cases a variance from the terms of either the Zoning or Subdivision Ordinance. Specift'cally, the Ordinance lists the following Firulings (MCCll-18-3), all of which must be determined before granting a variance: A. That there are such special circrwstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable; The City Council finds that the circumstances of how this setback issue arose are unusual. The unusual circumstance is based upon ACI3D's action in regards to permitting unusual locations for stub streets on a narrow parcel binding the parcel to meet restrictive design criteria based on actions in the past. Therefore, the Council finds that the strict application of the building setbacks required by code is unreasonable in this instance. B. That strict compliance with the requirements of this Title would result in extraordinary hardship to the owner, subdivider or developer because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title; As noted above, City Council finds that strict compliance with the City's Ordinances is unreasonable under the circumstances. City Council finds that granting the subject variance will not inhibit the achievements or the objectives of Title 11. C. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated; City Council anticipates that granting a variance will not be detrimental to the public's welfare or injurious to other properties in the area. Further, the applicant has contacted the surrounding neighbors and has received favorable consideration for the requested variance in anticipation of additional unusual circumstances arising if strict compliance with ordinance be required. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan." City Council finds that the issuance of the subject variance does not have the effect of altering the purpose and interest of the Zoning Ordinance. Windwalker Subdivision Exhibit F i < < ~ S ~ ~, ~~ l~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 2.06 acres from RUT (Ada County) to R-40 (High Density Residential) AND Prelirninary Plat Approval of 18 building lots and 3 common lots on 2.06 acres AND Conditional Use Permit Approval for 18 townhouses in a proposed R-40 zone, for Arnke Subdivision, by Michael Arnke. Case No(s): AZ-OS-029, PP-OS-028, CUP-OS-037 For the City Council Hearing Date of: September 20, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 20, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Counci] heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 1 of 5 a. In addition to the applicafion and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Don and Betty Heffel. 4. Required Findings per Zoning and Subdivision Ordinance a. See the staff report attached as Exhibit A for the findings required for these applications. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary Plat dated May 3, 2005 as shown in Exhibit A, the Site Plan dated May 4, 2005 as shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit A, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit A, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit A. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated May 3, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 4, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibit A. 4. The following modifications to the site specific conditions for the Conditional Use Permit were made at the September 20, 2005 City Council hearing; i. Add a Condition which states: "The applicant shall construct a 6 foot solid vinyl fence on the exterior perimeter of the property." ii. Add a Condition which states: "The approved elevations shall include brick on the rear of the buildings." D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 3 of 5 construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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 maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report By action of the City Council at its regular meeting held on the 2,~~ day of ~~~-~~m{~~, 2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED I „ n COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T d eerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 4 of 5 \\\`\\1111~1111111~„rl Attest: .~`,~~1 ~ .''" •` ~ ,~., ~TFo Ailliam G. Berg, Jr., Ci Cl k '_ $T~ did, '. FQ.T tst .,~~ Copy served upon Applicant, The Pla?~,I,i~nift~~3epartment, Public Works Department rllllllll 111111111` and City Attorney. By: ~~~~ U/'~`fl/~/ Dated: ~~'~~~~5 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 5 of 5 CITY OF MERIDIAN PLANNIN~ AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (20R1 RR4-5533 i~~ ?YF ya STAFF REPORT City Council Hearing (~'~~ ea~Y ru 1~!'~° _ Hearing Date: 9/20/2005 \/ Y L~irr~1~~ . < , TO: Mayor, City Council IrR u~.rxea ~~ .:a FROM: Josh Wilson, Associate City Planner ~'"-~.w_y,, ~,,, ~s, ~,: ~~w„_~--', ,? _ 4~ la, Michael Cole, Development Services Coordinator SUBJECT: Arnke Subdivision AZ-OS-029 2.06 acres from RUT (Ada County) to R-40 (High Density Residential) PP-OS-028 18 building lots and 3 common lots on 2.06 acres CUP-OS-037 18 townhouses in a proposed R-40 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Michael Amke, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit (CUP) approval of 18 building lots and 3 commonlother lots on 2.06 acres. The site is located on the north side of W. Pine Avenue approximately one-quarter of a mile west of Linder Road. This site is currently rural residential with one single family residential building and accessory buildings. The site has not been previously platted. 2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING • On August 18, 2005, the Planning & Zoning Commission made a recommendation for approval on the subject application, as reflected in the Clerk's record and the minutes and duly considered the evidence and the record in this matter. • Staff presenting application: Josh Wilson presented the application. • hi favor: Shawn Nickel, applicant's representative and Michael Arnke, applicant • hi apposition: None. • Commenting: Paul Geile • Key Commission Changes to Staff Recommendation: o Accept changes to staff report as outlined in the memo from Josh Wilson, dated August 18, 2005, with the following changes: • Modify Item #2 to include the requirement for across-access agreement with the LDS church property to the east, prior to submittal of the final plat. • Modify Item #4 to read "The request for the installation of a security gate at the entrance to the service drive from E. Pine Avenue is approved, and the applicant shall work with Planning and Zoning staff to provide an acceptable escape route for vehicles that do not have access to the development." • Outstanding Issues for City Council: o Staff is not in support of the request for a security gate at the entrance to the Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE l CITY OF MERIDIAN PLANNING-AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 development from E. Pine Avenue. The applicant should detail at the hearing how the gate will be designed to minimize interference with traffic on E. Pine Avenue. The applicant should address stacking capacity, demonstrate an escape route for vehicles that do not have access to the development in order to prevent vehicles from backing out onto E. Pine Avenue, and address Fire Departrnent concerns. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2070 W. Pine Ave. / N. side of W. Pine Ave., W. of N. Linder Road 3N1W11 b. Owner: Don and Betty Heffel 8401 Justine Court Las Vegas, Nevada 89128 c. Applicant: Michael Amke 8401 Justine Court Las Vegas, Nevada, 89128 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: COUNTY £ Present Comprehensive Plan Designation: High Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit Al ): 5/03/05 2. Date of CUP site plan (attached as Exhibit A2): 5/04/05 3. Date of landscape plan (attached as Exhibit A3): 4/24/05 h. Applicant's Statement/Justification (reference submittal material): Shawn L. Nickel, SLN Planning, Inc. has submitted a Letter of Intent with the application, dated May 15, 2005 for the AZ and PP, and July 14, 2005 for the CUP. The applicant states that the request is consistent with the Comprehensive Plan and will benefit the public interest by providing a diverse housing type. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 2 CITY OF MERIDIAN PLANNINU- AND ZONING DEPARTMENT STAFF REPORT QUESTIONS? CALL (208) 8845533 Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: July 18 and August 1, 2005 e. Radius notices mailed to properties within 300 feet on: July 20, 2005 f Applicant posted notice on site by: July 26, 2005 5. LAND USE a. Existing Land Use(s): Rural Residential b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Existing residence and vacant land (far future expansion of Meridian High School), zoned R-4. 2. East: LDS Seminary and Meridian High School, zoned R-4. 3. South: W. Pine Avenue and Merrywood Subdivision, zoned R-8. 4. West: Existing Residence and vacant land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer service is available via an existing main located in the Meridian High School property. Location of water: Water service is being proposed via an extension of an existing main located in W. Pine Avenue. Issues or concerns: The preliminary plat indicates that sewer service far this proposed development would be via extension of proposed sewer mains to the north. At this time, the Public Works Department has not received any plans that show this line being installed. 2. Vegetation: N/A 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: R-40 (High Density Residential) 7. Size of Property: 2.06 acres f. Subdivision Plat Information 1. Residential Lots: 18 2. Non-residential Lots: N/A 3. Total Building Lots: 18 4. Common Lots: 3 5. Other Lots: N/A Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 3 ~ ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 6. Total Lots: N/A 7. Open Lots: N/A 8. Residential Area: 2.06 acres 9. Gross Density: 8.74 units per acre g. Landscaping 1. Width of street buffer(s): 20 feet on W. Pine Avenue required (Urban Collector); applicant has shown 25 feet on Preliminary Plat. 2. Width of buffer(s) between land uses: MCC states that the required buffers between land uses of differing intensity shall be provided by the more intense use. The Meridian High School parcel on the north will be required to provide a 20 foot land use buffer at time of development. 3. Percentage of site as open space (PP and PD applications): 10% is required, 10.90% was provided h. Conditional Use Information I. Non-residential square footage: N/A 2. Proposed building height: Within 40' R-40 height limit 3. Percentage of site devoted to landscaping: 23,130 square feet (26.8%) 4. Number of Residential units: 18 1. Proposed and Required Residential Standards R-40 Setbacks Proposed Required Front 25 20 Street side N/A 20 Side 10 0 Rear 10.44 15 Frontage 0 0 Lot Size 2,752 sq. ft. 0 PLEASE NOTE: The applicant has not submitted a Planned Development application; therefore all setbacks and dimensional standards are to be per the R-40 zone. The setbacks and dimensional standards proposed by the applicant do not meet the R-40 zone minimums and cannot be approved. The required R-40 setbacks shall be measured from the external boundaries of the property as a whole. m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): 1. The applicant has proposed a private "service drive" which is 26 feet from back of curb to back of curb, with 24 feet of asphalt and has a sidewalk on one side. For a detailed report on the public streets and access points to public streets, please refer to the staff report from the Ada County Highway District. 6. AGENCY COMMENTS MEETING On July 1, 2005 staff held an agency comments meeting. Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Staff has included all comments and recommended actions as Conditions of Approval from the meeting attached as ExMbit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning designation, R-40, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be High Density Residential. There is a maximum density of 40 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Arnke Subdivision is 8.71 dwelling units per acre. I got 8.74?? Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • 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 properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water 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. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #2 and the project lies within the Meridian Fire Department's five-minute response zone. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #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 and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal N, Objective C, Action 1) The properties to the west and east of the subject site are designated for high density residential uses on the Comprehensive Plan Future Land Use Map. The land to the north is designated for Public/Quasi-Public uses for expansion of Meridian High School. These surrounding uses are compatible with the proposed development. Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 5 t ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 providing the City with a range of affordable housing opportunities (Chapter VII, Goal N, Objective C, Action 10) The subject property is designated High-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for high-density residential development. This proposal meets the Comprehensive Plan definition of high-density, with a gross density of 8.71 dwelling units per acre. • Chapter VII Goal IV Objective D Action 2. Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one 24 foot curb cut on W. Pine Avenue for all of the units in the development. 2. Chapter VII Goal IV Objective D Action 5. Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant has provided a 25 foot landscape buffer along W. Pine Avenue, which exceeds the required buffer along Urban Collector roadways, such as W. Pine Avenue. The buffer will be planted with vegetation consistent with Meridian City Code. 3. Chapter VII Goal V Objective A Action 1. Designate specific areas with adequate public services for high density residential. The proposed development is adequately served by public services. 4. Chapter VII Goal V Objective A Action 14. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares. The proposed development is near Old Town and is located on an Urban Collector roadway. 5. Chapter VII Goal V Obj ective A Action 4. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. The applicant has proposed a townhouse development, which adds to the diversity of housing in Meridian. Staff finds that the proposed R-40 zoning designatien is harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Townhouses as conditional use in the R-40 zoning district. b. Purpose Statement of Zone: R-40 High Density Residential District: The purpose of the R-40 district is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the municipal water and sewer systems of the city is required. c. General Standards: According to MCC 11-17-1, the City should impose any condition(s) deemed necessary to insure compatibility of the development (CUP) with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of the Amke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 6 t~ ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 ordinance. Please see Conditions of Approval in Exhibit B. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. The annexation legal description submitted with the application (stamped on 5/04/05 by Todd Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Narv, at 888-4433 to initiate this process. The DA shall incorporate the following: • That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. • 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. 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. • The applicant has submitted elevation drawings for the proposed dwelling units included with the CUP. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Arnke Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. Street Buffer alone W. Pine Avenue/Lots 2-4 and 16-21: The applicant has proposed a 25 foot landscape buffer along W. Pine Avenue and a 20 foot buffer is required by Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 7 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 ordinance. In order to make the proposed development function and meet the required building setbacks, this buffer should be reduced to the required 20 feet and Lots 2-4 and 16-21 should be shifted 5 feet to the south. See Site Specific Condition 1.1.2. 2. Building Locations: Staff recommends that the applicant should relocate the open space and drainage area of Lot 5 and the visitor parking spaces to align with the entrance to the development from W. Pine Avenue. This could be accommodated by "flip-flopping" the location of Lots 9, 10, and 11 and the drainage area, so that the drainage area lies at the end of the entry drive and Lots 9, 10, and 11 are moved adjacent to Lot 12. The applicant should also add trees to the drainage lot behind the parking spaces to provide a more pleasing backdrop to the visitor parking. These changes will improve the appearance of the development to vehicles traveling on W. Pine Avenue and to vehicles entering the site. See Site Specific Condition 1.1.3. 3. Landscapine and Open Snace: Staff is generally supportive of the proposed landscaping design with the exception of the lack of trees in the drainage lot behind the visitor parking spaces. See discussion under Conditional Use Permit Analysis #4 for further detail. MCC 12-13-16 requires ten percent of open space to be set aside for multi family subdivisions regardless of size. The applicant is proposing to set aside 9,788-sq ft (10.9% of the property), exclusive of required landscaping, for open space. All common lots which are approved as open space and will function as drainage areas shall be vegetated and usable by residents. See Standard Condition 1.2.2. 4. Tree Mitigation: There are several large trees on this site that the applicant is proposing to remove or relocate. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Standard Condition 1.2.6. 5. Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition 1.2.3. 6. Fencing: The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition 1.2.5. CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 8 I,, i CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Ordinance, staff believes that this is a good location for allowing a unique design for single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Lots 13, 14, 17, and 18: Due to the shape of the property, staff has concerns about the function of the common drive to Lots 13, 14, 16, and 17. The applicant shall maintain a distance of 30 feet from the face of the garage on Lot 14 to the face of garage on Lot 16 in order to ensure that the common drive functions as intended. See Site Specific Condition 1.3.3. 2. Service Drive: The proposal shows a 26 foot back-of-curb to back-of-curb service drive to access the residences in the development. The applicant has extended this drive to the western edge of Lots 12 and 18 and shows six units using a common driveway for access to their individual garages. The applicant should be required extend the service drive to the western edge of Lot 15, to ensure adequate vehicular access to all units in the development. See Site Specific Condition 1.1.4. 3. No Parkine: Due to the width of the service drive, there will be no "on street" parking anywhere in the development. All vehicles shall be either parked within the garage of the residence or in the provided visitor parking spaces. The developer shall mark the service drive "No Parking- Fire Lane". See Fire Department Condition 3.4. 4. Setbacks: The applicant has not submitted a Planned Development application and all setbacks and dimensional standards shall be per the R-40 zone. The rear setback proposed on Lots 12-14 does not meet the 15 foot rear setback required in the R-40 zone and is not approved as submitted. Staff does not support a Variance application for this setback and the applicant can comply with required setbacks by shifting the building footprints on Lots 12 and 13 to the south so that the garage is at the edge of the service drive. The applicant shall modify the building footprints on Lots 12-14 to meet the required 15 foot rear setback. See Site Specific Condition 1.3.4. Building Locations: Staff recommends that the applicant should relocate the open space drainage lot and the visitor parking spaces to align with the entrance to the development from W. Pine Avenue. This could be accommodated by "flip-flopping" the location of Lots 9, 10, and 11 and the drainage lot, so that the drainage lot lies at the end of the entry drive and Lots 9, 10, and 1 I are moved adjacent to Lot 12. The applicant should also add trees to the drainage lot behind the parking spaces to provide a more pleasing backdrop to the visitor parking. These changes will improve the appearance of the development to vehicles traveling on W. Pine Avenue and to vehicles entering the site, and will also help visitors locate the visitor parking more readily. See Site Specific Condition 1.1.3. 6. Elevations: The applicant has submitted elevation drawings for the proposed dwelling units included with the CUP. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Arnke Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. See Site Specific Condition 1.3.5. 10. PROPOSED MOTION Approve Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 9 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 I move to approve File Number AZ-OS-029/PP-OS-028/CUP-OS-037 as presented in the staff report for the hearing date of September 20, 2005, and the preliminary plat dated May 3, 2005, with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny File Number AZ-OS-029/PP-OS-028/CUP-OS-037 as presented in the staff report dated for the hearing date of September 20, 2005, and the preliminary plat dated May 3, 2005 for the following reasons: (you must state specific reasons for denial for the CUP. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXHIBITS A. Drawings I. Preliminary Plat (dated: May 3, 2005) 2. CUP Site Plan (dated: May 4, 2005) 3. Landscape Plan (dated: Apri124, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Deparhnent 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Arnke Subdivision- AZ-OS-029, PP-OS-028, CUP-OS-037 PAGE 10 ~ ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Preliminary Plat (dated: 5/03/05) I - 1 .f ~ I!~ i ~ ~ ~ ~ y tIY! p~~~ ~ Iii ~ I a iil$iiillllisll~iiiiiiiii~~~~~ifli ~r°'~~~~~~~ A ~a.l l~~~~~~teaiil~~ll~f~?l.o.~l~~l ~ I,t 1', II ~~~I~d• ~• I ,s '1 ~111•III1. 11,1 f~ IISI,fI~: 1 1 i Illall •!~~ 'itlt I 7 L ffyf fll, ! 1. SfIIJJs11e9 II~9 ~~~961~ :r, ~lil ff{IIIEI 1u! fei,Jf,•... _~g ~ ___-1 ___ __ 1~~ ~~~~~ ®~ • ~~~ ®j ~ f e ®f ~ I _ ~ Z 0 s 0 m Y K A-1 < < CITY OF MERIDIAN PLANNINh AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2. CUP Site Plan (dated: 5/04/05) :~~.-~ ~~ s!s`3 Ilfl t ~~ s [J ~..7se5 i~~~ ~ ~~~r~h ~~;~ z 0 rn 0 m w Y Z Q A-2 /` r CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. Landscape Plan (dated: 4/24/05) mlcal 'uclPUaW e ;~ NVd 3dVOSUN'dllVld AaVNIWlldad `®~~~~ ilia`; : ij~~~~ NOISIAlO90S 3>IN2iV ~.r,:u ~ i ~I ~. ; ~+,i l ! 1 ` I i +' ~ i!! N,' l ! 111~', oifil I if !h iIII o III i l+~l' Iil ~il~ ~ iilli Ili 7!?il I ~llljl,!~ wi~I,.l 1-I~I-ij a I+++;I Il ri+.~ f~il~i ~II!;ih'i °illl~'li(Ililii!i I ~ ~i l ~ .1 ~I i_ IO h L_ ~O I- O I I ++ I y~ ~~ w .~ ~// ~13 .. I~ ~I: Yd ti i ~. <~,I IE ~ji ` d ~ II U!3 IS ~ ~ I ~ !' r-. f t w`; 1.i ~I; Itli l 'i dl, ii !_: I:: j' it a _ O zf F Ul alt l ~, ~., a ~~~ + p + i~ II O +If ° I~~'~ °~ t s ~~, U C.1 2 ° ~~jt 1 Z 0 T 1~ G +- ~A~ + 1 r u '~+~.' m~ Q ti l[I~i~+ +_ t (~j ~Ml F6 ; s'. l'. !i z itl i ' °li b:rf ill Il ll! U~ lei fi ~ ;,i f : Ij~ ~I I F. 1 2 ,~~~~t jl~ ~~II g. ' ~, ~ 7, oil' w I ~ ~ ~'°'- ~ li! Ill ~I ~,~r-~~, if9p9~~11 ~~ r 1` S+, fI ~i+S' o ii+illiliL, ~:..:. . 9Iv ~} ~I I I .5 'i < t~(1 III I~ i z+ j', nP~~A~~ ~ ~~~ ~~l ~~IS ~I '~'~d ! ~«~I I !~ i R 1+-i~ 0 ,I,,i?; LL! ,,. iPi@j;.l z. ' tilli~l'~l ~~+,..li.l(~i ~,..., . A-3 ~ r CITY OP MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as PP-1 prepared by Munger Engineering, dated May 3, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-029) and Conditional Use Permit (CUP-OS-037) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-OS-028). 1.1.2 The applicant has proposed a 25-foot landscape buffer along W. Pine Avenue and a 20 foot buffer is required by ordinance. In order to make the proposed development function and meet the required building setbacks, this buffer shall be reduced to the required 20 feet and Lots 2, 3, 4, 16, 17, 18, 19, 20, and 21 shall be shifted 5 feet to the south. 1 } ~ ~rw t' ... ,.t..it o ..+:.., t ~« c .,. ..t: ago a« e/.. :.w .we o..F.. o a ~ 1. a,...,.t,.,....o..F ...,_,] .____~_.~ t ,..,, n i n ..._._,] i t V.. 4~,n unnh In ~noa.~:..~.~«4 4.. T ..4 11 1.1.4 The applicant shall extend the service drive to the eastern property line and provide a secondary emerriency access which connects with the driveway on the LDS property to the east. The access shall meet all Meridian Fire Department standards and shall be closed with bollards and a chain with a I{rloxbox per the Meridian Fire Department. The applicant shall submit proof of a recorded cross access easement with the LDS Church property to the east prior to submittal of the final plat" 1.1.5 The applicant shall extend the sidewalk located on the south side of the service drive to the western edee of Lot 1H 17. 1.1.6 Prior to the City Engineer's signature of a final plat all structures not contained on a designated lot shall be removed. 1.1.7 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. 1.1.8 Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 1.1.9 All road drainage shall be contained on site in the drainage lots as depicted. 1.1.10 Maintenance of all common areas shall be the responsibility of the Amke Subdivision Homeowners' Association. 1.1.11 Other than the public street access approved by ACHD, direct lot access to W. Pine Avenue is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue. 1.1.12 The request for the installation of a securit~~ate at the entrance to the service drive from E. Pine Avenue is approved and the applicant shall work with Planning and Zonin¢ staff to provide an acceptable escape route for vehicles that do not have access to the development 1.1.13 The applicant shall place the extended service drive within a cross access easement across Lots 12. 13, 14, 16, 17 and 18. 1.1.14 The applicant shall constmct a 6 foot solid vinyl fence on the exterior perimeter of the property. 1.1.15 The approved elevations shall include brick on the rear of the buildines. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT B-I CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 1.2.2 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 MCC 12- 13-14 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 MCC 12-13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, 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. 1.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Ciry Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 1.2.4 A 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. 1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. 1.2.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation conditional use does not relieve the applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1.3.1 The CUP site plan labeled as PP-2, prepared by Munger Engineering, dated May 4, 2005, is approved, with the conditions listed herein. All comments/conditions of the 13-2 (' CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 accompanying Annexation/Zoning (AZ-OS-029) and Preliminary Plat (PP-OS-028) and Development Agreement shall also be considered conditions of the Conditional Use Permit (CUP-OS-037). 1.3.2 The rear setback proposed on Lots 12-14 does not meet the 15 foot rear setback required in the R- 40 zone and is not approved as submitted. The applicant shall modify the building footprints on Lots 12 and 13 to meet the required 15 foot rear setback. 1.3.3 The applicant shall maintain a distance of 30 feet from the face of the garage on Lot 14 to the face of garage on Lot 16 in order to ensure that the service drive functions as intended. 1.3.4 The project shall conform to the R-40 dimensional standards and setbacks. 1.3.5 Construction within Arnke Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 1.3.6 All construction within Arnke Subdivision shall be townhouse homes and built within the limitations outlined within this report. 2 PUBLIC WORKS DEPARTMENT 2.1 Meridian City Cade 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has not indicated who will own the pressurized irrigations system in this proposed development. If it is to be owned and operated by an Irrigation District than a license agreement shall be entered into prior to the scheduling of apre-construction meeting. If it is to be a private system owned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat by the City Engineer. 2.2 All existing buildings shall be removed prior to the City Engineer's signature on the final plat. 2.3 Any existing domestic well and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-I-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation with approval for Idaho Department of Water Resources. 2.4 Revise plat note 1 to include a 10-foot wide Public Utilities easement on all lot lines common to Lot 5 Block 1. 2.5 The preliminary plat indicates that sewer service for this proposed development would be via extension of proposed sewer mains to the north. At this time, the Public Works Department has not received any plans that show this line being installed. The approval of this project shall be contingent on the applicant's ability to acquire the necessary easements to facilitate the extension of sewer mains to this property. The applicant shall coordinate sewer main size and routing with the Public Works department. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of the pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 2.6 Water service to this site is being proposed via extensions of mains located in Pine Street. The applicant shall be required to install all mains necessary to serve this site. Coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian Standard forms of easement for any mains that are required to provide service. B-3 CITY OP MERIDIAN PLANNIIV AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2.7 The applicant has not indicated how they will dispose of storm drainage, other than to say it will be removed via surface facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas, and private roadways. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and polices. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.8 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted Fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etd., prior to signature on the final plat. 2.10 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. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detemrined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.12 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'h" outlet face the main street or parking lot aisle. B-4 ~~ ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT\QUESTIONS7 CALL (208) 884-5533 b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing pernuts. £ 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. 3.2 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.3 Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The proposed 18-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 52 residents at build out. 3.8 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.9 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 All R-2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. 4. POLICE DEPARTMENT No comments received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. 6. SANITARY SERVICE COMPANY No comments received. 7. ADA COUNTY I31GHWAY DISTRICT B-5 (~ ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. OfherAccess Pine Avenue is a collector roadway. Other Than the access point Ihat has been specifically approved with this application, direct lot access to Pine Avenue is prohibited and should be noted on the final plat. C. Site Specific Conditions of Approval 1. Dedicate dghl-of-way to total 35-feel from the centerline of Pine Avenue abutting the site. Widen the pavement to one half of a 46-fool slreel section and construct vertical curb, gutter, and a 5-fool detached wncrete sidewalk abutting the site on Pine Avenue. Pine Avenue shall be signed for °NO PARKING". OR Dedlrale right-o6way to total 32-feet right-of-way from the centerline of Pine Avenue abutting the site. Widen the pavement to one half of a 46-foal slreel section and cnnslruct vertical wrb. gutter, and a 7-foot attached concrete sidewalk abutting the site on Pine Avenue. Pine Avenue shall be signed for "NO PARKING". Dedicate 6y means of recordation of a final subdivision plat or execution of a womanly deed prior to '~ Issuance of a building permit (or other required permits), whichever occurs frsl. Allow up to 30 business days to process the right-of-Way dedication after receipt of all requested matedal. The owner will not be crompensated for Ihis additional right-of-way because Pine Avenue Is classified as a collector roadway and is to he brought to adopletl standards by the developers of abutting properties. i, 2. Locale the driveway to Intersect Pine Avenue as proposed, approximately 115-feet east of the west property line. Provide wdhen approval from the City of Meridian Thal documents their approval of the 3-unit attached dwelling proposal. 3. Construct a 24-foot wide driveway, as proposed, with 15-foal curb radii. 4. Other Ihan Iha access point that hes been specifically approved with this application, direct lot access to Pine Avenue is prohibited and shall be notetl on the lnal plat. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval ', 1. Any existing inigafion facllllles shall be relocated outside of Iha right-of-way. 2. All utility relocation costs assoclatetl with improving slreel frontages abutting the site shall 6e borne by the developer. 3. Replace any existing damagetl curb, gutter and sidewalk and any Thal may be damaged during the constmclion of the proposed development. Contact Constmclicn Services al 387-6260 (with file number) for details. 4. Utility street cuts in pavement less Ihan five years old are not allowed unless approved In writing by the District. Contact the District's Utility Coordinator a1367-6256 (with file numbers) for details. B-6 C ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 5. All design and construction shall be in accordance with the Ada Gounly Highway Oismcl Policy Manual, IBPWC Standards and approvetl supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in [he State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Conskudion, use and property development shall be In conformance with all applicable requirements of the Ade County Highway District prior to Distract approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance fF200, also known as Ada County Highway Dislricl Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verity all existing utilities within the right-of-way. The applicant al no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shell be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking grcund within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD contluils (spare or filled) are compromised during any phase of cronsiruclion. 10. No change in the terms and conditions of Ihis approval shall be valid unless Ihey are In writing and signed by the applicant or the applicant's authorized represenlalive antl an authorized represenlalive of the Ada County Highway Dislricl. The burden shall be upon the applicant to obtain wdtten wnfinnallon of any change from the Ada County Highway Disldct, 11. Any change by the applicant in the planned use of the property which is the sub)ect of this application, shall require the applicant fo comply with all roles, regulations, ordinances, plans, or other regulatory and legal restractions in force al the lime 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/vadance of saltl requirements or other legal relieF Is granted pursuant to the law In effect al the time the change in use Is sought. E. Conclusions of Law The proposetl site plan is approved, if all of the Site Specific antl Standard Conditions of Approval are satls8ed, 2. ACHD requirements are intended to assure Thal the proposed use/development will not place an undue burden on the existing vehicular lransportallon system vnlhin the vicinlry impacted by the proposed development. B-7 ( ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description claiborn ~ wane consulting, Ilc engineers & swveyors 1461 S. Teare Avenue Meridian, Idaho 83642 (208)288-2693 Fax (208)884-8002 P.N. 2234 May 4, 2005 ANNEXATION & REZONE DESCRIPTION FOR PROPOSED ARNKE SUBDIVISION A parcel of land located in the Northeast 1/4 of Section I1, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the East I /4 comer of said Section 11, from which the Ceater 1/4 comer bears N 89°IO'76" W, 2655.!0 feel; thence N 89° 10'36" W along the South boundary of said Northeast I/4, also being the centerline of W. Pine Avenue for a distance of 1431.35 feet to the REAL POINT OF BEGINNING; (hence leaving said South boundary N 00°29'24" E for a distance of 264. ] 7 feet (formerly described as N 00°02' E, 263.6 fee[); thence N 89°38'27" W for a distance of 46,97 feet; [hence N 76°41'50" W for a distance of 94.49 feet (formerly described as N 77°39' W, 95.1 feet); thence N 83°29'07" W for a distance of 218.62 feet (formerly described as N 84°33' W, 218.4 feet); thence S 00°5('72" W for a distance of 305,88 feet (formerly described as S 00°02' W, 304.6 feet) to a point on the South boundary of said Northeast l/4, also being the centerline of W. Pine Avenue: thence S 89°10'36" E for a distance of 358.50 feel to the POINT OF BEGINNING; containing 2.74 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. \\Spud IlprojeclslAmke (2274)\DacumenlsW WKEAnnexdesc.doc-1 REV W APPRQVAL BY MERIDIAN PUnLIC WORKS WEPT. C-I ( ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 ~~ "~e+. s mar~r wxec _ N O xI ~ I - "I ~ I O ~I O I O v ~I3+ ---~ O 14 ~ ~ y In = I ® I O I. ~ O © '~~ I I O d ;S O ~ ~g ~~~J ~FY g Q k 1 n I rv m}an x ~ r-_~ _ _ _ O ¢N~eIA f~ f' E M e. E~ !g TIN pw ~C~ C ~] L y '-1 C` S o _ U Q fpp 3 K O- A0 `2 7.D e/ 2 ov m~ ym ~ °, n ~j C-2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. ANNEXATION FINDINGS: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-I 5-11 and analysis by staff A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in the Arnke Subdivision staff report item #7 above. City Council finds the proposal in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that townhouses are a conditional use within the requested zoning district of R-40. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation, provided that the accompanying Conditional Use Permit application for townhouses is approved. D. Flas there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council Finds that the subject property is the first property within the High Density Residential designation on the north side of Pine Avenue, west of Linder Road, to request annexation and zoning for amulti-family development. City Council fords that a substantial portion of the land around the site has been developed in a manner harmonious to the proposed subdivision. The neighboring Ada County parcel to the west is very large and contains agricultural uses. This development is proposing significantly smaller lots, but within the acceptable limits for a high density development. Pine Avenue is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. The applicant shall comply with all ACRD conditions of approval for the site. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D-t CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF RBPORT. QUESTIONS? CALL (208) 884-5533 City Council finds that the requested zoning and proposed density is within the anticipated range for a high density urban project. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "multi-family developments shall provide common open space that equals or exceeds ten (10) percent of the gross land area of the development." The common lots provide 9,788 sq/ft of open space which is approximately 10.9% of the site. City Council does not find that the proposed zoning or uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. Access to W. Pine Avenue shall be taken through the service drive as designed. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all sewer and water mains necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. On July 1, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. D-2 ~, ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Ciry Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACRD is supportive of the curb cut on W. Pine Avenue provided that the City of Meridian approves the townhouse use on the property. If townhouses are not approved, ACRD has requested written approval from the City of Meridian that documents approval of 3-unit attached structures. If is designed and constructed as approved by the ACHD and the City, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council fmds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, I1-17-1992)? The R-40 zoning amendment will provide diversity of housing product for the City of Meridian. Staff finds that all essential services are available or will be provided by the developer to the 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 and this is a logical expansion of the City limits. In accordance with the fmdings listed above, staff fmds that annexation and zoning of this Uroyerty would be in the best interest of the Citv. 2. PRELIMINARY PLAT FINDINGS Sections 12-3-3 J.2 and' 12-3-5 Dread as follows: "IrI determining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed layout as a practical solution to address the D-3 f~~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 constraints of infill development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; (See fmding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. 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. 3. CONDITIONAL USE FINDINGS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; City Council finds that the subject property is large enough to accommodate the requested use and all other required features, subject to the conditions and comments contained in the staff report for Arnke Subdivision. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council fmds that the proposed multi-family residential subdivision, with a gross density of 8.71 dwelling units per acre, is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "High Density Residential". Please see Annexation & Zoning Analysis "A" above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general D-4 ~ t CITY OF MERIDIAN PLANNING~AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation & Zoning Analysis "E" above. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that the proposed uses will not adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation & Zoning Analysis "G" and "H" above, the "Other Agency/Department Comments and Conditions" at the end of this report, and any comments that maybe submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation & Zoning Analysis "H" above. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I" above. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation & Zoning Analysis "J" above. The Commission and Council should review any comments received from the ACHD provide for this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation & Zoning Analysis "K" above. D-s September 16, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT VISIOrI First, LLC AZ 05-003 September 20, 2005 ITEM NO. 2O REQUEST Amendment to Ordinance No. OS-1164 -Request for an Annexation and Zoning of 76.7: acres to an R-3 zone for Kingsbridge Subdivision - 4070 South Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Ordinance 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: Emailed: ,~ ,~ ~~~ Date: ~ 6~_ Phone: Staff Initials: ~~ Materials presented at public meefings shall become property of the Clty of Meridian. ADA COUNTY RECORDER r BOISE IDANO 09129105 0~ DEPUTY Naava Haney RECORAED-REOUEST OF Meridian City AMOUNT .00 ~~~ I~~I~~~~~~~~~I~~I~~~I~~~II~I~~ ~ ~I~ 15144553 CITY OF MERIDIAN AMENDED ORDINANCE NO.OS-1164 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN AMENDED ORDINANCE (AZ-OS-003 KINGSBRIDGE SUBDIVISION) FOR PROPERTY LOCATED WITHIN A PORTION OF THE 50UTH'/z OF THE NORTHWEST'/a, AND THE NORTH'/z OF THE NORTHWEST %z OF THE SOUTHWEST'/a, SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN REVISED ATTACHMENT "A" ANA ANNEXING CERTAIN LANDS AND TERRITORY, STTUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMTI'5 OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-3 (MEDHIM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" (revised) as depicted on Exhibit "B" (revised) attached, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Kingsbridge Properties, LLC SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-3 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. AMENDED ANNEXATION OF A~05-003 HING5BRIDGE SUBDIVISION Page 1 of 3 DAVID NAVARRO TM SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (I) of the Members of the full Council, the rule requiring two (2) sepazate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20~ day of ~~P~ ~i'~' ~'' , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~ ~~'~^' ~`~' , 2005. ,o MAYOR T de WEERD AMENDEDANNEXATION OF AZ-OS-003 IONGSBRIDGE SUBDIVISION Page 2 of 3 CLERK STATE OF IDAHO, ) ss. County of Ada ) e``"1,r 11111111111 ~,~ ~''' y ~1 ~. "CA1 'a``~i ~Fa~b, ~~ ~' `~ , On this ~ day of ~ep~-ew~ber , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WII,LIAM 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) v.'~P••.••'....•~+tlt~•. 13pTgJ2~ :"A ~ 6 -•~ U PUBLIC `~i l ``.,,woN ~~,,. ~ !' . ~°~ ~~ Off: ID l+,•,• PUBLIC FORID'~A AHO iAT: ~er~G~jgNe~a~s vIISSION EXPIl2ES: o ~ a AMENDED ANNEXATION OF AZ-OS-003 HINGSBRIDGE SUBDIVISION Page 3 of 3 EXHIBIT A I{ingsbridge Subdivision AZ-OS-003 Legal Description (3 pages) 07/28/20b5 15:28 2F783427937 ,=s{ LWJLI SL~RVE1'S Pq;E p2h74 1~'~X Lr~tIP~I ,~Llr~~j/~~ ~~'1C~ 0696 Overland Rd, STE 162 A Bolse Idaho D 83705 a 20R-342-7957 a 2Oa-a42.74g7 FAST PROPOSED KIkGSBRIDGE SUBDIVISION ANNEXATION DESCRIPTION LOT 11, BLOCK 2 of DARTMOOR SUanlyISIUN WITHIN p PORTION OF THE SOUTH `/= 4F THE NORTHNIEST'/., AND, THE NORTH'h a€ 7HE NORT}rWEST % OF 7HE SOUTHWEST'/y $ECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, Bg1aE MERIDIAN, AoA COUNTY, IDAHO Lot 11, Blodr 2 of Dartmoor Subdivision within a Portion Of The South'h of the Northwest'/,, and, me North 'h of the Northwest `f. of the Southwest Y., Section 28, Township 3 North, Range 1 Eest, Boise Meridian, Ada County, Idaho, mare partfculariy describod as follows; Beginning at a found Brass Cap Monument marking the Northwest Comer of Section 28, Township 3 North, Range 1 East, Boise Meridian, from which a found Brass Cap Monument marking the'/. Corner common to SecOons 27 and 28 bears South 88°36'03" East a distance of 2,657,34 feet; thence along tho boundary common to Sections 28 and 29 of said Township and Range, South 06°2743" West, a distance of 2,581.93 feet to the Westedy prolanga8on of the common boundary of Lots 11 and 16, Block 2 of Darbnoor Subdivision, the TRO@ POINT OF BEGINNING; thence along said Westerly prolongation and the wmmon bowrdary of said Lots 11 and 16, Soutlr 89°23'38" Easl, a dlshance of 673.24 feet to a set 5/8 inch rebarwifh plastic cap stamped "FLSI PLS 7612"; thence along the boundadas of said Lot 11, Black 2 of Dartnroor5ubdivisiontha following courses and distances: North OQ°25'36° East a distance of 228.03 foal to a set 578 Inch rebar with plastic cap stamped "FLSI PLS 7612'; North 12°21'38" East a distance of 201.79 feet fothe sauthwegtright-of-wey of east Dadmoor DrWe at a found 518 inch rebar with plas9o cap stamped'DHR PLS 3624"; South 8g°25'57° East a distance of 81,12 feet to the northeast right-of-way of East Dartmoor Drive at a found 5/8 Inch rebar with plastic cap stamped `DHR PLS 3624°; Nonth 46°52'10° East a distance of 164.01 feet to a set SIB Inoh rebar wi8r plastic cap stamped "FLSI PLS 7612'; North OU°30'13 ° East a distance of 723.68 feet to the Northwest comer e3 said Lof 11, Block 2 of Dartmoor Subdivision, al a set 5!8 inch rebarwilh plastic cap stamped "FLSI PLS 7612°; 1 r _ ...__ - - - 67/26/ U05 15:26 2Y7$3d27g37 r-{{ Lr~rID SU,4VEY5 FAhE 93Ied it tltence along the Northarly boundary of said Lot i 1, Black 2 of Dartmoor Subdivision and fhe North 1l16'" lfie of Section 28, Sougt 89°30'1fi" East a distance of 1,741.5fi feet to the Northeast comer of said Lot 11 and the[;enter-North 1!7 h~'" Gamer of Section 28, marked by a set 518 inch rebar with plastic cap stamped "FL51 PLS 7612"; thence along tho Easterly boundary of said Lot 11, Block 2 of Dartmoor Subdivision and the NodhSouth center lino of Section 28, Soa1h QO°29'23° West a distance of 1,325.46 feet to a found 1 inch Iron Pinwith na Cap, stamped "7812° marking the Southeast corner of said Lot 11 and the Center of Section 28; thence along the Sorrthedy boundary of said Lot ii, the East-West centerline of Section 28, and the Northerly boundary of Kunz HolloYx Sulxliviston, North 89°25'12° Wesl, a dis~nce of 1,326.13 feet to a faunal S/8 inch rebar with plastic cap stamped "LS 2723" marking the Center-West 1l18'" comer of Section 28 and fhe Northwest corner of Kunz Hollow Subdivision; thence along the West 1/16v' line of Seaton 28 and the Westerly boundary of Kunz Hollow Subtlivislon, South 00°33'59"WesE, a distance of6fi1.38 feet to a found 5f6 inch rebar with plastic cap stamped "EHM 3260" marking the Southwest Garner therepf and the Northeast comer of Za(dien Zerua Subdivision; thence along the Northerly boundary of Zaldien Zerua Subdivision and the Westerly extension thereof, North 89°21'45" West a distance of 1,328.54 feat a point on the Westerly boundary of Section 28 and thecenterline # South Eagle Road, madced byaset 5/8 inch rebar with plastic cap stamped °FLSI PLS 7812"; thence along said Westerly boundary of Section 26 and the center line of South Eagle Road North 00°3713" East, a disianrz of 720.65 feet to the TRUE POINT OF BEGINNING; Containing 3,344,428 square feet, 76.777 acres, mare or less Subject to existing easements and rightsoF way as any may exist, of record or not of record. The Basis of Beadngs fqr this descdption is behveen the found Brass Cap Monument marking the Northwest Gomer aF Section 28, Township 3 North, Range i Eask, Boise Meridian, and the found Brass Cap Monument marking tha % Corner common to Sections 21 and 2S which hears SorNt 89°36'03" East a distance of 2,657.34 feet. Timothy J, Fox, PLS 7812 I;ND OF f>F5Cli[P F]F:ul H`W jmslxWrylJ~Igy.P,j~P,l~na~c,IP~~P,W~11nH Y-nF,SC dac 47J28i?t705 15:2' ?as;d?7d37 ~ FOX LiVJD '~~iy= WGE nq/Od ~~..~ 9M'SLS6 (f~ a._~~M`CL.~.OQ6 ~~.s~_ ~~ o r~- --~ _ 1=- ~ ~ ~ ~ I z ~ !~~ ~ a 4 , ' ~_~ U z © ~~ ' I x 9C'199 ~ o L ~~~ m ~ ~ -l ~ ~ ~ _ -- ~~~~ 1 LLJ ,9B'C'LG ~~i 1 Ur 3.1I,OC.90N ,y - - . ,C9'9T.C 3.9C,9Z.WN I ~/ Ip iv 3.RF,lLtIN 1 i'l M ~ ~ 1 I ~~ ~ ~' ail 1 f n ~ n 1 ~, ~~ I _ 1 Y N ~A In ~~ N .[6'1992 M,CY,LL00.S s ,S9'9yL ~ vi vS ~, 'Y ~ Ciz 3,CI.LC.09N Q ~~ S'd'i~ ~j FW~j* G ~ W a. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. OS-1164 PROVIDING FOR AN AMENDED ANNEXATION AND ZONING ORDINANCE An Amendment to the Ordinance of the City of Meridian granting annexation and zoning for land known as Kingsbridge Subdivision commonly located within a portion of the South %z of the Northwest'/, and the North %2 of the Northwest''/a of the Southwest'/, Section 28, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A" (revised). This parcel contains 44.39 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed by The Land Group, LLC as attached as exhibit "B" (revised) and is not based on an actual field survey. A full text of this ordinance is available,fstninsnection at City Hall, City of Meridian, 33 East Idaho on the a~ day of _ Mayor and City Council Y~fthe City ~n By: William G. Berg, 7r., City Clerk First Reading: ~- 2~- 05 Ac Rule as allowed pursuant to Idaho Code Second Reading: Third Reading: _ ante shall become effective by suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF AMENDMENT TO ORDINANCE NO. 05-1164 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Amendment to Ordinance No. OS-1164 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the publio pursuant to Idaho Code § 50-901A (3). DATED this ~ day of !° , 2005. ~ L ~. Gilliam. L.M. Nary City Attorney 1~ ORDINANCE SUMMARY - AZ-OS-003 - HINGSBRIDGE SUBDIVISION Page 1 of 1 September 16, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT The Enclave, LLC AZ 05-031 September 20, 2005 ITEM NO. it~ REQUEST Ordinance -Request for Annexation and Zoning of 2.74 acres to an R-4 zone for The Enclave - 2620 South Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See allached Ordinance CITY POLICE DEPT: CITY FIRE DEFT: CITY BUILDING DEPT: ~ Q) 3 CITY WATER DEFT: ~~ ~ V 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: r ~l i / ~ Maledals preaenfed Date: ~l~~ Phone: [~+-/- (Q ~(o ¢~~,~, ccy,~Staff Initials: A~ , . meeRnga shall become properly of the City of Meridian. ADA COUNTY RECORAERl~ DAVID NRVARflO AMOUNT .DO I I BOISE IDAHO 09129105 07. ?M DEPUTY NeavaRaney III 1111111'IIIIIIIIIIIIII'lllllllllll RECOflDED-REQUEST OF 105144554 Meridian Ciry / Q CITY OF MERIDIAN ORDINANCE NO. ~ ~~ ` l U BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE (AZ-031 ENCLAVE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE NORTHWEST'/a OF THE SOUTHWEST'/a OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMTTS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF'MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (MEDIOM/LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCII. OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: JASONAND JACKIE TRACKER SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Medium/Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-OS-031 THE ENCLAVE SUBDIVISION Page 1 of 3 5ECTIQN 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of ~1~~ `-' , 2005. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of ~J~~^'S'~" , 2005. `~~~~aunuun,,,~ ~o-~ FOR de WEERD ATTE T: ~~~,~~ s ~ _ ~G -~. A__ ~.~ ea G. ANNEXATION OF AZ-OS-031 THE ~II~11'~ISION Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this ~-O~day of .S~~~+^ der , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, 7R., 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, G~9C~ n _ C~< ~/ ..••"°"'~~•.~ NO ARY UBLIC FOR IDAHO (SEAL) q„o~o~t~~.:•..sMj~•.`• SID AT: ~?f1~t4n ~4~ :` ::-~~TAky;~ •.~ SSIONEXPIRES: ©°!,v t~7 *~ ~~~ ~*e • '°UBLSG . w •. f .• •T•. OJ '•. 9 °••....•• ¢ .• •``•.~~ OF lDP•.`•. ANNEXATION OF AZ-OS-031 THE ENCLAVE SUBDIVISION Page 3 of 3 DESCRIPTION FOR PROPOSED THE ENCLAVE SUBDIVISION June 3, 2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1l4 OF SW 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A7 THE SOUTHWEST CORNER OF SECTION 20 T. 3 N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00°44'50" E 1327.40 FEET TO THE SOUTH 1/16 CORNER, THE SOUTHWEST CORNER OF THE NW 1/4 OF SW 1!4 OF SAID SECTION 20; THENCE N 00°44'49" E 463.63 FEET ALONG SAID SECTION TO A POINT; THENCE S 89°52'45" E 45.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF S. LOCUST GROVE ROAD ALSO BEING THE NW CORNER OF INGLENOOK SUBDIVISION; THENCE S 89°52'45" E 270.60 FEET ALONG THE NORTHERLY BOUNDARY OF SAID INGLENOOK SUBDIVISION TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. THENCE N 00°44'49" E 200.48 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOS ALAMITOS PARK SUBDIVISION NO. 1; THENCE S 89°58'11" E 506.84 FEET ALONG THE BOUNDARY OF LOS ALAMITOS PARK SUBDIVISION TO THE SOUTHEAST CORNER OF SAID LOS ALAMITOS PARK SUBDIVISION N0.1; THENCE S 89°44'31" E ALONG SOUTH BOUNDRY OF LOS ALAMITOS PARK SUDIVISON NO. 2; 29.67 FEET TO THE NORTHWEST CORNER OF TARAWOOD SUBDIVISION. THENCE S 29°03'22" E 233.26 FEET ALONG THE BOUNDARY OF TARAWOOD SUBDIVISION; THENCE N 89°59'38" W CONTINUING ALONG SAID BOUNDRY 57.24 FEET TO THE NORTHEAST CORNER OF INGLENOOK SUBDIVISION; THENCE N 28°59'25" W ALONG NORTHERLY BOUNDARY AT SAID INGLENOOK SUBDIVISION 2.96 FEET TO A POINT; THENCE N 89°52'45" W CONTINUING ALONG SAID NORTHERLY BOUNDARY 593.73 FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION; THIS SUBDIVISION CONTAIN~ACRES, MORE OR LESS. WAYNE K. BARBER, W ~ P.L.S. 8444 By ' ~ // ~ 1l,id 1 ' 'I?li ~w ERlfiIAN PUBLIC ~'~/ ~'TF i1P 1~~_G~.f t;~ORKS I]EP7. 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N CIYrY~ji;~'E~y.\•.Ji~YtiZ I yo~ ~y F j~?.+ 1~...~.If_J~~i uy9ygj~ z5~ ~. I~~~t{~y1`rll~ o ~.°~ ~ R ' ~ li ~~ ~r 'a a G.~ ~ 4 j 1~ }+~ ~~~ ~a ;a . it 1 'r ~tu+ If ~~ ~ .Y~~G ~~s "+ ti {° . f. ~: P~.. L~^ey 1' SLL v ~.+ r~i1T 5 ~ p n . ...._ Sr tea. ~ ~ $ a - i i z° O i ~ ~ i f a x ' ' ~ I ~ $ $ ~ o z i i ' -i_...._~ .. ~I' g s ~ NOTICE AND PUBLISHED SiJIVI1VIARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05-~ g3 PRO VIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in a portion of the Northwest'/a of the Southwest '/a of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 2.74 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian 33 ast Idaho Av nue Meridian, Idaho. 'This ordinance shall become effective on the ~ day of ~P/~~~ ~yQ05. -~kPORq T_ "Y Mayor and City Councill6fth6CityvflV~eridian ~ "- By: William G. Berg, 7r, City Clerk I ,;~~, _ First Reading: ~~~~~~ Rule as allowed pursuant to Idaho Second Reading: -' Third Reading: by suspension of the NO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- I I ~~j The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. OS-~ 3 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). , DATED this ~ day of ~~'--t'~~ , 2005 G~~ William. L.M. ary City Attorney ORDINANCE SUMMARY - AZ-OS-031- THE ENCLAVE SUBDIVISION Page 1 of 1 CITY OF MERIDIAN ORDINANCE NO. ~/ ~ ll0 `r BY THE CITY COUNCIL: BIItD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE REPEALING AND REENACTING TITLE 2, CHAPTER 4, SECTION 1 OF THE MERIDIAN CITY CODE REGARDING THE MEMBERSHII', ORGANIZATION, AND RULES OF THE MERIDIAN CITY PLANNING AND ZONING COMMISSION; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, by Ordinance OS-1170, the Mayor and City Council of the City of Meridian adopted the Unified Development Code, effective September 15, 2005; and, WHEREAS, the enactment of Ordinance OS-1170 repealed a Title 11 including the provisions contained therein at Chapter 3, Section 3 pertaining to the membership, organization, and rules of the Planning and Zoning Commission; and, WHEREAS, the location of the provisions of the Meridian City Code pertaining to the membership, organization, and rules of the Planning and Zoning Commission are more logically located at Title 2, Boards and Commissions. NOW, THEREFORE, BE TT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDLAN, IDAHO: Section 1. That Title 2, Chapter 4, Section 1 of the Meridian City Code is repealed. Section 2. That Title 2, Chapter 4, Section 1 of the Meridian City Code is re- enacted and shall read as follows: 2-4-1: PLANNING AND ZONING COMMISSION: A. Membership, Term, and Qualifications: The Commission shall consist of five (5) voting members. They shall be appointed by the Mayor and confirmed by majority vote of the Council for terms of six (6) years. An appointed member of the Commission must have resided in the County two (2) years and in the City for one year prior to his appointment, and must remain a resident of the City during his service on the Commission. Except that at least one but not more than two (2) members may be appointed from residents of the City impact area, outside the corporate limits. Such members shall have similar residence requu•ements as those within the City, except that they need not have resided in the City for one year and need not be a resident of the City. Members of the Commission shall be selected without respect to political affiliations and shall serve without compensation. Members may be removed for cause by a majority vote of the Council. (Ord. 557, 10- 1-1991; amd. 1999 Code) PLANNING AND ZONING COMMISSION AMENDMENT Page 1 of 3 B. Organization: The Commission shall elect a chairman and create and fill any other office that it may deem necessary. A Commission may establish subcommittees, citizen advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. A Commission may appoint nonvoting ex officio advisors as may be deemed necessary. Pursuant to Idaho Code section 67- 6520, the Commission may appoint hearing examiners for hearing applications for subdivision and variance permits, and requests for zoning district boundary changes which aze in accordance with the plan, and conduct all other business in accordance with Idaho Code section 67-6520. (Ord. 557, 10-1-1991) C. Rules, Records, and Meetings: 1. Adoption of Bylaws: Written organization papers or bylaws consistent with this title and other laws of the state for the transaction of business of the Commission may be adopted. 2. Records: A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. 3. Meetings: The regular meetings of the Planning and Zoning Commission of the city shall beheld at the Meridian City Hall at 33 East Idaho Avenue, on the first and third Thursday of each month at seven o'clock (7:00) P.M. of said days. If the said first or third Thursday of any month is a holiday, the meeting shall not be held on that Thursday but shall beheld the following Thursday at the same hour and place. All meetings and records shall be open to the public. A majority of the voting members of the Commission shall constitute a quorum: (Ord. 592, 11-17-1992) D. Expenditures and Staff: With approval of the Council, the Commission may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by a commission shall be within the amounts appropriated by the Council. Within such limits, any commission is authorized to hire employees and technical advisors including, but not limited to, planners, engineers, architects and legal assistants. E. Duties: The Commission shall have the duties as set forth in Title 11, Chapter 5 of the Meridian City Code. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PLANNING AND ZONING COMMISSION AMENDMENT Page 2 of 3 PASSED by the City Council of the City of Meridian, Idaho, this day of .-~%'/J,~(is-r~ ~~ , 2005. APPROVED by the Mayor of the City of Meridian, Idaho, of~i~'J~G„+~-G--~ , 2005. APPROVED: ~~~~ ~o CITY CLERK ~' OPAL = ,o am.. ~~®B~'°0~®®enaor aaoe®ea®~®®®a~o Z~~ this ©~ day PLANNING AND ZONING COMMISSION AMENDMENT Page 3 of 3 September 1 b, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT September 20, 2005 ITEM NO. ~ 23 REQUEST Executive Session per Idaho State Code 67-2345(1J(b)R(c) 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 Date: Phone: Staff Initials: T Mafedalz presented at public meeflnps shall become properly of the City of Meddlan.