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HomeMy WebLinkAbout2002-11-19 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 19, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ . Tammy de Weerd X Cherie McCandless X k Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: a~ve a~de d-- 6:00 p.m. 3. 6:30 p.m. 4. Update on Park Impact Fee Ordinance: dtJ-at.Skv<..! ~fldcJ:i.., ~efrvv tf):J: In1-eiA-& fir;-- fJ)fL -t L/~ Club Discuss Mill Levy Adjustment Election: c:4r c:us-r.ecV Meridian City Council Agenda - November 19,2002 Page] of 1 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. MAYOR Robert D. Conie .~~" A~l~" '(-'.~-" ." tit.. ~ '~j:l_~' 'tr ~-, -=-.~,.r.."l' ~- ..~~' eM; '-ITY OF i1't~, . tN.. ,. ~- -'~r .~ erlditfn'-~-:'~l; '\ I IDAHO IJ; -^ Y ~~ /- C,s,1'J-- Q . F $.IHCf \ 1903 LEGAL DEPARTMENT (208) 288-2499 . Fax 288.250] PARKS & RECREATION (208 888-3579 . Fax 898-550 I PUBLIC WORKS (208) 898-5500 'Fax 887.]297 BUILDING DEPARTMENT (208) 887.2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy dcWeerd Wil!iam L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, November 19,2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Update on Park Impact Fee Ordinance - Discuss Mill Levy Adjustment Election: The public is welcome to attend the meeting. DATED this 15th day of November, 2002. 33 EAST IDAHO. MERIDIAN, IDAHO 83642 (208) 888-4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193 CITY OF MERIDIAN PROPERTY TAX INFORMATION CITY COUNCIL 11119102 RECEIVED NOV 1 9 2002 CITY OF MERIDIAN 0.004000 0.003500 0.003000 0.002500 0.002000 0.001500 0.001000 0.000500 0.000000 Levy Ratesl 9008 1997 1998 1999 2000 2001 2002 2003 2004 2005 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 City of Meridian Property Tax Revenue Compared to General Fund Expenditures Total Property Tax City of Meridian - Ada County Assessed Valuation - Calendar Year $3,000,000,000 $500,000,000 $2,500,000,000 $2,000,000,000 $1,500,000,000 $1,000,000,000 $0 Actual Actual Actual Actual Actual Actual Est Est 11/19/2002revenuetrend1102council January 3, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT January 7, 2003 ITEM NO. S~^ (rL REQUEST Approve minutes of November 19, 2002 Pre-Council Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ ~~ Contacted: Date: Phone: Materials presented at pubflc meetings shalf become property of the City of Meridian. 6:00 p.m.3. 6:30 p.m. 4. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 19, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Tammy de Weerd X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve Amended Update on Park Impact Fee Ordinance: Discussed J update Letter of Intent for PAL & Lions Club Discuss Mill Levy Adjustment Election: Discussed Meridian City Council Agenda - November 19,2002 Page I of] 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. Meridian City Pre-Council MeetinQ November 19. 2002 The Pre-Council Meeting of the Meridian City Council was called to order at 6:00 P.M. on Tuesday, November 19, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Tammy de Weerd, Bill Nary, Keith Bird, and Cherie McCandless. Others Present: William Nichols, Brad Hawkins-Clark, Kenny Bowers, Stacy Kilchenmann, Gary Smith, and Will Berg Item 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCand]ess X X Mayor Robert Corrie Bill Nary Keith Bird Corrie: We'll ope,:! the Meridian City Council, Pre-Council Meeting on Tuesday, November 19, 2002 at 6:00 P.M. and we'll have roll call attendance please Mr. Clerk. Item 2. Adoption of the Agenda: Corrie: Okay, Item Number 2 is the adoption of the agenda. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Under Item Number 3, the update of the Impact Fee Ordinance I would also like to add an item that the Parks and Rec Commission asked me to ask the Council to do tonight if possible and I forgot to get it on the agenda. I hope that we can work it - seeing it is under Parks that maybe we could work it in with that if it's okay with you and the Council. Corrie: What is it? Bird: It's just a rea] easy thing. They would like a letter for the Lions and the PAL that we are willing to partnership with them. We don't have to name a location like we did with baseball. Corrie: With a letter of intent without a location - Bird: Yes, without a location. Corrie: Oh, okay. Meridian City Pre-Council Meeliio~ November 19. 2002 Page 2 of 16 Bird: If that's agreeable with everybody. Nary: Sure. De Weerd: I don't see a problem. Bird: If that's agreeable then I would move that we adopt the amended agenda. McCandless: Second. Corrie: Okay motion made and second to adopt the amended agenda any further discussion? Hearing none all those in favor of the motion say aye. All ayes motion carried. MOTION CARRIED: ALL AYES Item 3. Update on Park Impact Fee Ordinance: Corrie: Item Number 3 is the update on Park Impact Fee Ordinance and believe - Bird: I'm going to turn it over to Mr. Nichols to start with. Corrie: Okay. Nichols: Mr. Mayor, Members of the Council with Tom Kuntz' departure we had setback a little bit on these things but let me tell you my understanding where we are on these different items. Our office is in the process of revising the Park Impact Fee Ordinance to bring it into compliance with the 2002 Legislative Mandates. I've had some meetings with Elroy Huff and there are really kind of two areas that I think need worked on, and he is working on them. One is the actual proposed fees that are going to be brought to you. Tom Kuntz had put together quite a bit of material and had worked it down to basically a one-page summary of the proposed fees. They've been through the Park Impact Fee Committee process and I believe he had consensus from that Committee that those fees were accurate, appropriate and the assumptions that went into them were fine. It's one of those things where if you asked a question well where did this number come from Tom could tell you but it wasn't necessarily on the paper. Things like population figures, total acreage for existing parks, and those different categories. I've talked with Elroy about getting those numbers and breaking them out in a format to where anybody that picks up that document knows where the numbers came from and how they were derived. That's the way it will need to be presented in the Public Hearing to get the Impact Fee Committee to put their blessing on the revised document, presentation if you will. The other thing is that the Capital Improvement Plan, which is a necessary element of any impact fee, which was the Jerry Dragoo Plan, which you approved but there were also ( Meridian City Pre-Council MeeHl,\,! November 19, 2002 Page 3 of 16 essentially two other things that needed to be incorporated into it. One was there were some comments from Planning and Zoning Department about the plan that had to be worked into it. The other thing was to work in the Pathway Plan so that we would have one document that showed all the proposed capital improvements for the Park's Department because you have to have that as a foundation for an impact fee. Elroy has been working on that and Keith told me tonight that Elroy and Steve wanted to get together with me and Jim Keller who's on the Park Impact Fee Committee and work on getting the Capital Improvement Plan thing put together and finished so that we've got that part of it done. We're proceeding but it's not as quickly as any of us has hoped. That's the status and you know if you have questions to the extent that I know the answer to the question I'd be glad to share the answer with you or defer to Keith or Elroy. Corrie: Bill what does it look like as a timetable? Nichols: Well my goal is to have my part of the Impact Fee Ordinance. I would like to have a good solid draft in three weeks that's my goal. I would really -- is to be able to have it adopted by the end of December. The Impact Fee Ordinance won't necessarily change the fees that are - but at least we've got all of the stuff in place that needs to be there. On the fees themselves, one of the other things we have to be sensitive to is what the effective date would be for the new fees. Since they're paid by the builders one of the things that we run into in discussing a change in the fees is the builders say look we've got - working with somebody who wants to build a home they come to me, we work out the set of plans and then we price those plans. We might be a period of time out before we pull the permit when we actually sign that agreement with that owner to build that house. If you make the impact fees effective too soon, they will have already locked in the price with their buyer before they pull a permit, then they pull a permit, and all of a sudden, the fees are more than what they had factored into their assumptions in their agreement. We need to be sensitive about that but the Park Impact Fee Committee can help us with that in terms what a recommended effective date would be from the time of approval of the fees. The way I see it we would have to notice the fees for Public Hearing and then the week following that you would adopt the resolution setting the fees. I mean, if you tweak the fees or change the fees at the Public Hearing and then the next week you adopt those fees on an effective date so there's that part of it. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Bill, on the timetables (inaudible) of the year. Did I hear you say there isn't a legal necessity that it has to be passed by the end of the year was there? Nichols: Councilman Nary, Mayor and Members of the Council technically, our ordinance right now does not fit the current State Law. ACHD was given some , Meridian City Pre-Council Meeth,!:! November 19,2002 Page 4 of 16 extra leeway but the rest of us weren't necessarily given that leeway. The big thing with the builders though, was that we had been collecting - it's in the ordinance to collect a 10 percent administrative fee, a surcharge on the impact fees for the cost of administering all the stuff. That kind of a surcharge isn't authorized in the enabling legislation either before or since so we basically quit collecting the 10 percent fee. The builders I don't think are in too big of a hurry to see us finish this process because the fees will be more than what they are now. Legally, yes we need to get it done. The end of year isn't a magic number as far as what the law is but it's just kind of a logical if we can have it done and effective by then great then at least we've cleaned up that part of it. Nary: Would the 10th of December - you said three weeks to having a working draft. Is that a good target for like another Pre-Council discussion and then have a Public Hearing on the 1 ih? Obviously, we have to have note of it, advertising prior to that but having that on the 1 ih and that still gives us the 30th if we need fix or change or do something else. Nichols: Councilman Nary, Mayor, and Members of the Council here's what I would propose to do. When I have a draft done, I mean the people that are most interested in this are the SCA and the realtors. We would provide them the draft because if I missed something or didn't get something quite right they'll be real quick to let me know. Then we have their comments then at least if there's something that's a policy issue that maybe I, from reading the way you've done things I think well I don't think the Council's going to buy their view of what the policy is. I think I sent you a memo some months ago and said here's some kind of policy issues. If it's that kind of thing I'm just basically only going to go based on probably what I think is appropriate and what I read that I'll think you'll do. If they disagree with those they're free to come in and explain to you why that's inappropriate but if there's some technical thing in the enabling ordinance that I've missed then at least that gives me a chance to clean that up before that part of it comes to you. My goal would be to have something done by the 10th but I don't know that it would be necessarily ready to go on the 1 ih and I know we're not going to have a meeting before. Maybe it's optimistic to have it done by the end of the year but I'll just do my best to try to at least get the draft out and to the realtors and BCA as soon as we can. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: So you would like to have the draft out in three weeks. Will this have gone through the Impact Fee Committee within that time or that's just what you're shooting for to get the document itself? Nichols: Councilwoman de Weerd, Mayor, and Members of the Council that's my goal to have it done. The Park Impact Fee Committee is really there primarily to \ Meridian City Pre-Council Meetll'~ November 19, 2002 Page 5 of 16 work on the calculation of the fees not necessarily to review the proposed ordinance. I don't think, I mean there are some things that came out of that committee about the Park Impact Fee Ordinance but those things came from the Realtor's Association Lobbyist and the BCA Lobbyist not necessarily as okay Impact Fee Committee how should we revise this ordinance. It came up as a result of that legislation that was passed. De Weerd: So if we were to follow our established procedure we could have the draft in three weeks in time for the Park's Commission Meeting. Park's Commission can look at it, give it's recommendation and send it on to us on the 1 ih just for the initial discussion Pre-Council's discussion? Nichols: We'll try. I mean I don't know that there's a magic number we'll do our best to have it done. Again, I think that we've more or less identified all of the technical things that need to be changed and there is a bunch of them. The policy issues and I think there were only four or five of those there weren't that many. There were some things that aren't really in the enabling legislation that aren't prohibited. I can't think off the hand right now what all those are but there were a few things 'that the realtors and or BCA wanted us to ratch it way down. Like how long after they pull a Building Permit they can apply for a refund because they think the impact fee was improperly calculated or something. My preference is a shorter rather than a longer one just because of the administrative headache if nine months after or 90 days after somebody pulls a permit they think oh, wait a minute, this wasn't correct and they want a refund just those kinds of issues. De Weerd: Mr. Mayor. Corrie: Go ahead. De Weerd: So am I to understand then the new formula will not be a flat straight across fee for every home but based on the square footage or value of the house? Nichols: No, Councilwoman de Weerd, Mayor, and Members of the Council the Park Impact Fee Ordinance does not set those fees. The fees themselves would be set by resolution and those fees are tied to a single residential unit. If an apartment has eight units in it, they pay eight Park Impact Fees for that Building Permit. If it's a single-family home, they pay one. Commercial development does not pay Park Impact Fees. De Weerd: So it stays the same. Nichols: It's a flat fee. It does have two elements to it. What's proposed has a neighborhood park element and a community park element so there's a separate fee for each and then a combined total. Part of the rational for that was -- and I I Meridian City Pre-Council Meetlr,~ November 19, 2002 Page 6 of 16 most of the new developments there's some kind of amenity or something that qualifies as a neighborhood park actually being built by the developer. There are some areas of town that don't yet have these neighborhood parks or for example we have the one in Autumn Faire, which is about seven acres. It's not developed and that will need to be developed that there should be some fee paid to go toward the neighborhood parks. The builders and the developers wanted us to - and I think it's probably appropriate, view the neighborhood park fee as one that eventually goes away. That once you got your neighborhood parks where they need to be in terms of your population, the different subdivisions in areas of town then that part can drop off and then all you're collecting for is the community parks. By setting it up this way to where there's a calculation for neighborhood parks, community parks and how those the different assumptions that go into it then that facilitates at a later date when the neighborhood park is done dropping that part off. Then you just have the community parks that you use. That's the kind of thing that needs to be spelled out and done in a presentation so that when I'm gone, Elroy's gone and everyone here is gone somebody picks up the file and you can see what's done. Also to set in a pattern of every year having a Park Impact Fee Committee meet and look at the underlying assumptions. We're assuming a' certain price per land for acquisition and a certain price per acre for development. What did we actually spend in the previous fiscal year or two for development and acquisition? What's the current price for raw land that developers are paying? All of those kinds of things in the more detailed without getting you know add (inaudible) but the more detailed type report then we know kind of what the punch list is that every year the Park Impact Fee Committee has to look at. There are other factors to be taken into account is when should they meet, when did those numbers get put together? It needs to be tied into the budget process so that the Park's Director and the budget request can say here's what we anticipate coming from Park Impact Fees, here's where we can spend it and all of those kinds of things. Corrie: Any other questions? Well let's see if we can shoot for the 10th and see where we go then. Keith. Bird: Now Mr. Mayor, the second part of that is Council, PAL and the Lions Club, the rodeo would like a letter of intent to partnership with them with no specific location written by the Mayor if it would be your pleasure to do so. I would certainly think that would be the right thing to do so that they can go out and try to raise money also. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Do you think we need a motion. I certainly don't have an objection to that. I think we've given one to - , Meridian City Pre-Council MeetJll\,l November 19, 2002 Page 7 of 16 Bird: We've given one to baseball. Nary: -- baseball coach. I (inaudible) think it's a great idea, I think we've made that commitment to these folks on more than one occasion as well. I think that's certainly fine to me as long as the Mayor's comfortable with that as well I don't see a problem with that. Bird: I don't see a problem at all and what the - Park's and Rec kind of took a vote last Wednesday and what they had basically come up with was the rest of Settler's for baseball, Lochsa Falls for PAL and Borup for rodeo. That's not setting the (inaudible) you know that's - but I do believe it would be very nice for us to, for the Mayor to send out a letter to those two organizations so that they do have some firm background when they go out raising their money. De Weerd: Is that in a motion? Bird: I'IJ make that as a motion you bet if we need one. Corrie: You don't need it. Bird: I don't think we need one we didn't have one for the other one. As long as the Mayor doesn't - Corrie: I don't object (inaudible). You can vote on it if you want but I'll write the letter tomorrow since we're all in agreement. De Weerd: No. Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Keith, did I understand that then they're going to discuss park locations for each of these entities then when they next get together. Are they considering meeting prior to their scheduled meeting to address park locations so these entities can start designing? Bird: I think they basically discussed that last Wednesday and took a formal vote on it of what - and I said that was the locations that they had come up with. As a park that would be their recommendation, which it isn't formal yet, that will be coming before us to us on that I believe. De Weerd: And since it's not formal, these entities really aren't at liberty to proceed yet with designing. Bird: The only one that is at liberty I would say probably is because they've got a letter of intent that says Settler Park. I think that's basically, what the Park's and Rec Commission were getting after because they have already got a letter. I \ Meridian City Pre-Council MeetilllJ November 19, 2002 Page 8 of 16 think that's why they wanted to feel if that was the majority of the Park's Commission. It was the majority of the Park's Commission that that's where the baseball be located. Corrie: Yes the letter of intent was to work with them in partnership in the west end of Settler's Park. There was no set acreage or anything else there but I think during their meeting they were discussing about if you had that all in PAL you'd never get anybody in and out so I kind of concur with - Bird: The Commission had a very nice discussion. There was some very, very good points brought up and it definitely was - I think traffic wise the baseball will probably be the best. I think PAL would impact way too much traffic out there at times. That's -- I think most of them felt the same way so I'll get the minutes and give everyone of you a copy of the minutes for it and you can read what their discussion was. De Weerd: I guess I would just like their firm- Bird: Commitment. De Weerd: -- commitment or firm action you know so we can I guess at prior meetings we've said we want that from the Commission. I understood that was a soft vote because it wasn't published on their agenda so they didn't feel that it could be termed an action item so it would be then deferred to the next time they get together. Bird: I don't know how they - I don't know what they run their rule or their meeting under. I haven't figured out what kind of agenda or what they run because they've added to their agenda and they add off and on. I don't know whether that was a soft vote or - I took it as being a hard vote. They all were very definitely vote and give their reasons. De Weerd: Then can we get a written recommendation for the minutes? Bird: Well, I would think we would be able to. De Weerd: From Bruce, just get it from Bruce and we can - Bird: Weill would do it with the Commission you bet. We can certainly get that. We can get the minutes and I think the minutes were pretty - will tell you everybody's view. Jim Keller was not there. I think the vote was probably four to two. De Weerd: So, the ball's in our court. Meridian City Pre-Council Meellny November 19, 2002 Page 9 of 16 Bird: I would say the ball would be in our court but I would like a formal written letter. I will ask for a written letter from them, from Bruce. I'll get you a written letter and I'll give you the minutes. De Weerd: Okay. Corrie: So this letter of intent then is to partnership - Bird: Just a partnership yes. Corrie: -- with no specific (inaudible). Bird: No specific location. Corrie: Okay, anything else? Okay your clocks wrong up here Will. It's a little early that one's just about right. Item 4. Disc~ss Mill Levy Adjustment Election: Corrie: Anyway, Item Number 4 is the discussion Mill Levy Adjustment Election. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess this is your item since it came up in the State of the City Address. Corrie: My main question is are we going to go for it again or are we not in the spring. A lot of people have been asking me about it both pros and cons. I got one from Doug Armstrong from Channel 7 has been bugging me he wants to get it on television and get it moving again so I thought we better bring it up and see if you had any ideas what you thought of another run at it or let it ride. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess maybe I assume that's why Stacy has graced us with her presence to kind of give you some clarity on what's in front of us. I know Will has put in our boxes a really good comparison to mill levy rates in both Ada County and Canyon County and even the different taxing entities which was very helpful. I think this is the first time we've seen something like that and I sure appreciate that. I do have my own comments but maybe Stacy can share with us the trends that are happening here. (.. [ Meridian City Pre-Council Meeliny November 19, 2002 Page 10 of 16 Kilchenmann: Mr. Mayor and Members of the Council this is just some information that I put together today for your discussion or just for you to consider. I think you've seen it before. The top chart is our levy rate, it's been updated for the 2004 for the actual, and then the 2005 are based on a trend so you can see which direction the trend is going. The second graph is taking the top line, the red line are the general fund actual expenditures with one year of budget for 2003 and that would be all personnel, operation and capital outlay. The yellow line is the total property tax we collect which includes the amount we get for new construction and annexation. The blue line is the base property tax that's just property tax without the new construction annexation and the orange line on the bottom is the amount for the construction annexation. It just kind of separates it into its components just for comparison purposes and the bottom line is just graphing one of the documents that Will gave you that shows the actual assessed market value by calendar as the county completes each time period and the direction it goes. They are just some graphical representations on what is happening with the levy rate and our revenue and how much we are spending. De Weerd: Mr. M~yor. Corrie: Mrs. de Weerd. De Weerd: On the amount that is being expended is that including capital or is that only operational, on going expenses. Kilchenmann: That includes capital. That would be the actual just dollar amount total that we spent for the year. It spikes up when we added the Police Station and the overpass when it spikes in 2002. De Weerd: Can you do something that just shows operation and personnel. Kilchenmann: I can. I can separate those two. De Weerd: Cause the capital expenditures in particular, facility and land type of expenses are really misleading their one time only. Although capital as far as a fire engine expenditure, I think that's a necessary item for and are police cars and that kind of thing. Those are ordinary and necessary in most regards so I don't know if there's a clear delineator on that but if you could find it. Those would be very helpful. Kilchenmann: I'll separate the capital cause probably what's ordinary and necessary changes from everyone's opinion to person to person. I can just show that separately so you can see. Like the Police Station that's in our operating every year because, as we make the bond payments but it will be easy to separate them. De Weerd: Mr. Mayor. Meridian City Pre-Council Meetiny November 19, 2002 Page 11 of 16 Corrie: Mrs. de Weerd. De Weerd: I guess two things. One I know through the Mayor he's put out information that we have on December second legislative day over at Boise City Hall. I think it would be very important to have this kind of information to kind of bring along with us but also how much of the revenue is from the State shared fund so we know if they cut us the total impact that would have. I think we need to be as informed as we can go into that since we are already reading about it in the paper. Secondly, I know I had mentioned this last week but as we, look whether we need to go and look at a mill levy increase I would like to propose that we form a task force of citizens with representatives of various entities. The largest employer in our area is the school district maybe Blue Cross, Saint Luke's and United Heritage perhaps. A chamber representation from maybe a service club or two, BCA, Association of Realtors. Our Commissions and maybe some citizens to really take a look at our budget our process that the trends that we are starting to see the narrowing gap between the revenues collected and our ongoing expenses. to of operation and personnel. Look at the different revenue strings we have and really critique are we doing what we can. Are there other things that we haven't considered and come back to this body with a recommendation on revenue sources and if this looks like something that we need to go to our citizens and ask for an increase? Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: I would concur as well with something like that because I think that the general population of taxpayers in this community aren't really concerned with what elected officials think about raising their taxes. I think they need to hear it from other people like themselves. Like Council Member de Weerd said you are going to talk about employers, school district and general citizens that have an interest in the topic and bring us recommendations on whether or not to have an election whatever they come out of that group with will probably carry more weight with the general public then what we think. I think we've talked about this before and I think generally have a group how we get to that we may not all have the same idea but that something at some point is going to need to happen I think we've all agreed with that and that hasn't been enough to carry the day to the general public. They either don't perceive the need, as significantly as we do or they don't perceive this is the way to get at that need having somebody else maybe carry that banner that might be able to be a little more closer to the general public in something that they can feel a little bit more comfortable with. Something they can wrap their hands around a little bit better has got to be better. I just think it's worth the try to do that. I think if we just run an election and try to do it as was done last year I think we are still looking at the same kind of reaction. I just don't think we can put it in terms to the folks, to the general Meridian City Pre-Council Meetiny November 19, 2002 Page 12 of 16 public good enough for them to sell it. I think we just need some other peoples input and some other ideas and you know if they think its not a good time to do that then I guess we need to weigh it and see what else there is. I think its got to be at least a better option then us just trying to push that forward, I think that people just don't think elected officials really understand enough about it even though we work with it all the time. I think they want to hear it from somebody that is more like their neighbor, their co-worker, their teacher, their boss somebody else that they can relate too and I think that is a good way to try to get that. Nichols: Mr. Mayor. Corrie: Mr. Nichols. Nichols: Mr. Mayor a question of the Clerk. It seemed to me that we had to have a resolution on the levy, was it February Will? I can't remember when we had to have that done. Do you remember how many weeks or days in advance of the election we had to have-? Berg: Mr. Mayor. I don't remember exactly how many weeks in advance but if you remember, we ran election, a special election in May, and then one also on Election Day in November. The resolution was eight, six to eight weeks there was a time where we had to have a resolution to set a special election date. I don't know if February was that far in advance or not. Nichols: Mr. Mayor, Members of the Council, it just raised that issue then whatever you are going to do if you intend to. If it's the recommendation or whatever to put it on the May ballot there may not be that much time to get it organized and get it sorted out. Between Will and I we can let you know what that deadline would be so that you at least have that factored into your decision. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I guess in terms of when we would run that I would like the task force to consider that as well. Perhaps maybe with some information from our attorney, Will or Stacy on if we run it during the next city election in November when would that increase take effect if it were to pass. If it's to late for the next budget year I think we could also consider running it in August and that gives the Committee more time to be thorough and with their findings to this body. If it looks like there's no difference if we do it in August versus November on when would we start collecting that increase should it pass? Then I know Council Member Bird just mentioned he'd like to see it during the general election and that would be appropriate. However if there's a reason to do it earlier be cause of the impact it would have on the next budget to be determined then we need to Meridian City Pre-Council Meeting November 19,2002 Page 13 of 16 look at running it earlier if that is the recommendation. That should also be part of their recommendation or consideration. Corrie: Just trying to think. I think you only have two times you can run. One is in May and one is in November. Nichols: Mr. Mayor members of the Council I think you either have to run it on a primary election or you have to run it on a general election. I don't think you have the option of selecting a special day. Corrie: I don't think you do either. Nichols: I know that there is said in the Statute what ones you can go on but I think when the Legislature did it they didn't want somebody kind of cherry picking a date when they would sneak up on people or whatever. They had it pretty well spelled out as to when those could be. Corrie: Talking wi~h Ken I was thinking he made that pretty specific that it had to be two times. May and then you could do it the following year January the first. If it's in November it's got to go all the way around the clock, all the way again twice. Bird: So if it was the passed in 2003 and it passed in May 2004 that calendar year it would be ethical. If you passed it in November then it wouldn't be ethical till 2005. Nichols: Well Mr. Mayor, Members of the Council I don't think its quite right because even if it passes in May its effective on a particular date but that money isn't collected until you know June the following year and so your quite a ways behind anyway. I think if it's the November election it would still be the same timing for actual collection as the May election. I see Stacy shaking her head so I think I recall it correctly. De Weerd: If that's true there's no advantage budget wise so it should be during the next general election. Corrie: Yes I think it would be wise to go in knowing exactly what we are looking at. Then I'd hate to form a Committee now and then they don't meet until June or July and then get them started. I mean what we want to look at who you want to - people you want to - I mean I'm sure you have some ideas. You were reading some ideas there so maybe we can get the people together and say okay we can form this and then the group can look at it after we got all the answers but we run the risk if we do it too soon that your going to (inaudible) to early. Bird: Mr. Mayor. { Meridian City Pre-Council Meetiny November 19, 2002 Page 14 of 16 Corrie: Mr. Bird. Bird: I agree wholeheartedly. We were thinking on that because if you look at the school bond they get a committee in place and they don't get those things out unless we (inaudible). The public's real funny. If you get it out to early they forget about it. It's just like elections. We all know we've all ran for it. The last two weeks before the election is when you take the most shoe leather off. You know you go out the night before the vote day and people look at you, what election are you talking about you know, so. That's the truth. You know so I think the Mayor has a good idea there. I think we need to look and see when we can have it and I think I'm like Tammy I think that how the money when we can do it - but I believe that the way the money is collected that whether we did it in Mayor November we'd still get the same time. I think our money would become available the same time or increase or whatever it is. I would prefer if that is true, I'd prefer to have it on the general election one. Hopefully we can get the people. Nary: Mr. Mayor. Corrie: Mr. Nary. Nary: Maybe just the next thing to do then is just within the next couple three weeks is just getting a real clear picture of these dates and note that kind of issue. I hate to impose on anyone's time during the holidays. It almost feels like people get stretched pretty thin as it is but if it is something that like you suggested we get these folks interested. Another thing I guess I'll just throw out is I think a person that we would like to have as actively involved in this as possible not trying to stack this Committee at all. The school district I think like Mr. Bird just said they've done a pretty good job in getting these passed and I think using that knowledge and that ability they've had with both Christine Donnell and her staff and being able to show the public what their needs are and how they need to address it. It's obviously a resource we need to focus on and I'm sure that she and her staff would be more then willing to help participate in this and I think that's one of the resources here that really need to look at pretty strongly in helping us get this message out. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I agree. I don't know how active they would want to be involved cause they do have bonds coming up all the time and you know. They would be really good to lean on. To find for information and how to do it - you know and I think you can start with Christine and go right through the school board and their Committees and stuff like that and see how they do it. How and when they start it and how they do it. Like I said the 37 years I've lived here I've only known one time that the bond went down and that was the first one for Centennial and I think ( Meridian City Pre-Council Meetiil8 November 19, 2002 Page 15 of 16 that was about 84 come back six months later and passed. They got some bad information out and I think they learn a lot right then. Corrie: The demographics have changed considerably. I mean that same election was held six years ago" (inaudible) but they got the younger demographics here that have kids. They want to have schools and that's good so we can learn from them that's for sure. The more support you get nobody likes to raise taxes. I mean in Idaho I know that's not the popular way to do it, but I think that's a good idea lets start working on it and see where we go with it. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: Maybe in the next three weeks or so we can collect some main ideas. I know that the school district when they convene their taskforce you want to have a diverse group with a wide array of opinions, backgrounds and maybe we can start thinki.ng about that. Yes, I've talked to Councilman Members and staff members on maybe some ideas that they might have. I think though that the sooner we can identify these people we can get this on their calendars cause I'm sure that they too are very busy. As Stacy and I found out before it - there will be an education period that I don't think you can start early enough. If we started after the beginning of the year and offer them an opportunity to sit with Stacy and her staff to understand and Will to walk through the process and really get some good background before they dove into it. I think this will take a number of months for them to even formulate a recommendation, and then it's a matter of establishing the resolution and all the technical things that need to be done in regards to that. Based on their information they can take the ball up further from there and work to educate the community on their findings and that sort of thing. I don't think we are starting to far in advance. There's going to be a lot of foot work necessary to even understand these formulas and how state laws impact the formulas and those kinds of things cause I don't know how clearly how we all still understand it so just an idea. I'd like to see it get started just after the beginning of the year. Corrie: Will. Berg: Mr. Mayor if I could just comment just briefly. I think with the present situation with the states revenue it would probably be a good time for the Committee to look at what their situation is in related to what the city's reaction would be if their funding is discontinued. Corrie: There, they have some pretty heavy getters up there talking right now. All right anything else. Okay we will get cracking on it and lets. ***End Of Side One*** I Meridian City Pre-Council Meet'n I\J November 19, 2002 Page 16 of 16 De Weerd: So maybe we reschedule it. I'm going to be gone the week of the 8th through the 15th. Corrie: Are we talking December or January. De Weerd: December so if we could either do it the 3rd or the 1 ih. Bird: We can schedule it the 1ih cause the Mayor isn't going to be here the 3rd. Corrie: So you want to have names and ideas and things and that to the Council. Okay everybody work on that one and (inaudible). What day again? De Weerd: 8th through the 15th. Corrie: Oh okay so the 1 ih maybe we can have. Okay anything else? All right, I guess that takes care of that so with that being said I guess it's 7:00. Pretty good scheduling s9 I will entertain a motion to close the Pre-Council Meeting. Bird: So moved. De Weerd: Second. Corrie: Motion has been made and seconded to close the Meridian City Pre- Council Meeting on Tuesday November 19, 2002. Any other discussion? All in favor say aye. All ayes motion carried. Meeting close at five minutes to seven. MOTION CARRIED: ALL AYES MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: RT D. CORRIE, MAYOR \\\\\\lIJllllIll \\\ ~r,.I'1 ,\.'\.'"" of owt~T!jl/'II/. ~~ ;:\ "'-'l"~ I'I'~ S (} oT\PoR..1 /'; v ~ ~ ~G /:'-.. ~ ~ ~ ~ ~ ~ ~ ~ - ~ - - - = / / 7 / 03 DATE - - MAYOR Robert D. Con'ie ':M'k~~'~' .. ~_, r>,..JJ;',;:,. '11: ~ CITY OF I't~'~t.t. erldian;-~1~~"\ ~ IDAHO I~ .>. y ~~ /' 'll~qJHC( , ,1903 LEGAL DEPARTMENT (208) 288.2499 . Fa:-: 288-2501 PARKS & RECREATION (208 888-3579 . Fax 898.550 I PUBLIC WORKS (208) 898.5500 -Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fa:-: 887-1297 PLANNlNG AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWecrd William L. M. Nary Cherie McCandless Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, November 19, 2002 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Update on Park Impact Fee Ordinance - Discuss Mill Levy Adjustment Election: The public is welcome to attend the meeting. DATED this 15th day of November, 2002. ~ ... 33 EAST IDAHO' MERIDIAN, IDAHO 83642 (208) 888-4433 . Fax (208) 887.4813 . City Clerk Office Fax (208) 888-42\8 . Human Resources Fax (208) 288-1] 93 i ,. ** TX CONF I R, .. ION REPORT ** AS OF NOV 19 ' 02 <109 PAGE. 01 23 24 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 11/19 21:01 3810160 11/19 21:02 PUBLIC WORKS 11/19 21:03 12084664405 11/19 21:04 8841159 11/19 21'04 2088840744 11/19 21:05 2088467366 11/19 21:06 208 898 5501 11/19 21:07 92083776449 11/19 21:08 208 388 6924 11/19 21:09 2088886854 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 00'25" 001 00'09" 001 00' 19" e01 e0' 19" e01 00'18" 001 00'19" 001 e0' 18" 001 e0'18" 001 00' 19" eel 0e'18" 001 CMDI:I 053 053 053 053 053 053 053 053 053 053 STATUS OK OK OK OK OK OK OK OK OK OK --------------------~----------------------------------------------------------------------- 6:00 p.m. 3. 6;30 p.m. 4. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 19, 2002 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: __X Tammy de Weerd X :::x= Cherie ~Candless ~ Mayor Robert Corrie 2. Bill Nary Keith Bird Adoption of the Agenda: tJ/.l'f7YVV"e a~ cG Update on Park Impact Fee Ordinance: dl'sa.:. 6 k.A-/ (;.(,.~ d~ C. e-~ dJ:t: / Pt f-e.....t:- fin- P.lft t t./Zn.:r C~ b Discuss Mill Levy Adjustment Election: tky c-u.n.u:O Muidion Ciljl C<>\IJ1cil AS"""" - Novombc< 19, 2002 I':o.S" I of I All l1,"tmoh pr""'1.old!l1 publi< mccli.ns. .boll bero",. proportyofth. Cily of Meridian. Anyon. dtsiringllocommO<latioo ror disabUitios rebled to OO<1lm<JlII and/or h....;oS' plcQO CO,1la<t1h. City Cl",I:-. Office 01888-443) &I1..Sl48 hour. priorIo \he public mocting_ ** TX CONF]RMh, .ON REPORT ** AS OF NOV 19 '02~i:15 PAGE.01 CITY OF MERIDIAN 01 02 03 04 05 06 07 DATE T]ME TO/FROM 11/19 21;09 8950390 11/19 21:10 208 387 6393 11/1921:11 ADA CTY DEVELMT 11/19 21;12 CHERRY LANE 11/1921:13208 888 1983 11/1921;14 ]D PRESS TRIBUNE 11/1921:152088886700 MODE EC--S EC--S G3--S EC--S G3--S EC--S EC--S MIN/SEC PGS 00'18" 001 00' 19" 001 00'39" 001 00'20" 001 00'26" 001 00'20" 001 00'20" 001 CMDl:! 053 053 053 053 053 053 053 STATUS OK OK OK OK OK OK OK ---~-------~-----------------------~------------~--------------------~---------------------- CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, November 19, 2002 at 6;00 p.m. City Council Chambers 1. RolI~call Attendance: ---.X Tammy de Weerd X Bill Nary =x Cherie McCandless =x= Keith Bird ~ Mayor Robert Corrie 2. Adoption of the Agenda: tt-'/'J'?Y&V"€ a~ ~ Update on Park Impact Fee Ordinance: d/:rar..f'.R.p.....! (..(..fJ d~ c.e-~~:F/nl-e.......t:-~. P/fL ..rL-/'ln':;C~b Discuss Mill Levy Adjustment Election: tkr c<<.S'J'.e.d.-' 6:00 p.m. 3. 6:30 p.m. 4. Morid;... City Coo"c;J AS<nda - Novombcr 19, ZGOZ .l':ls' I or 1 All ,notcri,,]. pro.",,1ol<I 01 public meeting. dull a..,.,,,,. prop~ Qflll. City ofM<ri&n. Anyon~ d'liirinlloceommodatinn ror d.isa!lUitios [&ted 10 dOCll",..,!, lIlldlor h..nng.< pl_. C01Jl:lct lbe Cily Clc:rk". orne<; III 388-~433 at loast48 hoors prior 10 the public mooting. CITY OF MERIDIAN ORDINANCE NO. 01-932 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING ORDINANCE NO. 01-902 TO DELETE LANGUAGE IN THE FIRST PARAGRAPH OF SECTION 1-8E-3 - APPLICANTS FOR CITY EMPLOYMENT: CRIMINAL HISTORY CHECKS, PERTAINING TO PROVIDING FOR AND AUTHORIZING THE CONDUCT OF CRIMINAL HISTORY CHECKS OF APPLICANTS FOR CITY EMPLOYMENT POSITIONS AND DEVELOPMENT OF GUIDELINES TO EVALUATE CRIMINAL BACKGROUND REPORTS; AND TO ENACT A NEW SECTION 1-8E-4 TO BE KNOWN AS AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORD CHECKS; REPEALING ANY ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH ARE HEREBY REPEALED, RESCINDED AND ANNULLED; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY; IDAHO: SECTION 1: That Section 1-8E-3, the first paragraph, of Meridian City Code be, and the same is hereby amended to read as follows: 1-8E-3: APPLICANTS FOR CITY EMPLOYMENT: CRIMINAL HISTORY CHECKS Except for law enforcement personnel supervised by the Chief of Police as provided below, the I-Iuman Resource Director and/or Director's designee is authorized to perform or request criminal history checks of any applicant for offered employment including transfer and promotion ",{ith the City of Meridian for those types of positions hereinafter specified. :If.-a e-riminal hi::;tory check is needed thrO'.Jgh tRe Fcderal Bureau of Im'e::;ti6<]tio11, tbe Haman Resource Department shall reqaire each speetRed applicant to be fingerprinted and shall ferward the fingeFf3i'-ii'1-Es through the Idaho Divis-ion of Lm,' Enfore€-t11ent to the-F-B-I--k1eHtificntioH Division for a criminal history check.";" Criminal history checks are required for the following: A. Position that requires employee to have access to secure areas or information; I-IUMAN RESOURCE DEPARTMENT ORDINANCE NO, 01-932- PAGE 1 OF 4 B. Position that requires an employee to exercise supervision over children; C. Position that requires an employee to work on or around police vehicles, equipment and/or firearms; D. Position ,vhich may allmv access to homes and/or businesses; E. Position which requires an employee to handle or make transactions in cash or accounts; F. Position which requires an employee to drive a City vehicle as a regular part of their duties; G. Position where there exists a reasonable relationship between the duties of the job and need to check the conviction record of applicants, and considering such factors as: access to property, personnel records and/?r equipment; H. Positions that require an employee to work on or around fire vehicles and/ or provide patient care. The Department of Human Resources shall develop evaluation guidelines for each position for em ployment as it becomes available in the City of Meridian. Such evaluation may determine the necessity of a criminal history check and those factors reasonably related to the requirements of that position which may result in disqualification for employment as a result of past criminal activities. Criminal history background checks for law enforcement personnel (s\c\'orn and unsworn) under the supervision of the Chief of Police "vill be done hy the Chief, or his designee. SECTION 2: That a new Section 1-8E-4 of the Meridian City Code is hereby enacted to read as follows: 1-8E-4: AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORD CHECKS: The Human Resource Director, and/or Director's designee, shall require an aRplicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to section 67-Qoo8, Idaho Code. and HUMAN RESOURCE DEPARTMENT ORDINANCE NO. 01-932- PAGE 2 OF 4 ( ... congressional enactment Public Lmv q2-S44, the I-Iuman Resource Director and/or Director's designee, shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases.The submission of fingerprints and information required bv this section shall be on forms prescribed bv the Idaho State Police. The Human Resource Director and/or Director's designee, is authorized to receive criminal historv information from the Idaho State Pol ice and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for emplovment or continued emplovment. As required bv state and federal law, further dissemination or other use of the criminal historv information is prohibited. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict here\vith are hereby repealed, rescinded and annulled. SECTION 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be deClared for any reason to be invalid it is the intent ofthe Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 6: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNGJL OF THE CITY OF MERIDIAN, IDAHO, this Z-71!:- day of ~e4-Yv~ ,200l. APPI\<t.VED BYTHE ~4-YOR OF THE CITY OF MERIDIAN, IDAHO, this 27 - day of ~$rb;-"/~ , 200l. tfflJ~_ - "Y'c..Q ,# 0 f HUMAN RESOURCE DEPARTMENT ~9' r.U{;/1S\" ,~';::,,-.:/ ORDINANCE NO. 01-932 - J', "d~->f ~ ,':' PAGE 3 OF 4 ,~ -I I;:.' '. \ ~ - > \\n\IlI~VClr Robert D. Corrie \1" r::: . "fit ........\1 _I 0...- '//' 11/" ....' ::'\' VL,., /.... ~" c) ~QDA ~71; ~ ~ cP ''''f~ ~ !2 ~ <::> ~ \ \NI'.-\_NTS40_I'DC\SERVER_Z\ Work\M\i'v[cl'idian\Mcridian l5360M\Humun Rcsourccs\H R Dcpt OnlClca nFi nal060 1 ooAM EN D EDO RDo 1-902.doc HUMAN RESOURCE DEPARTMENT ORDINANCE NO. 01-932- PAGE 4 OF 4 . I ?lease- 90S1 fT;y vtJrli~ rLofre& - ThCUr1kS. NOTICE OF HEARING CITY OF MERIDIAN PROPOSED Al\1ENDED FLOOD PLAIN ORDINANCE NOTICE IS HEREBY GNEN that the City Council of the City of Meridian will conduct a public hearing on Tuesday, November 26, 2002, at 7:00 p.m. in the Council Chambers at City Hall, 33 East Idaho Avenue, Meridian, Idaho to accept public comments and testimony on the proposed Amended Flood Plain Ordinance. Copies of the Amended Flood Plain Ordinance are available for public inspection and review, at the following location: Meridian City Hall City Clerk's Office 33 E. Idaho Avenue Meridian, Idaho 83642 By title, the scope of the ordinance is as follows: AN ORDINANCE OF THE CITY OF MERIDIAl'f, IDAH01 AMENDING ORDINANCE NO. 01-928 PERTAINING TO THE FLOOD DAi\1AGE PREVENTION AMENDING SECTION 10-6-2, DEFINITIONS - LOWEST FLOOR BY THE ADDITION AND ELIMINATION OF WORDS WITHIN THE DEFINITION, AND AMENDING SECTIONS 10-6-5 A.I. a., 10-6-5 A. 2. a. AND c., PROVISIONS FOR FLOOD HAZARD REDUCTION - ANCHORING, CONSTRUCTION MATERIALS AND METHODS, BY THE ADDITION AND ELIMINATION OF WORDS WITHIN THOSE SECTIONS, AND BY THE ADDITION OF A NEW SUBSECTION 10-6.5 A. 6. CRA WLSP ACES; AND BY AMENDING SECTIONS 10-6-5 B. 1. a. AND b. PROVISIONS FOR FLOOD HAZARD REDUCTION - SPECIFIC STANDARDS - RESIDENTIAL CONSTRUCTION BY THE ADDITION AND/OR ELIMINATION OF WORDS WITHIN THOSE SECTIONS; AND PROVIDING AN EFFECTIVE DATE. The public is encouraged to review the proposed ordinance, attend the public hearing and offer comments and testimony. Oral testimony may be limited to three (3) minutes per person. Written comments are welcome. Please send written comments to the Meridian City Clerk, 33 East Idaho Avenue, Meridian, Idaho 83642 by Thursday, November 21, 2002. All materials presented at public meetings shall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to .~~~\l'\l,Q>>,?;. hearing. ,\\.\~\;'Of Ml::./ii)"It'1 ,-,-,--"" :'\ -,. I '4. III". -2 c} ~pon.. '1; ~ DATED this 7th day of November, 2002. j ~(p ''"'ll'~o % - - - = ... - Publish 11th and 18th day of November, 2002 '.". "F ** TX CONFI)."...,iioN REPORT ** AS OF NOU 07 ' 53 PAGE,01 CITY OF MERIDIAN 25 26 27 28 29 30 31 32 DATE TIME TO/FROM 11/07 14:43 PUBLIC WORKS 11/07 14:46 8841159 11/07 14:47 2088840744 11/07 14:48 2088467366 11/07 14:49 208 898 5501 11/07 14:50 LIBRARY 11/07 14:51 92083776449 11/07 14:52 208 388 6924 STATUS OK OK OK OK OK OK OK OK MODE UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 00'21" 001 00'30" 001 00'30" 001 00'30" 001 00' 30" 001 00'37" 001 00'29" 001 00'37" 001 CMDI:! 108 108 108 108 108 108 108 108 ---------------------------------------------------------------------~------------------~--- ~ leaSe. P oS-t -j;y vtJrlic.. nut-t ce.,. ~ Th a--t'l ks .' NOTICE OF HEARING CITY OF MERIDIAN PROPOSED AMENDED FLOOD PLAIN ORDINANCE NOTICE IS HEREBY GIVEN that the City COllncil of the City of Meridian will conduct a public hearing on Tuesday, November 26, 2002, at 7:00 p.m. in the Council Chambers at City Hall, 33 East Idaho Avenue, Meridian, Idaho to accept public comments and testimony on the proposed Amended Flood Plain Ordinance. Copies o{the Amended Flood Plain Ordinance are available for public inspection and review, at the following location: Meridian City Hall City Clerk's Office 33 E. Idaho Avenue Meridian, Idaho 83642 By title, the scope ofl:he ordinance is as follows; AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO. 01.928 PERTAINING TO THE FLOOD DAMAGE PREVENTION AMENDING SECTION 10-6-2, DEFlNITIONS - LOWEST FLOOR BY THE ADDITION AND ELIMINATION OF WORDS WITHIN Tll'E DE"flNITION, AND A1I1ENDING SECTIONS 10-6-5 A.!. II., 10-6-5 A. 2.:1. AND c., PROVISIONS FOR aOOD HAZARD REDUCTION - ANCHORING, CONSTRUCTION MA TEIUALS AND METHODS, BY THE ADDITION AND ELIMINATION OF WORDS WITHIN THOSE SECTIONS, AND BY THE ADDlTlO!'!" OF A l'IEW SUBSECTION 10-6.S A. 6. CRA WLSP ACES; AND BY AM:ENDING SECTIONS 10-6-5 B.1.:I. AND b. PROVISIONS FOR FLOOD HAZARD REDUCTION - SPECIFIC STANDARDS - RESIDENTIAL CONSTRUCTION BY THE ADDIl'ION Ai'ID/OR ELIMINATION OF WORDS WITHIN THOSE SECTIONS; AND PRO\-TDlNG AN EFFECTIVE DATE. The public is encouraged to review the proposed ordinance, attend the public hearing and offer comments and testimony, Oral testimony may be limited to three (3) minutes per person. Written comments are welcome. Please send written comments to the Meridian City Clerk, 33 East Idaho Avenue, Meridian, Idaho 83642 by Thursday, November 21, 2002. All materials presented at public meetings shall become property of the City of Meridian. The hearing will be held in a facility that is accessible to persons with disabilities. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to t!,1.cr.Jl\l,.l;l,\\c; hearing. ,\\\~';-\~f Mf~;>'" ,.........' ~, IV..!.tt ...~ :::' (;- i'J'O". -'1-~.;. DATED this 7th day of November, 2002. i ~cP .....)"<'0 % ~ ~ Publish 11lh and 18111 day of November, 2002 Castle brook Subdivision by Crestline Development, LLC - 950 North Black Cat Road: Approve 11. FP 02-023 Request for Final Plat approval of 54 building lots and 7 other Jots on 24.36 acres in an R-4 zone for Tuscanv Lakes No.1 by Gem Park II - south of East Victory Road and east of South Locust Grove Road: Approve 12. FP 02-024 Request for Final Plat approval of 52 building lots and 5 other lots on 20.26 acres in an R-4 zone for Saguaro Subdivision No.1 by Farwest, LLC - south of East Victory Road and west of South Eagle Road: Approve 13. FP 02-025 Request for Final Plat approval of 72 building lots and 9 other lots on 32.46 acres in an R-4 zone for Bridaetower Crossina Subdivision No.3 by Primeland Development Company, LLP - east of North Ten Mile Road and south of West McMillan Road: Approve 14. Continued' Public Hearing from November 12, 2002: RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Continue Public Hearing to December 3rd, 2002 meeting 15. Continued Public Hearing from November 12, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L~O zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Continue Public Hearing to December 3rd, 2002 meeting 16. Public Hearing: AZ 02-025 Request for annexation and zoning of 6.24 acres from RUT to R-2 zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval of C-N zone 17. Public Hearing: CUP 02-029 Request for a Conditional Use Permit for a child care facility for 12-24 children in an R-15 zone for Joni R. West by Joni R. West - 923 East 4th Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Denial 18. Water, Sewer and Trash Delinquencies: Approve Q. Findings of Fact and Conclusions of Law for Approval: PP 02- 023 Request for Preliminary Plat approval of 2 building lots and 1 other lot on 39.23 acres in an R-4 zone for Education Campus Meridian City Council Agenda - November 19, 2002 Page 4 of5 All materials presented at public meetings shall become property of the City ofMcridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. Subdivision by Joint School District No. 2 - 3800 North Locust Grove Road: Approve R. Findings of Fact and Conclusions of Law for Approval: CUP 02-035 Request for a Conditional Use Permit for an educational campus consisting of an elementary school, charter/professional technical high school buildings, and school administration center in an R-4 zone for Education Campus Subdivision by Joint School District NO.2 - 3800 North Locust Grove Road: Approve Meridian City Council Agenda - November 19,2002 Page 5 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 19, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless K Mayor Robert Corrie 2. Adoption of the Agenda: a~tI.e ti/1~de.cC. t2~h-d!.a.-, x X K Bill Nary )C Keith Bird 3. Consent Agenda: A. Approve minutes of September 30, 2002 City Council Special Meeting: ~v-e.- B. Approve minutes of November 6, 2002 City Council Regular Meeting: ~VK- C. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: ~ f-c; Jee. g;t.;2 /J..-~ D. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west pf North Linder Road: 77v~ Iw ~c. .3 /J;Z ~ E. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls SubdiviSion by Farwest LLC and Meridian City Council Agenda - November 19, 2002 Page I of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation fOT 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. fJ - F. s- G. 5- H. I. Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: ~f;eL Iv Aee ~ $/ldJ- /M}-. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-8 zones for proposed Sundance Place Subdivision by G.L Voigt Development - east of North Meridian Road and north of East Ustick Road: tt:;:r"'Y'< a;~r:;(ed.... .p/"c-:F el-e m ~a~ Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-010 Request for Preliminary Plat approval of 144 building lots and 5 other lots on 42.72 acres in a proposed R-8 zone for proposed Sundance Place Subdivision by G. L Voigt Development: east of North Meridian Road and north of East Ustick Road: / /1__ -a-e C; /jffJ? V'L akn eh~1 /2 { eJ-f..e. -nrr a-f?"""v. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridaetower Crossino East Subdivision by Primeland Development - northeast corner of North Ten Mile Road and West Ustick Road: -/ll6ee.- 1-0 kc ~ /7fJ1 /1v~ Findings of Fact and Conclusions of Law for Denial: AZ 02- 015 Request for annexation and zoning of 1.7 acres from RUT to C-G zones for James R. Wvlie by James R. Wylie - northeast corner of Venture Street and East Fairview Avenue: ~J3Yt1 v.e.... Findings of Fact and Conclusions of Law for Approval: PP 02- 017 Request for Preliminary Plat approval of 6 building lots on 13.77 acres in a C-C zone for Silverstone Subdivision No.3 by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: P"'f'r t79fr<..- Findings of Fact and Conclusions of Law for Approval: AZ 02- 021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for proposed Tullv Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: dtffY17v-<" Findings of Fact and Conclusions of Law for Approval: PP 02- 018 Request for Preliminary Plat approval of 39 building lots and 10 other lots on 7.30 acres in a proposed R-8 zone for the J. K. L. Meridian City Council Agenda - November 19,2002 Page 2 of 4 AU materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. proposed Tullv Cove Subdivision by Ted Mason -- west of North Linder Road and south of West Ustick Road: upp-ro v-<..- M. Development Agreement: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: ~~ N. First Addendum to Development Agreement: AZ 99-021/ AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: ~V'~ O. Agreement for Professional Services - Joan Meitl, MPDES Phase II Storm Water Permit: CL/1 flnJI r...{....- P. Agreement for Professional Services - Trout Architects, MUBS Counter / Reception Area Remodel Design: ap;:in7 Vl.e....> 4. Department Reports: /U7 h L 5. ;::; 61 1/ (Items Moved from Consent Agenda) 6. Resolution No. (:) 2- - :J q f? : Approving Agreement for the Appointment of William F. Nichols and White, Peterson, MorrowJ Gigray, Rossman, Nye & Rossman, P.A., to Perform City Attorney Duties and Civil Legal Services for the City of Meridian: ~rt?fI?<...-- Ordinance No. (5} 2. - 9 f3 Z- AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: ~v-e... Ordinance No. t)2-o/ 83 AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: a..pp-rvv..c. Ordinance No. tJ 2- - tf E3 4- AZ 02-019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridae Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: ~~ {J2--q!3!7 7. 8. 9. 10. Ordinance No. AZ 02-020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, LLC - 950 North Black Cat Road: CV-(l1h" P V-<-" Meridian City Council Agenda - November 19,2002 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. 16. 17. 18. 11. FP 02-023 Request for Final Plat approval of 54 building lots and 7 other lots on 24.36 acres in an R-4 zone for Tuscanv Lakes NO.1 by Gem Park II - south of East Victory Road and east of South Locust Grove Road: c~~ov~ . FP 02-024 Request for Final Plat approval of 52 building lots and 5 other Irt eSJ; n C0 lots on 20.26 acres in an R-4 zone for Saouaro Subdivision No.1 by I//I(a~ Farwest, LLC - south of East Victory Road and west of South Eagle Road: .If I apj?YP V'L- FP 02-025 Request for Final Plat approval of 72 building lots and 9 other lots on 32.46 acres in an R-4 zone for Bridoetower Crossino Subdivision No.3 by Primeland Development Company, LLP - east of North Ten Mile Road and south of West McMillan Road: ~~ Continued Public Hearing from November 12, 2002: RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherrv Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: C;rn.-:--hn~ jJ / Iv -fo :4ec - 3/1-..2 1J.1"':7-- Continued Public Hearing from November 12, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherrv Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: C~hV:.f..--~/h,.,;.o 4ec 31'!5hv~ Public Hearing: AZ 02-025 Request for annexation and zoning of 6.24 acres from RUT to R-2 zones for Betty Lou Britton by Betty Lou Britton- 3680 West Ustick Road: /:/~ .; C'I-e L-. J e7 P C-N 2P~ a-ft7,.-rl'-e;j .fo j/ne (?M...e -rt' '7T)I... ar~tr Public Hearing: CUP 02-029 Request for a Conditional Use Permit for a child care facility for 12-24 children in an R-15 zone for Joni R. West by Joni R. West - 923 East 4th Street: t'i--ti'7rrn.u:; 1-0 pel!(t/1.L "c/P f. c/..e ~r- ~/'-d Water, Sewer and Trash Delinquencies: tl ff'Pv~ q. F/kd/~1/ p.f pad (VJl...d C6'7'LcJU.h:n...../ o-F taN .;;-r ~'pf'Z7V'"a-e...~ /1-02--tJ2-J ;<etue-J-f h-r f/,eL/Ir-)I1-d/l.:1 ,fJla6 -/Ur E2t-u..ecv.-f1~c;.L Ca..n- pu..r J:U... 6 d /1/'1 JI Q?v- ~ j1YlJ v.e.- R. I=a....d/h-'i) of Ftz?l- aru:( Cl7?'>-c,(Cf.f/tJ'n r tJl"Llltu In- /J;:;~vwf: . Ct1 P ~ 02- ~ 035" /? (2~J.t.R.r./- ,4;- CtJ?-!- a/h ~ d Us:e I2e r/Y'lll:- ~r Ed.ltf.-Ccu-l-/t.?'t..a...e- Lt1<-hvpUJ' dlVbct/V/r/'r..v - dPfJ/l7V<-' 12. 13. 14. 15. Meridian City Council Agenda - November 19, 2002 Page 4 of 4 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. November 27,2002 MERIDIAN CITY COUNCIL MEETING December 3, 2002 APPLICANT ITEM NO. E - B REQUEST Approve minutes of November 19,2002 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER 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: wrr,p-/ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 19,2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Tammy de Weerd X X Cherie McCandless X X Mayor Robert Corrie Bill Nary Keith Bird 2. Adoption of the Agenda: Approve Amended Agenda 3. Consent Agenda: A. Approve minutes of September 30, 2002 City Council Special Meeting: Approve B. Approve minutes of November 6, 2002 City Council Regular Meeting: Approve C. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Table to December 3rd, 2002 meeting D. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: Table to December 3rd, 2002 meeting E. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Meridian City Council Agenda - November 19, 2002 Page I 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, Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: Table to December 3rd, 2002 meeting 5-F. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-8 zones for proposed Sundance Place Subdivision by G.L. Voigt Development - east of North Meridian Road and north of East Ustick Road: Approve Amended FFCL for Approval 5-G. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-010 Request for Preliminary Plat approval of 144 building lots and 5 other lots on 42.72 acres in a proposed R-8 zone for proposed Sundance Place Subdivision by G.L. Voigt Development east of North Meridian Road and north of East Ustick Road: Approve Amended FFCL for Approval 5-H. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridgetower CrossinQ East Subdivision by Primeland Development - northeast corner of North Ten Mile Road and West Ustick Road: Table to December 17th, 2002 meeting I. Findings of Fact and Conclusions of Law for Denial: AZ 02- 015 Request for annexation and zoning of 1.7 acres from RUT to C-G zones for James R. Wylie by James R. Wylie - northeast corner of Venture Street and East Fairview Avenue: Approve J. Findings of Fact and Conclusions of Law for Approval: PP 02- 017 Request for Preliminary Plat approval of 6 building lots on 13.77 acres in a C-C zone for Silverstone Subdivision No.3 by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Approve K. Findings of Fact and Conclusions of Law for Approval: AZ. 02- 021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for proposed Tully Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: Approve L. Findings of Fact and Conclusions of Law for Approval: PP 02~ 018 Request for Preliminary Plat approval of 39 building lots and 10 other lots on 7.30 acres in a proposed R-8 zone for the Meridian City Council Agenda - November 19, 2002 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 p lease contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. proposed Tullv Cove Subdivision by Ted Mason -- west of North Linder Road and south of West Ustick Road: Approve M. Development Agreement: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Approve N. First Addendum to Development Agreement: AZ 99-021/ AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: Approve O. Agreement for Professional Services - Joan Meitl, MPDES Phase (I Storm Water Permit: Approve P. Agreement for Professional Services - Trout Architects, MUBS Cou~ter I Reception Area Remodel Design: Approve 4. Department Reports: None 5. (Items Moved from Consent Agenda) F, G, H 6. Resolution No. 02M395 : Approving Agreement for the Appointment of William F. Nichols and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., to Perform City Attorney Duties and Civil Legal Services for the City of Meridian: Approve 7. Ordinance No. 02-982 AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-Q and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Approve 8. Ordinance No. 02M983 AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-Q zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: Approve 9. Ordinance No. 02-984 AZ 02-019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridqe Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: Approve 10. Ordinance No. 02-985 : AZ 02-020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Meridian City Council Agenda - November 19,2002 Page 3 of5 All materials presented at public meeti ngs shal1 become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Castlebrook Subdivision by Crestline Development, LLC - 950 North Black Cat Road: Approve 11. FP 02~023 Request for Final Plat approval of 54 building lots and 7 other lots on 24.36 acres in an R-4 zone for Tuscanv Lakes No.1 by Gem Park II - south of East Victory Road and east of South Locust Grove Road: Approve 12. FP 02-024 Request for Final Plat approval of 52 building lots and 5 other lots on 20.26 acres in an R-4 zone for Saauaro Subdivision No.1 by Farwest, LLC - south of East Victory Road and west of South Eagle Road: Approve 13. FP 02-025 Request for Final Plat approval of 72 building lots and 9 other lots on 32.46 acres in an R-4 zone for Bridaetower Crossina Subdivision No.3 by Primeland Development Company, LLP - east of North Ten Mile Road and south of West McMillan Road: Approve 14. Continued' Public Hearing from November 12, 2002: RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-Q zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Continue Public Hearing to December 3rd, 2002 meeting 15. Continued Public Hearing from November 12, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-Q zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Continue Public Hearing to December 3rd, 2002 meeting 16. Public Hearing: AZ 02-025 Request for annexation and zoning of 6.24 acres from RUT to R-2 zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval of C-N zone 17. Public Hearing: CUP 02-029 Request for a Conditional Use Permit for a child care facility for 12-24 children in an R-15 zone for Joni R. West by Joni R. West - 923 East 4th Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Denial 18. Water, Sewer and Trash Delinquencies: Approve Q. Findings of Fact and Conclusions of Law for Approval: PP 02- 023 Request for Preliminary Plat approval of 2 building lots and 1 other lot on 39.23 acres in an R-4 zone for Education Campus Meridian City Council Agenda - November 19,2002 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. Subdivision by Joint School District NO.2 - 3800 North Locust Grove Road: Approve R. Findings of Fact and Conclusions of Law for Approval: CUP 02-035 Request for a Conditional Use Permit for an educational campus consisting of an elementary school, charter/professional technical high school buildings, and school administration center in an R-4 zone for Education Campus Subdivision by Joint School District NO.2 - 3800 North Locust Grove Road: Approve Meridian City Council Agenda - November 19, 2002 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. Meridian City Council MeetinQ November 19. 2002 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, November 19, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, and William Nary, Cherie McCandless. Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Gary Smith, Dean Willis and Will Berg. Item 1. Roll-call Attendance: X Tammy de Weerd X Bill Nary X Cherie McCandless X Keith Bird X Mayor Robert Corrie Corrie: I will now ope!1 the Meridian City Council Regular Meeting, Tuesday, November 19, 2002, at 7:05 and at this time I will have roll-call attendance, please, Mr. Clerk. Corrie: Okay. Mr. Bird? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that -- Corrie: Where is Gary? Over there okay, I just can't see him. I knew he was here, but - Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I understand that on the 20th, which is tomorrow, we have a gentleman in the audience here that is going to be officially a senior citizen, so we'd like to wish Gary Smith a happy 62nd birthday next year. Item 2. Adoption of the Agenda: Corrie: Happy birthday. Item Number 2 is the adoption of the agenda. I would like -- on the Consent Agenda, there were two additions on the school -- Joint School District, they had two Findings of Facts, and Conclusions of Law and I would like to add those to -- on the Consent Agenda as well. There are some others -- Bird: Mr. Mayor? Meridian City Council November 19,2002 Page 2 of 35 Corrie: Mr. Bird. Bird: On the adoption of the agenda, we had the two Joint School District Charter School conditions of -- Findings of Facts and Conclusions of Law, two items on it. Items C, D, and E we have got a letter from Becky Bowcutt asking that those be deferred to December 3, 2002. Also on Item H, the Findings of Facts, and Conclusions of Law, I believe we need to pull that off and make it 5-H, if everybody is agreeable to that okay. Also, Items F and G on the Consent Agenda need to be tabled to -- oh, moved to 5-F and 5-G and I believe, other than that, the -- yes. Item Number 17 on the Regular Agenda, we have a letter stating that there will be no -- from -- the owner will not protest, so we will pull that. With those changes and statements, I would move that we adopt the agenda. Hawkins-Clark: Excuse me, Mr. Mayor? Bird: Yes. Hawkins-Clark: I'm sqrry, Mr. Bird. Did you say H as well? Bird: Yes. H. We are moving to the Regular Agenda to make it 5-H. On the Consent Agenda, 5-F -- or F, G, and H, are being moved to 5-F, 5-G, and 5-H to the Regular Agenda, so we can discuss it. Hawkins-Clark: Thank you. Bird: Thank you Corrie: Did you say 14 and 15 asked to be continued -- to get to the continuance? Is that the -- Bird: Cherry Lane would be continued. Corrie: Yes. We will still open it, but-- Bird: We will do that when we come to it. Yes. Corrie: Just so the public knows that that has been requested. Bird: They have been requested to be continued to December 3, 2002 and with that I would move that we adopt the agenda as stated. Corrie: Okay. Any -- do I hear a second? Nary: I'll second. Corrie: Okay. Discussion? Meridian City Council November 19, 2002 Page 3 of 35 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Bird, on Item 17, now the letter I've seen from the applicant here simply says they don't want to appeal the decision. Well, technically, it isn't an appeal, but we would -- were you asking to remove it from the agenda? Bird: No. Nary: Not withdrawing it? Bird: Not withdrawing it. No, they are not withdrawing it. Nary: Okay. Bird: They are not -- they do not want to appeal the decision of the Planning and Zoning. Nary: Yes. Bird: So we would have to bring it up and take care of it. Nary: Okay. That's fine. I'm sorry. I just wanted to clarify that. Bird: And I probably wasn't very clear. Nary: That's fine. Corrie: Okay. Anybody else? All right. All in favor of adopting the agenda as changed say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of September 30, 2002 City Council Special Meeting: B. Approve minutes of November 6, 2002 City Council Regular Meeting: C. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Meridian City Council November 19, 2002 Page 4 of 35 Gibson - south of West Chinden Boulevard and west of North Linder Road: D. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: E. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: I. Findings of Fact and Conclusions of Law for Denial: AZ 02- 015 Request for annexation and zoning of 1.7 acres from RUT to C-G zones for James R. Wylie by James R. Wylie - northeast corner of Venture Street and East Fairview Avenue: J. Findings of Fact and Conclusions of Law for Approval: PP 02- 017 Request for Preliminary Plat approval of 6 building lots on 13.77 acres in a C-C zone for Silverstone Subdivision No.3 by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: K. Findings of Fact and Conclusions of Law for Approval: AZ 02- 021 Request for annexation and zoning of 5.26 acres and rezone of 2.40 acres from RUT and R-4 zones to R-8 zone for proposed Tully Cove Subdivision by Ted Mason - west of North Linder Road and south of West Ustick Road: L. Findings of Fact and Conclusions of Law for Approval: PP 02- 018 Request for Preliminary Plat approval of 39 building lots and 10 other lots on 7.30 acres in a proposed R-8 zone for the proposed Tully Cove Subdivision by Ted Mason -- west of North Linder Road and south of West Ustick Road: M. Development Agreement: AZ 02-004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Meridian City Council November 19, 2002 Page 5 of 35 N. First Addendum to Development Agreement: AZ 99-0211 AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Sair Property Annexation by Donn Reiswig - 3975 East Franklin Road: O. Agreement for Professional Services - Joan Meitl, MPDES Phase II Storm Water Permit: P. Agreement for Professional Services - Trout Architects, MUSS Counter 1 Reception Area Remodel Design: Corrie: Okay. Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move t~at we add the two Finding of Facts and Conclusions of Law and Decision of Order for the Joint School District NO.2 in Meridian, for their PP 02-023 and CUP 02-035 and Item Numbers C, D, and E be tabled to December 3,2002. Items F, G, and H be moved to the regular agenda as 5-F, 5-G, and 5-H and with those changes I would move that we approve the Consent Agenda. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda with the changes. Any further discussion? Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: Any Department Reports? Hearing none. Item 5. (Items Moved from Consent Agenda) F. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-016 Request for annexation and zoning of 42.72 acres from RUT to R-8 zones for proposed Sundance Place Subdivision by G.L. Voigt Development - east of North Meridian Road and north of East Ustick Road: Meridian City Council November 19, 2002 Page 6 of 35 G. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-010 Request for Preliminary Plat approval of 144 building lots and 5 other lots on 42.72 acres in a proposed R-8 zone for proposed Sundance Place Subdivision by G.L. Voigt Development: east of North Meridian Road and north of East Ustick Road: Corrie: Item Number 5 is items moved from the Consent Agenda, 5-H -- let's go to 5-G and -- F and G together, I think. Evidently, this is -- who asked to have this pulled? Bird: I think -- was she on Sundance? Corrie: Okay. Becky. Bowcutt: Mr. Mayor, Members of the Council, I will be quick. There are just two items on the Sundance Place Findings of Facts and Conclusions of Law for the Preliminary Plat and annexation that needed some attention. One, Site Specific Number 9, your staff has indicated a 25-year limitation set forth on -- as far as the storm water that we retain in a basin or pOJid. ACHD is requiring that we retain the 100-year storm. Settler's Irrigation District, as you're well aware, does not allow us to discharge into any of their drainage facilities and so I'm not sure where the 25-year storage limitation has come from. It just popped up on a couple applications, but it's in conflict with Ada County Highway District. Secondly, I just want to add one more Site Specific Condition under Number 12. We need to provide a 10-foot Settler's Irrigation Easement along the south side of those lots, which adjoin the relocated and piped Parkins-Norse lateral. The reason for this condition is it runs along the boundary of Sundance Place, Sundance Subdivision and we have 20 feet on the south side in Sundance, and we are allocating 10 feet to the north in Sundance Place. Mr. Watson and I discussed this earlier and I thought it would be prudent to add that as a condition. That's it. Thank you. Other than that, we are in agreement and I have consulted my client on both these items. Corrie: Brad, do you want to comment on this first one? Hawkins-Clark: Mayor, I think staffs in agreement. Corrie: Brad Watson? Watson: Mr. Mayor, Council Members, I just concur with those on the second one as caused by a Final Plat check thing that we found yesterday, so Number 2 is definitely needed. Number 1 was not originated by our office, but by the applicant. Corrie: Right so if I understand this right, Becky, the Ada County Highway District requires you to retain the 1 OO-year storm and you say it conflicts with the 25 year? Bowcutt: Yes, sir. The condition in the finding states that we retain only -- it says the word only the 25 year. That's where we are seeing the conflict. Meridian City Council November 19, 2002 Page 7 of 35 Corrie: I see. Bowcutt: But the Public Works Department can't explain where that condition came from and it's only shown up on two projects, so I'm not sure either. Corrie: Okay. Thank you. Council, any questions of Becky or staff? Bird: I have none, Mayor. Corrie: Okay. How do we wish to go on F and G, Findings of Facts and Conclusions of Law on the -- F is the request for annexation and zoning and the other is for the Preliminary Plat. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Findings of Facts and Conclusions of Law for approval on Item AZ 02-016, the request for annexation and zoning of 42.72 acres from RUT to R-B zones for proposed Sundance Place Subdivision by G.L. Voigt Development, east of North Meridian Road and north of East Ustick Road, with the applicant and staffs comments stated tonight. Nary: Second. Bird: And the attorney draw -- to change the Findings of Facts and Conclusions of Law to show that. Nary: Second. Corrie: Okay. Any further discussion on the motion? Okay. Mr. Clerk, if you will read the role, please. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. The change is approved. MOTION CARRIED: ALL AYES Corrie: H. Bridgetower Crossing. Bird: We have to do five -- we have to do G. 5-G. Corrie: Oh. 5-G. I'm sorry. 5-G. All right. I forget I was -- okay. Bird: Mr. Mayor? Meridian City Council November 19, 2002 Page 8 of 35 Corrie: Mr. Bird. Bird: I would move that we approve the Findings of Facts and Conclusions of Law on PP 02-010, request for Preliminary Plat approval of 145 building lots and five other lots 42.72 acres in a proposed R-8 zone for the proposed Sundance Place Subdivision by G.L. Voigt Development. To include the new comments of staff and applicant and for the attorney to draw -- to change the Findings of Facts and Conclusions of Law to show these. Nary: Second. Corrie: Okay. Motion has been made and seconded. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES H. Tabled from November 12, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-014 Request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone in a Planned Unit Development for Bridaetower Crossina East Subdivision by Primeland Development - northeast corner of North Ten Mile Road and West Ustick Road: Corrie: Now, we will go to H. Is that yours, too, Becky? Bowcutt: Mr. Mayor, Members of the Council, I faxed a letter over to the Clerk's Office, which you should have. Ada County Highway District has informed us that they will not be taking any additional right of way on McMillan Road. Originally, they had requested 48 feet and had required us to remove or relocate the Settler's Canal outside of that additional right of way. This was -- this change was not initiated by us. The change I being told is being initiated internally, because they -- their right-of-way acquisition fund is lacking in dollars and so they are trying to prioritize and through WGI's research determine which roadways will be five lanes and which roadways will be three lanes. If we place our sidewalk on our landscape lot, then the existing right of way will be adequate for three lanes. They are -- the staff is putting some type of a note or letter into the file of Bridgetower stating that there will be no right-of-way acquisition on McMillan and that we will not be required to move the Settler's canal. As I stated, we did not request these changes, this was brought to my attention after the hearing before this body on October 22nd. I think it's probably best that I have a technician modify that plat to, obviously, allocate some of that area, put it back into some lots, and then we are going to leave an additional area a little bit wider than your code requires for the Meridian City Council November 19, 2002 Page 9 of 35 landscape lot in the event that they ever change their mind and I'd like to have an opportunity to get that to your staff to have them take a look at it, make sure that they are satisfied with it, but by adopting these Findings of Fact and referencing that particular plat, that's not what we are going to be designing and building. The other issue was the Fire Department. We added -- we extended an island at one of the entrances of the pod. We added a stub street. A lot of discussion took place with Planning and Zoning Commission. I thought that that Item B-11 had been eliminated, because it was talking about coming out of those same loops through the pedestrian pathway for emergency vehicle access and then, one, it was asking for emergency vehicle access where we had no pedestrian pathway. I just wanted to get that on the record also. I guess I'd want to consult with Brad on how much time his staff would need to review a revised plat. It will not take us very long to do that work, but I want to make sure that we give him ample time before it comes back before you guys. You may want to defer this out say three weeks, if that's okay with Brad, and I will try to have something to him no later than the first of the week next week, hopefully the end of this week, but since we have the holidays and stuff, we better add time. Corrie: Brad, do you <?oncur with that? Hawkins-Clark: Mayor, I think we are okay with the three weeks. That way we can refer to the revised -- the revision date on the face of the plat and come up with a couple of modified conditions if we need to, but certainly -- certainly could not approve the findings as they are written tonight with these other agency changes. It does raise up the whole issue of, you know, if we included in our conditions just referring to the Highway District -- I know the Legal Department -- we have kind of gone back and forth. If we didn't put the Ada County Highway District's conditions, this first item we wouldn't need to worry about. It kind of raises that point again, that we could just refer to other agency comments in our findings and other agency's changes would not impact our findings. That being said, I think we concur that these -- the plat needs to be reflective of that McMillan Road issue. Bird: Mr. Mayor? Corrie: Okay. Mr. Bird. Bird: Brad, what about B-11? Can you or Kenny answer that? Hawkins-Clark: Councilman Bird, I did talk with Joe Silva -- and I don't know if Kenny can speak to it tonight, but when Bridgetower Crossing East originally came through -- and this gets to the International Fire Code issue of how many single-family lots can you build with just one single permanent fire apparatus road. The new International Fire Code does reference 30 in the appendix, a maximum of 30 lots that you have to -- any more than that you have to have another way to get in. If you recall, Bridgetower Crossing East had a couple of these smaller neighbors or pods that come off of the collector and they are only served with one permanent road, but there are more than 30 lots in those. I didn't bring a picture, I'm sorry, but, basically, Joe Silva's comment was Meridian City Council November 19,2002 Page 10 of 35 that he wanted an emergency access into those smaller pods, other than just the single permanent access road. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Brad, have we adopted the new International Building Code in the City of Meridian? I don't recall voting on it. Hawkins-Clark: No. That's an appendix in the Fire Code. Bird: But we haven't adopted it. It's got to be adopted and until I see the whole code -- I mean until we adopt it, we are not going to -- I don't see how we can start putting those restrictions on the people until it's adopted. Hawkins-Clark: My understanding is that that's just a basis on which Deputy Chief Silva has been making the recommendations, which, of course, as a recommending condition, if the Council adopts his recommendations, then that gets into the findings, so that's just where he's deriving that recommendation from. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Was this part of the discussion in the application? Was it raised as an issue at any particular time? Hawkins-Clark: Councilwoman de Weerd, yes, it was discussed some, I believe, at the Commission level. I don't believe the Council discussed that, but the Commission did discuss access points. That's where -- that's where the additional stub street came in. They did add a stub street that helped to address one of those issues. Frankly, I think it just -- we get the -- I think the Fire Department comments in this case just kind of got buried amidst the discussion and we didn't address this 30 lot issue specifically. De Weerd: Well, perhaps if we look at the revisions, this can be -- look at the minutes and try and reflect what was discussed, then, and then the applicant can comment on that after we see what P&Z actually did do. I do have a concern, though, on the right-of- way issue. As we looked at North Meridian -- and I know certain changes are going to be made and this is the whole reason for a revision, I would like to understand are they, then, redefining our roads -- our road improvement in north Meridian accordingly? I do understand that if these roads weren't on the 20-year Capital Improvement Plan, they can't be requesting right of way for roads that aren't even listed. I guess that's how I understood it. I would like to have further definition of not only on this application, how it's impacting the areas up in the north Meridian, because we put this on a number of applications, not just Bridgetower, and so if we could get an update on that, too, and Meridian City Council November 19, 2002 Page 11 of 35 maybe a chance to respond. J don't know, maybe they can ask for it -- can the city ask for it? Is it something that -- what are the long-term ramifications of it? Hawkins-Clark: Councilwoman de Weerd, Mayor, I have had the same thought process and would be happy to initiate maybe a little more in-depth discussions with Highway District staff. This will certainly be a point of discussion when the north Meridian area plan comes before you as a Comprehensive Plan Amendment, because that plan deals pretty in-depth with the 10 square mile road sections. They have some recommendations in that plan. Mike Wardle has had numerous conversations with Highway District staff about impact fees and extraordinary impact fees and how the north Meridian road sections are going to be addressed. I think everyone concurs that the multiple changes with the district's road sections are kind of tough to track. We will - - you're right it does affect at least three subdivisions that I can think off the top of my head on that McMillan section, so -- De Weerd: Yes and while this applicant might be willing to provide for future changing of the minds, I don't think all developers are that pro-active, and so we need to really see what the long-terr~ effects are on this. Corrie: Will, did we get anything back from Wardle? Okay. I was just thinking about that. Okay. All right. With that, if Council needs to get some information, maybe we can table this until -- you're going to be gone. De Weerd: Table it to the 17th? Corrie: That's fine with me 1 ih? I will take a motion to table it to the 1 ih of December. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd move that we table the Findings of Facts and Conclusions of Law PP 02-014, request for Preliminary Plat approval of 439 building lots and 50 other lots on 209.01 acres in an R-4 zone for a Planned Unit Development for Bridgetower Crossing East Subdivision by Primeland Development, to December 17, 2002. De Weerd: Second. Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, all those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 6. Resolution No. : Approving Agreement for the Meridian City Council November 19, 2002 Page 12 of 35 Appointment of William F. Nichols and WhiteJ Peterson, Morrow, Gigray, RossmanJ Nye & Rossman, P.A., to Perform City Attorney Duties and Civil Legal Services for the City of Meridian: Corrie: Number 6 is a resolution. Resolution Number 02-395, approving the agreement for the appointment of William F. Nichols and White, Peterson, Morrow, Gigray, Rossman, Nye, and Rossman, PA, to perform City Attorney duties and legal -- civil legal services for the City of Meridian. With all those names it's certainly better be legal. I guess we need to read the resolution -- do we -- we don't need to read the resolution. All right. Okay. Any discussion on the Resolution 02-395? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd like to bring forward -- and seeing how I made the motion to accept these, Mr. Nichols is the lead attorney, but Mr. Nichols don't -- I mean he can take a Tuesday night off and have somebody else here. We didn't expect him to cover every, every, every meeting, just 99 percent of them, so -- but I just wanted that to be known, that we don't expect that Bill has to be to every one of our deals. He can have a vacation once in awhile at least once a year. De Weerd: I think we need to vote on that. Nichols: Mayor, Members of the Council, all of our concerns were pretty much worked out in the revised agreement that's been signed by the president and secretary of the firm, so -- Corrie: Okay. Any other questions? Bird: On a resolution, don't we have to read by title? Corrie: Not on a resolution, on an ordinance. Bird: An ordinance. Okay. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of Resolution Number 02-395, approving the agreement for the appointment of William F. Nichols and White, Peterson, Morrow, Gigray, Rossman, Nye and Rossman, PA, to perform City Attorney duties and civil legal services for the City of Meridian. Bird: Second. Meridian City Council November 19, 2002 Page 13 of 35 Nary: And the Mayor to sign and the Clerk to attest. Bird: Second, Corrie: Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion for Resolution Number 02-395 is approved. MOTION CARRIED: ALL AYES Item 7. Ordinance No. AZ 02~004 Request for annexation and zoning of 127.74 acres from RUT to C-G, L-O and R-4 zones for proposed Sutherland Farm by Sutherland Farms, Inc. - east of South Eagle Road and north of East Victory Road: Corrie: Item Number 7 is an Ordinance Number 02-982. This is a request for annexation and zoning of 127.74 acres from RUT to C-G, L-O, and R-4 zones for the proposed Sutherland Farms by Sutherland Farms, Inc., east of Eagle -- South Eagle Road and north of East Victory Road. At this time, I'd like to have the City Clerk read Ordinance Number 02-982 by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-982 an Ordinance finding that certain land to be known as Sutherland Farms Subdivision, located one half mile south of Overland Road on the east side of Eagle Road, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council, that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and the map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have heard the reading of Ordinance Number 02-982 by title only. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, Council, I will entertain a motion on the request for ordinance. De Weerd: Mr. Mayor? Meridian City Council November 19,2002 Page 14 of 35 Corrie: Mrs. de Weerd. De Weerd: I move we approve Ordinance Number 02-982, request for annexation and zoning of 127.74 acres from RUT to C-G, L-O, and R-4 zones for the proposed Sutherland Farms and ask the attorney to -- oops -- to have the Mayor sign and the Clerk attest with the suspension of rules. Bird: Second. Corrie: Motion has been made and seconded with the -- any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion carried for the ordinance. MOTION CARRIED: ALL AYES Item 8. Ordinance No. AZ 02-018 Request for annexation and zoning of 5 acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig - 3975 East Franklin Road: Corrie: Item Number 8 is an Ordinance Number 02-983. This is a request for annexation and zoning of five acres from RUT to L-O zones for Bair property annexation by Donn Reiswig, 3975 East Franklin Road. I will now ask the Clerk to read Ordinance Number 02-983 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-983 an Ordinance finding that certain land to be known as Touchmark Living Centers, located at the south side of Franklin Road, one half mile east of Eagle Road, and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Limited Office District (L-O) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and the map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Okay. You have the reading of Ordinance Number 02-983 for Bair Property Annexation. Is there anyone from the audience that would like to have it read in its entirety? Hearing none, I will entertain a motion on Ordinance Number 02-983. ( Meridian City Council November 19, 2002 Page 15 of 35 McCandless: Mr. Mayor? Corrie: Mrs. McCandless. McCandless: I move that we approved Ordinance Number 02-983, request for annexation and zoning of five acres from RUT to L-O zones for Bair Property Annexation by Donn Reiswig for the Mayor to sign and the Clerk to address, with suspension of rules. Bird: Second. Corrie: Motion has been made and seconded to approve Ordinance Number 02-983 with suspension of rules. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Ordinance Number 02-983 is approved. MOTION CARRIED: ALL AYES Item 9. Ordinance No. AZ 02-019 Request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbrid~e Subdivision by Pinnacle Engineers, Inc. - 4365 North Ten Mile Road: Corrie: Item Number 9 is an Ordinance Number 02-984. This is a request for annexation and zoning of 5.01 acres from RUT to R-3 zones for proposed Drawbridge Subdivision by Pinnacle Engineers, Inc., 4365 North Ten Mile Road. At this time, I will ask the City Clerk to read Ordinance Number 02-984 by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-984 an Ordinance finding that certain land to be known as Drawbridge Subdivision, located on the west side of Ten Mile Road, approximately one quarter mile south of McMillan Road and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Lee and Jill Woodbury has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Rural Medium Density Residential District (R-3) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith, and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and the map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Meridian City Council November 19, 2002 Page 16 of 35 Corrie: Okay. You have heard the reading of Ordinance Number 02-984 by title only. Is there anyone from the public that would like to have it read in its entirety? Okay. Hearing none, I will entertain a motion on Ordinance Number 02-984. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I'd move the approval of Ordinance Number 02-984, request for annexation and zoning of 5.01 acres from RUT to an R-3 zone for the proposed Drawbridge Subdivision by Pinnacle Engineers and for the Mayor to sign and the Clerk to attest and pursuant to Idaho Code with suspension of rules. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve Ordinance Number 02- 984 with suspension of rules. Any further discussion? Roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is approved on Ordinance Number 02-984. MOTION CARRIED: ALL AYES Item 10. Ordinance No. AZ 02-020 Request for annexation and zoning of 39.96 acres from RUT to R-4 zones for proposed Castle brook Subdivision by Crestline Development, LLC - 950 North Black Cat Road: Corrie: Item Number 10 is an Ordinance Number 02-985. This is a request for annexation and zoning of 39.96 from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, LLC, 950 North Black Cat Road. At this time, I would like to ask the clerk to read Ordinance Number 02-985 by tile only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance Number 02-985 an Ordinance finding that certain land to be known as Castlebrook Subdivision, located on the east side of Black Cat Road, one half mile south of Cherry Lane and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, and finding that the owner Bernard L. McFadden and the Bernard L. McFadden Life Estate has made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and the ( Meridian City Council November 19, 2002 Page 17 of 35 map of the areas to be annexed with the Ada County Recorder, Auditor, Treasurer, and Assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: You have heard the reading of Ordinance Number 02-985 by title only. Is there anyone from the public that would like to have this read in its entirety? Hearing none, I will entertain a motion for Ordinance Number 02-985. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve Ordinance 02-985, request for annexation and zoning of 39.96 from RUT to R-4 zones for proposed Castlebrook Subdivision by Crestline Development, pursuant to Idaho Code, with suspension of law -- or suspension of rules, and the Mayor to sign and the Clerk to attest. Nary: Second. Corrie: Motion has been made and seconded for Ordinance Number 02-985, with suspension of rules. Any further discussion? Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion approved for the ordinance. MOTION CARRIED: ALL AYES Item 11. FP 02-023 Request for Final Plat approval of 54 building lots and 7 other lots on 24.36 acres in an R-4 zone for Tuscany Lakes No.1 by Gem Park II - south of East Victory Road and east of South Locust Grove Road: Corrie: Item Number 11 is a request Final Plat approval of 54 building lots and seven other lots on 24.36 acres in an R-4 zone for Tuscany Lakes No. 1 by Gem Park II, south of East Victory Road and east of South Locust Grove Road. At this time I would invite staff to comment on this request. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. You should have received recommended conditions from staff, dated November 12, 2002. This is the first phase of a multiple phase Tuscany Lakes Subdivision. It's faint on the screen, but hopefully you can see the South Locust Grove Road is here. It is south of Victory. Sherbrooke Hollows Subdivision is on the north side of Victory. Phase Number 1 that we are talking about tonight is the first phase coming off of Locust Grove. This is a more detailed look at the plat. It is in conformance with the Preliminary Plat that the Council approved. It does have a single point, ingress-egress point off of South Locust Grove here. It has essentially two loop roads coming through Ten Mile Creek now that Meridlan City Council November 19, 2002 Page 18 of 35 is on the border here to the east. They are providing a stub with a bridge across Ten Mile Creek here, more or less in the middle of this phase. There is one fairly large common open lot here in the northeast corner of the subdivision. The density is about 2.21 dwelling units per acre on this particular phase. I think the -- probably the only condition to maybe draw to your attention is the fact that they do have an emergency access here at the corner, so there are two ways for emergency in and out. This emergency access easement will have to be in place until a permanent secondary access is complete. That lot will have a deed restriction for that period of time. Besides that, I believe the applicant is an agreement with our recommended conditions and we ask that you incorporate those into your motion. Corrie: Thank you. Any comments from staff? Okay. Is the applicant or their representative here this evening? Brown: l'd just stand for any questions if you had any. Corrie: You're in agreement with everything? Brown: Yes. Kent Brown, for the record. Corrie: Any questions of Kent? Bird: I have none. Corrie: Thank you, Kent. Any further discussion? Okay. Then I'll entertain a motion on the request for Final Plat approval of Tuscany Lakes NO.1. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we approve the request for Final Plat of 54 building lots and seven other lots on 24.36 acres in an R-4 zone for Tuscany Lakes NO.1 by Gem Park No. II, and to ask the attorney to draw up Findings of Facts and Conclusions of Law and Decision of Order, to include all staff comments. Bird: Second. Corrie: Okay. Motion has been made and seconded to approve the Final Plat as the motion. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll call vote: McCandless, nay; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Three ayes. One no. Motion is carried. MOTION CARRIED: THREE AYES, ONE NAYE Meridian CIty Council November 19, 2002 Page 19 of 35 Item 12. FP 02-024 Request for final Plat approval of 52 building lots and 5 other lots on 20.26 acres in an R-4 zone for Saguaro Subdivision No.1 by farwest, LLC - south of East Victory Road and west of South Eagle Road: Corrie: Item Number 12 is a request for Final Plat approval of 52 building lots and five other lots on 20.26 acres in an R-4 zone for Saguaro Subdivision No. 1 by Farwest, LLC, south of East Victory Road and west of South Eagle Road. Staff? Brad, comments? Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. This phase is the eastern most of the Tuscany -- what was originally Tuscany Lakes plat -- Preliminary Plat. Probably the main item to point out is that the applicant has requested a name change from Saguaro to Messina Village. The spelling that is in the staff's report dated November 12th is not correct. It should be, I believe, M-e-s-s-i-n-a, not M-a-s-i-n-a. This, as you may recall, was part of a -- was a separate ownership here, this 40 acre parcel, which was originally -- I believe Marty Goldsmith and that has now changed hands, that's one of the reasons for the name change, but this phase is just the eastern half of this 40 acres. This is a more detailed look at the Final Plat. They are proposing to construct a new residential collector road here off of Eagle Road that would extend -- this is a future elementary school site, so the collector road that they would construct at this phase would extend to that future elementary site, should the Joint School District decide that they need access to that. There is just a single point of access here off of South Eagle Road and then it breaks off. There are two points into the subdivision there off of the collector. Staff has recommended standard conditions. The applicant has reviewed those and is in agreement, so we would recommend that you include our November 12th conditions in any motion you make. Corrie: Questions from Council of staff? Bird: I have none. Corrie: Okay. Is the applicant or representative here this evening? Same? Brown: Kent Brown again and we just wanted to make sure that when it does get approved, it gets approved as Messina versus Saguaro. I can't even pronounce Saguaro, so I'm happy -- how do you say it? Nichols: Saguaro. Brown: Saguaro. So I'm glad that it's gone, but, hopefully, you will help us make that go away. Mr. Goldsmith would like to keep that name for a future subdivision and we are trying to keep within Italian and change the name. We have got approval from the Street Naming Committee, we have changed all the names, and we will be before you on the 10th when Messina Hills, which will then connect us to Victory Road. This collector that you see on the north here will go around the school site and connect up to Victory and if there any questions -- Meridian City Council November 19, 2002 Page 20 of 35 Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Mr. Brown, could you spell it again? Brown: M-e-s-s-i-n-a. Corrie: Okay. Any other discussion? Okay. Hearing none, I will entertain a request for the final plat on Messina Village. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of FP 02-024, the request for Final Plat approval of 52 building lots and five other lots on 20.26 acres in an R-4 zone for the renamed Messina Village Subdivision NO.1. Would that be correct? By Farwest, LLC, pursuant to the staff report comments' of November 12, 2002, and for the attorney to prepare Findings of Facts and Conclusions of Law and Decision and Order. Bird: Second. Corrie: Okay. Motion has been made to approve the Final Plat on the Messina Village No.1. Is there any further discussion? Hearing none, roll call from, Mr. Berg. Roll call vote: McCandless, naye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Three ayes. One no. Motion approved. MOTION CARRIED: THREE AYES, ONE NAYE Item 13. FP 02-025 Request for Final Plat approval of 72 building lots and 9 other lots on 32.46 acres in an R-4 zone for Bridgetower Crossing Subdivision No.3 by Primeland Development Company, LLP - east of North Ten Mile Road and south of West McMillan Road: Corrie: Item Number 13 is a request for Final Plat approval of 72 building lots and nine other lots on 32.46 acres in a R-4 zone for Bridgetower Crossing Subdivision NO.3 by Primeland Development Company, LLP, east of North Ten Mile Road and south of West McMillan Road. Staff comments first on this request. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. The Bridgetower Crossing Subdivision. This is the third phase. It is the phase that is more or less going to connect the project between Ustick and Ten Mile and Ustick Road is here and this is going to be here north of Phase 2 and then it will curve around and hook up to Phase Meridian City Council November 19,2002 Page 21 of 35 Number 1, which is adjacent to Ten Mile Road here. They are extending the residential collector street that has already been constructed and stubbed to the south boundary here, so that will be constructed. They do have their landscape buffer lot as -- it's been out there on the first part of Bridgetower Crossing. It's must more or less continuing that same landscape theme all the way up and around and it will continue out to Ten Mile Road. The staff has sent November 14th comments to you. We have received written -- written comments back from Becky Bowcutt on this project. They are -- Becky stole my copy. Oh. Becky's comments are dated November 19th. On Item Number 7, she's talking about the fencing. This has been discussed on, I believe, both previous phases of Bridgetower Crossing. They have vinyl fencing there along their micropath lots and that was staff's oversight that the Council has essentially approved a specific type of fencing there that's four foot vinyl with three-quarter inch spaces between the slats and then they have lattice on top, instead of -- instead of just a four foot fence, they wanted to have the lattice. That request on Item Number 7 is consistent with what Council has approved for previous phases of Bridgetower Crossing. Item Number 9 deals with the Coleman Lateral. On the Preliminary Plat the Coleman Lateral was shown with its 30 -- I believe a 30 foot wide easement to course some of these lots here in the northeast corner of this phase. What Becky is saying is that they have now piped it and it is fully located within the common lot that runs along the collector. None of the -- none of these lots are going to be impacted by that Coleman Lateral easement, as we once thought they were. It's just a clarification there. Then Item Number 17 deals with the same issue that was brought up earlier this evening on another project about the Highway District's requirement to engineer their storm water retention areas with hundred year storms. She's suggesting that the condition either needs to be removed or modified. I think if we just change it to reflect 100 year, instead of 25. Mr. Watson is in agreement with that, if we just modified, instead of removed that to 25 -- I mean change 25 to 100 year. It looks like they are in agreement with all of our other recommended conditions. Again, that's our November 14th memo. Corrie: Any questions from staff? Bird: I have none. Corrie: Okay. Becky, do you want to say anything or are you in agreement with -- okay. Let the record show that she notified thumbs up on that that she agreed. Council, any questions? Bird: I have none. Corrie: Okay. Then I'll entertain a motion on the request. Bird: Mr. Mayor? Corrie: Mr. Bird. Meridian City Council November 19,2002 Page 22 of 35 Bird: I would move that we approve the request for the Final Plat approval of 72 building lots and nine other lots on 32.46 acres in an R-4 zone for Bridgetower Crossing Subdivision No.3 by Primeland Development Company, east North Ten Mile Road and south of West McMillan Road. With staff comments Item Number 7 and Number 9 being changed as stated by Brad Hawkins-Clark and Item Number 17 being changed from 25 years to 100 years as per ACHD's requirement and for the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Nary: Second. Corrie: Motion has been made and seconded for the request for Final Plat approval on Bridgetower Crossing Subdivision No.3, with the changes noted in the conditions in the motion. Any further discussion? Hearing none, Mr. Clerk. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is carried. MOTION CARRIED: ALL AYES Item 14. Continued Public Hearing from November 12, 2002: RZ 02-003 Request for a Rezone of 4 acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Item 15. Continued Public Hearing from November 12, 2002: CUP 02-027 Request for a Conditional Use Permit for a Preschool and school to prepare children for Kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherry Lane Christian Church by Cherry Lane Christian Church - 2511 West Cherry Lane: Corrie: Item Numbers 14 and 15 for the public, this is a Continued Public Hearing on the Cherry Lane Christian Church for a request for a rezone and also a request for a Conditional Use Permit. We have notification from the applicant that they would like to have this continued until December the 3rd and since this is a Continued Public Hearing, is there anyone here who would like to issue testimony at this time? Okay. Council, you have heard the request. I'll entertain a motion on that request. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue the Public Hearing for RZ 02-003, request for rezone of four acres from R-4 to L-O zones for Cherry Lane Christian Church by Cherry Lane Christian Church until December 3, 2002. Meridian City Council November 19, 2002 Page 23 of 35 Corrie: Okay. Do I hear a second? Nary: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing on the request rezone of the Cherry Lane Christian Church. Any further discussion? All those in favor of the continued Public Hearing say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Item Number 15. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we continue the Public Hearing for CUP 02-027, the request for a Conditional Use Permit for a preschool and school to prepare children for kindergarten and move up one grade a year in existing classrooms and existing building in a proposed L-O zone for Cherry Lane Christian Church until December 3,2002. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to continue the Public Hearing until December the 3, 2002. Any further discussion? Hearing none, all those in favor of the motion say aye. Opposed no? Motion carried. MOTION CARRIED: ALL AYES. Item 16. Public Hearing: AZ 02-025 Request for annexation and zoning of 6.24 acres from RUT to R-2 zones for Betty Lou Britton by Betty Lou Britton - 3680 West Ustick Road: Corrie: Item Number 16 is a Public Hearing. This is a request for annexation and zoning of 6.24 acres from RUT to R-2 zones for Betty Lou Britton by Betty Lou Britton, 3680 West Ustick Road. At this time I will open the Public Hearing and request staff's comments first. Hawkins-Clark: Thank you, Mr. Mayor, Members of the Council. I believe you are somewhat familiar with this site. This applicant was before you a couple of months ago regarding their septic and drain field situation, because the Central District Health Department was no longer approving that because of its failure. They did come and you approved them hooking up to city sewer. This application is essentially in response to the condition that they annex once they hooked up to the city services. The request Meridian City Council November 19,2002 Page 24 of 35 on the application was to an R-2 zone, which is the same zone as the neighbor to the east here, Charles Crane, who is also annexed into the city, even though this map doesn't show the color there, but there is existing city limits here on the south side of Ustick and then Charles Crane property here to the east. It is approximately 6.2 acres in size. The parcel does fall within our urban service planning area in the Comprehensive Plan. It falls within that newly designated area called the Mixed Use Wastewater Treatment Plant. Staff had recommended that the R-2 not be approved because it did not match the City Council's desires on that mixed-use area. We had talked, if you remember, about no new residential uses adjacent to our treatment plant. The Planning and Zoning Commission did review that. I guess we don't have anything else. The recommendation that came out of the Planning and Zoning Commission was for approval, but it was to a C-N or neighbor commercial zone, not the R-2. I'll let the applicant kind of address what other things she would like to. I think, really, the main other issue that came up was regarding livestock that our currently on the property and per Meridian code they can be maintained, unless that land use ceases for a year, and then livestock are prohibited after that point. That's just standard -- standard code, the applicant has agreed to limit the livestock on the land to what's currently there, and that's also in the recommendation from the Planning and Zoning Commission. Unless you have any questions, that's alII have on that one. Corrie: Thank you, Brad. Any questions at this point. This is a Public Hearing. Have the applicant Betty Lou. Raise your right hand, please. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Britton: Yes, sir. Corrie: If you will give your name and address, please. Britton: I'm Betty Lou Britton, 3680 West Ustick. Well, I would like to be in a residential. They suggested I go to C-N and as long as my house is still there, I really don't care. The livestock I think is a little ridiculous, that I just have to have three, because six acres will take care of five or six and I just have this rented to three now, but I could rent it to four or five and make more money. That's up to you guys. Six acres will carry at least two horses to an acre so I think it's kind of silly to limit it to just three, just because I had three there. I might want a horse -- a chicken or two. Corrie: Okay. Britton: Maybe a pig or a goat. Corrie: I don't want to go there, Betty Lou. Britton: Don't do it. Corrie: Okay. Meridian City Council November 19, 2002 Page 25 of 35 Britton: Any questions? Corrie: Any questions of -- okay. Thank you very much. We have some sign-ups here that would like to testify, if you wish. One is Calhoun. Mrs. Calhoun. Okay. You're for it. How about -- is it Rod? Do you want to testify or just -- okay. Is the testimony you're about to give the truth, the whole truth, and nothing but the truth, so help you God? Ralphs: It is. Corrie: Name and address, please. Ralphs: Members of the Council, my name is Rod Ralphs. I live at 2730 North Greenbelt Place in Meridian, Idaho and I'm here on behalf of C&B, Inc., a prospective buyer of the property. We are also interested in having this property go to residential and we were there at the Planning and Zoning Meeting. We understand the concerns that the city has with the recent adoption of the Comprehensive Plan and as we proceed forward with the sale, if it goes forward, the original intent and the original understanding with the original application was for R-2 and that that was going to happen. We have started layouts for residential applications and we feel that given the unique nature of this property, that with landscaping and berm layout, we can address the concerns of sound, light, and smell that the Council has with this. As far as the amendments to the master plan that you have recently adopted involving this area next to the Wastewater Treatment Plant, we note that the map can only be amended at least once every six months and on a textual basis it could be changed once a month, if so -- if so possible. With that in mind, we would ask that the application asked for by Mrs. Britton from an RUT to an R-2 be granted and that's all we have. Corrie: Any questions? Bird: I have none. Corrie: Thank you. Anyone else from the public like to issue testimony? Okay. You had one more shot if you had anything else you to want add, Betty Lou. Okay. Thank you Council, discussion? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I got a question for Brad. Brad, what is the real -- why does the staff not want an R-2? Hawkins-Clark: Councilman Bird, the sole reason is because of the Comprehensive Plan policy that says in this area around the plant, didn't want to see new residential. As you recall, there was some difficulty as to what is appropriate around the Wastewater Treatment Plant. Certainly any existing houses, you know, are not Meridian City Council November 19, 2002 Page 26 of 35 impacted, because they are legal non-conforming uses, so they can continue to use them. I think much of the discussion, you know, some months ago revolved around the conversion of this area -- and, of course, we had the Utility Subdivision application immediately to the east of Mrs. Britton's property, that the City Council denied its industrial uses. Granted, it is a tough area to look at long range and imagining full city build out what are the appropriate urban uses. In many ways, the existing low density rural residential is appropriate. Horses are probably about as good a use as you could have there. It is in our urban service planning area and it needs to be designated for some form of Meridian use, so we went with the light commercial, warehousing, light office type approaches, so that was our reason. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I had a different question, it's sounds like, than the first one, the way this language in the recommendation reads, it says the application has agreed to limit livestock upon the land to that currently living upon the land. Now, the way I read that is that it's not the number -- I think that the intent was that the number and type of livestock that she currently has she can maintain, not that the three horses that she has now are the only three horses they could ever have. But -- did I -- wasn't that the intent? It's the type of use she has currently she can continue to have. She can replace the horses she just can't get more horses. Isn't that what we meant? Hawkins-Clark: Councilman Nary, that's generally right and our interpretation of the ordinance. Nary: Okay. Hawkins-Clark: Yes. Nary: The way it reads, it makes it sound like what she's got is all she has to have and once those animals die or move, then she can't add anymore, can't put them back, and I don't think that's what we meant, so I guess we probably need to clarify that in that condition when we do the findings, that we simply meant the type of use that's now -- the current number of animals can remain the same. Hawkins-Clark: The ordinance reads all poultry or livestock presently kept or maintained prior to the passage of the ordinance shall be allowed to continue. Nary: Yes. The language appears to limit it to the ones that are actually currently there now and I don't think that's what we meant. We meant the number and type. Corrie: Thank you. Nary: Thank you. Meridian City Council November 19, 2002 Page 27 of 35 Corrie: Any other questions? Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I guess I will bring up the other issue. We have got a big orange 500-pound guerilla now around that Wastewater Treatment Plant that we didn't know what to do with when we made it and we don't know what to do with it now. Bird: We don't know what to do with it now that we have made it. Nary: Now we don't know what to do with it now and I guess the problem is I think staff is correct, that that's what it is and that's what they have to recommend, because that's what the zone is and that's what it is designated in the comp plan and until we change it, that's what we have to stick with. It has to be some sort of non-residential use. Now, what makes some sense for development and maybe in this process that we are looking at amending the Comp Plan, amending the map? All of the things that are the natural progression o( but we need to look at -- I guess the bottom line of what I thought we talked about -- and I remember this area, of course, but we really wanted to be able to have some idea of what goes there. We wanted the people to have notice. We wanted the Council and the Mayor to have notice as to what people wanted to do there. We did talk pretty strongly about residential, but I think what's been brought up by the developer is a fair assessment. It depends on what it is. It depends on how they want to build it. It depends on what it's going to look like. There is a lot of depends that I think we at least need to have the ability to look at it. I don't think we left us that option right now. I think we probably have to look at a non-residential use, but we have to work towards amending our Comp Plan, amending our map, and allowing some flexibility, because I think what we had talked about predominately with those neighbors was they wanted to know what it was going to be. They just wanted to know what was going to be there and I think that's what our main concern was is knowing what it would be and trying to make -- try to make some sense out of this area that over the course of time, before any of us were here, it's evolved and changed three or four different ways that I think is very fair from the development community and we heard comments previously that they don't know what they want -- they don't know what to do, because we don't know what we want. We just don't think we want what's currently proposed and I think we need to look at that, but I don't know that we can do it different today. I think we are kind of stuck to what we have today. Now, maybe I'm wrong and someone can tell me that we don't have to do it like that, but I don't know that we can. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess ] would concur with what's been said, although -- and I know we don't like to annex without a plan. However, I believe it was a condition of hooking up to Meridian City Council November 19,2002 Page 28 of 35 our services that this would even be considered at this time. We are stuck with the -- not stuck, she's stuck. Britton: Seven thousand bucks worth. De Weerd: We are, right now, limited to what can be done with this falling into the zone that we designated as a special mixed use within that area. I would concur with what Councilman Nary has said, that right now this is what we can do to help the applicant live up to her end of the agreement in connecting to our services and hope that she can work with the developers who have an interest to find a plan. Then, accordingly, come to the city with their recommendation. Corrie: Any other discussion? Okay. If there isn't any further discussion on the Public Hearing, I will entertain a motion to close the Public Hearing. Nary: Mr. Mayor, I'd move that we close the Public Hearing on Item 16. De Weerd: Second. Corrie: Motion made and seconded to close the Public Hearing on Item Number 16, AZ 02-025. All those in favor say aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Further discussion on the request? Okay. Hearing none, I will entertain a motion on the request for annexation and zoning. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of AZ 02-025, request for annexation and zoning of 6.24 acres from RUT to a C-N zone pursuant to the recommendation of the Planning and Zoning Commission and the request for Betty Lou Britton by Betty Lou Britton at 3680 West Ustick Road, with Council to prepare Findings of Facts and Conclusions of Law pursuant to those recommendations. The only amendment at this juncture I would make is that on recommendation Number 5 that we clarify that the applicant has agreed to limit the number and type of livestock upon the land to that currently living there at the time of this application. That it is clear that whatever type of animals and the numbers that she has is something that she can maintain and it doesn't have to be the same animals. Bird: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Berg. Meridian City Council November 19, 2002 Page 29 of 35 Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Corrie: All ayes. Motion is carried. MOTION CARRIED: ALL AYES Item 17. Public Hearing: CUP 02-029 Request for a Conditional Use Permit for a child care facility for 12-24 children in an R-15 zone for Joni R. West by Joni R. West - 923 East 4lh Street: Corrie: Item Number 17 is a Public Hearing, request for Conditional Use Permit for a child care facility for 12 to 24 children in an R-15 zone for Joni R. West by Joni R. West, 923 East 4th Street. At this time I will open the Public Hearing on this CUP request with a note that a letter has been sent by Mrs. West that she does not wish to contest the recommendation by the Planning and Zoning to deny her request, but since this was noticed as a Public Hearing -- and it looks like everybody has left the courtroom, so I will open the Public Hearing and, staff, do you have any comments? Hawkins-Clark: Mr. Mayor, not really. As you saw the minutes, there was quite a bit of opposition to this application, so we have had conversations with her at the department and she's looking to get a transfer of a Conditional Use Permit of Kinder Kollege on Cherry Lane as an alternative to this. Corrie: Okay. Is there anyone else from the Public that would like to issue testimony? Okay. Council, I will entertain a motion to close the Public Hearing. Bird: So moved. Nary: Second. Corrie: Motion made and seconded to close the Public Hearing on the CUP request. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: I guess we can make a motion to fail the request. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: I would move the approval of the recommended denial of CUP 02-029, the request for a Conditional Use Permit for a child care facility for 12 to 24 children in an R- 15 zone for Joni R. West by Joni R. West and for counsel to prepare Findings of Fact and Conclusions of Law and Decision and Order pursuant to those recommendations from the Planning and Zoning Commission for denial. Meridian City Council November 19, 2002 Page 30 of 35 Bird: Second. Corrie: Motion on Item Number 17. Any further discussion? Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, if I may make a suggestion that might save us a little work. Corrie: Sure. Nichols: If staff could obtain a letter from Mrs. West that withdraws her application, then we do not have to prepare the findings of denial. You know, she says she's not going to appeal the decision, but if we could just have her sign something that says she withdraws her application, that would be sufficient. If she doesn't, then we can go ahead and prepare thQse findings to deny the CUP. Hawkins-Clark: Sure. We can get that and submit it. I assume this item, then, would need to be either tabled or continued? Tabled or -- no? Corrie: Just the letter her signing that she is withdrawing. That's what she told me in the office, that she wasn't going to -- Nary: Either in two weeks we would have a finding or if we didn't get it within a fairly short period of time, then either Mr. Nichols would just need a little more time to get it down, if she didn't want to do that, or something -- or she could just give us that within a few weeks. Is that fair? Hawkins-Clark: We will contact the applicant and ask her for that letter. Corrie: Okay. Corrie: Item Number 18, water, and sewer -- Bird: We have got to still move -- we have still got to vote on that, because, then, if it doesn't come through he has to draw up the Findings of Fact. Corrie: Okay. Motion made and seconded. Who seconded that? Bird: I did. Corrie: Mr. Bird. Okay. Any further discussion? Roll call vote, Mr. Berg. Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye. Meridian City Council November 19, 2002 Page 31 of 35 Corrie: All ayes. MOTION CARRIED: ALL AYES Item 18. Water, Sewer and Trash Delinquencies: Corrie: This is to inform you in writing that the delinquency turn-off schedule for November 20, 2002, that if you so choose you have the right to a predetermined hearing at 7:30, Tuesday, November 19, 2002, before the Mayor and City Council to appear in person to be judged on the facts and defend the claims made by this city that your water, sewer, and trash bill is delinquent. You also may retain counsel. The service will be discontinued on November 20, 2002, unless payment is received in full. Is there anyone present who wishes to contest his or her water and sewer delinquency? You are hereby informed that you may appeal of have the decision of the city reviewed by the Fourth Judicial District Court pursuant to Idaho State Code. Even though you do appeal your water will be shut off. The amount of the turn-off list is 25,722.51 dollars. I will entertain a motion to approve the delinquency turn-off list. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I will make a motion here in a minute, but I take it that -- and I understand that they couldn't get the notations out on these late ones like we were going to do. It was too soon, wasn't it, Gary, to get the change? We will probably see that next month or-- where you have a notation on some of these late ones. They do look a lot -- they are a lot cleaner this month than they are -- they have been and I appreciate that. With that, Mr. Mayor, I would move that we approve the delinquency turn-off for November and -- for the turn-off of November 30, 2002, unless payment is received. The total sum of 25,722.51 dollars. Corrie: Do I hear a second? Nary: Second. Corrie: Motion made and seconded. All in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Corrie: Just before we close, as you know, we did have a COMPASS Meeting Monday, in which the new draft for the reorganization of COMPASS was given to us. I think that I will see that you all get copies of that for your edification. My question is when would you like to discuss that? The next meeting of COMPASS will be the 16th of December, which I doubt very sincerely that they will get a vote at that point, but we would like to discuss it the next Council Meeting or -- we need to do it before the 16th and the 10th, which Tammy isn't going to be here. If you'd like to discuss it the 26th, we certainly can. Meridian City Council November 1 g, 2002 Page 32 of 35 I won't be here the 3rd and she won't be here the 10th, so maybe we ought to have a Pre-Council Hearing on the 26th and discuss it with Council. Okay. I will see that you get all the information. Okay. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I think we did get the COMPASS packet. Bird: Yes, we did. Corrie: Did you get all of it? Okay. Good. All right. And then did you get also -- I believe there is a letter that also accompanied today that Sherry Huber -- you all got that? Okay. All right. If you have any questions, see me or Tammy, we are both on that board, and we had that meeting and notes, so -- De Weerd: Mr. Mayo~? Corrie: Yes. De Weerd: I will have information, then, for the Council on our parade situation. I will work with Mr. Bird on planning the appropriate vehicle for the Mayor to ride In, compared to our little bumper cars. Corrie: Now wait a minute -- Nary: Very open-ended. Corrie: It's very open-ended. Bird: I thought we decided we were going to ride in the new fire truck. Corrie: We will decide on that. Okay. De Weerd: One other thing. The Mayor, Will, and I discussed possible dates for a workshop discussion on the USGA report that came out. I think I got the acronym right. The only thin~ we thought of, if we wanted to do it before the end of the year, was December 18t , which is a Wednesday. J don't know if that works for the rest of you, but if you can let the Mayor know, so if that works he can notify the appropriate people and we can -- Bird: What is it, an all day workshop or something? Corrie: Bill and Joann, I think, are talking right now and we are trying to see if the 18th is a good day, right, Bill, or -- if we can. Meridian City Council November 19, 2002 Page 33 of 35 Nichols: Mr. Mayor, I haven't spoken with Ms. Butler, attorney for the golf course, since before the last meeting when that was presented. One of the issues that has to be researched is what the city's obligation and liability is within the lease with regard to maintenance of the course and so that's on my plate to do. I think it -- I don't know if your workshop envisions having the golf course folks here or if it was just internal with city staff, so -- Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I envisioned having everyone here, including the old Golf Course Committee and all those people that are much more knowledgeable about it than I am on the deals and I -- that's why I thought we was going to do it in the evening, so that those people can be here, too. I thought it was set for the 18th. I kind of thought that's what we had set up and I thought that -- Corrie: Well, we defin!tely need to know what's in the lease. Bird: Yes, we do. Corrie: We need to have an understanding what's in there, so we can talk intelligently, because if they can get that done, then maybe we can have it by the 18th and I don't have any objection to when we do it or what the time is. I just want to make sure that everybody, our attorney and their attorney, at least has gone through and understands that there is a lease. If they can get it by the 18th, I have no objections myself, and you can have it during the evening or -- as a workshop, but I really would like to make sure that both attorneys agree on the date here and when they do, then I can interview and call the people that are involved. ]t's a big problem, so it's not going to be handled very quickly. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: And I also agree -- and that's why I think some of the people that were involved originally needs to be here, because I believe the Cherry Lane was -- and I think it probably come out from the agreement that that course was supposed to be in a certain shape when it was turned over, but, you know, nobody knew that the developer was going to go bankrupt on us or anything else. I mean there are just a lot of circumstances on that golf course. I think that -- I agree with you a hundred percent, we need to see what the lease says and what it don't say. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. Meridian City Council November 19,2002 Page 34 of 35 De Weerd: The Mayor has a list that he had on whom he feels should be there, too. If you can maybe work with him, you know, and I know that the mayor was very comprehensive with his list, so -- and I guess we need to hear from Mr. Nichols, if he can do a review by the 18th, because that will be the key, as the Mayor stated, to any further discussion. So-- Nichols: Mr. Mayor, Members of the Council, I don't think it will be a problem to get something to you on that issue. I mean the issue is what's our obligation with regard to the condition of the course and maintenance, essentially. I think that -- there is not going to be pages and pages of language in that lease to analyze for that, so I think that will be fairly straightforward. It's only if we get into some ambiguities that, then, we have to go outside of the document to try to explain those. We will look at it. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I guess si~ce it is a lease issue, I don't know if that would require maybe an executive session to speak to a lease. We could maybe do an early session with pizza at 5:00 and then have the workshop start at 6:00 or something. I don't know the dealings with it, but we may want a briefing, even if it is public, just prior to the -- all the entities coming in and sitting down and so I guess if you could work that with the attorney as well on that kind of a structure. Corrie: I agree, Mrs. de Weerd, that we need to understand before we go into that what it says, so we all understand it, because it can get -- it may be difficult if we don't. Maybe we can have, like you say -- I don't know whether pizza is the right word or not, but sandwiches or -- De Weerd: Whatever. Corrie: Okay. If we can ~et it, I will maybe set it up early for the executive session and have the workshop the 18 h. Well, I will let you all know. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Could we have an Executive Session -- I mean unless -- I guess if the issue, from your perspective is if there is potential litigation or something like that, then, yes. Okay. Corrie: Okay. Then we will -- De Weerd: I don't know. I just threw that out. I'd like it set up to -- Meridian City Council November 19, 2002 Page 35 of 35 Corrie: There is a good possibly there won't be, either. Once you get the public involved, it's going to emotional, so -- all right. Good anything, Council, for the good of the Council? Hearing none, I'll entertain a motion to close. De Weerd: So moved. Nary: Second. Corrie: All in favor say aye. MOTION CARRIED: ALL AYES Corrie: 8:35. MEETING ADJOURNED AT 8:35 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~ -ReBERT D. CORRIC, MAYOR 7lt/rLn-...:; c.-i.e k/U/L~LI ;Jrefic(i'/",-C- \\ \ \ \lIlt If 111111 \\\ c: M"- III \\ Ol cR') III ,,\ ..J, II'D, /., JL .:::-,' ~ '-<JA . ""-c:. ~ CJ o~PORt<l); 'V ~ ~ /? ~ /( J ~ .::: ~G ~ ~ 'h'//" /~~- f ~ % ATTESTED: AAAA-~~. ) ~ SEAL ~ WILLIAM G. BERG, JR., ITY CLERK :::)J !!l"- ~. VG, ~ 0 :..,': -;.~ "1A uST 1S\ . ~-2' " V 1'>.. .::- -;', A'j ..:0' " ~ ~ . r-........ ,;\) ,..... ..~/ 'v(,1.~ 1!'Io 'no;-....{ \' .//ii; {- ce-,," .f \\\\..... ~ . ~ ...,.' t', 1 ! t- / 3 / fl2- DATE November 15, 2002 MERIDIAN CITY COUNCIL MEETING November 19,2002 APPLICANT Public Works Department ITEM NO. 3 -0 REQUEST Agreement for Professional Services - Joan MeitL MPDES Phase II Storm Water Permit 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEfTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See Attached Memo I Agreement vV ~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 11/14/2002 Re: Proposed Agenda Items for November 19 City Council Meeting CElVED NOY 1 5 2002 City Of Meridian City- Clerk Office The Public Works Department respectfully requests that the following items be placed on the November 19 City Council agenda, on the Consent Agenda, for Council's consideration: * 1) Aareement for Professional Services - Joan Meitl, NPDES Phase II Storm Water Permit. This agreement, a signed copy of which is attached, authorizes a local consultant, Joan Meitl, to help prepare the EPA-required Phase II Storm Water permit application that is due by March 10, 2003. She will help us prepare the permit application and coordinate with other local agencies. You will recall this project being Strategic Initiative #2 and proposed as Enhancement #2 during the Public Works budget presentation. A copy of that presentation slide is attached. The agreement is on a time and materials basis, not-to-exceed amount of $3,400.00. Recommended Council Action: Approve the agreement for professional services with Joan Meitl for the NPDES Phase II Storm Water Permit Project and authorize the Mayor to sign and City Clerk to attest. 2) Aareement for Professional Services - Trout Architects, MUBS Counter/Reception Area Remodel Desian. This agreement, a signed copy of which is attached, authorizes Trout Architects to proceed with final design of the MUBS counter and reception area remodel. This item was approved as Enhancement #2 during the MU BS portion of the Public Works budget presentation. A copy of that presentation slide is attached. The agreement is on a time and materials basis, not-to-exceed amount of $3,687.00. Recommended Council Action: Approve the agreement for professional services with Trout Architects for the MUSS Counter/Reception Area Remodel Permit Project and authorize the Mayor to sign and City Clerk to attest. Thank you for your ~ . Page 1 PERSONAL SERVICES CONTRACT AGREEMENT Project: Assistance with NPDES Storm Water Permit for City of Meridian Service Provider (SP): Joan Meitl Address: 1110 E. Bannock S1. Boise, Idaho 83712 Consultant: WITNESSETH, that the parties hereto for the consideration herein named, do mutually agree as follows: [. Statement of Work: The SP shall perform the work described herein for the consideration stipulated. SERVICES TO BE PROVIDED: Assist the City of Meridian (City) in the development ofa Storm Water Management Plan and the preparation of an application for a National Pollutant Discharge Elimination System (NPDES) Storm Water Permit, as described in the attached workplan. 2. Scope of SerVices: SP shall undertake the services identified above and in the attached workplan in such a manner that the above activities can be completed in a timely manner. 3. Amount of Contract: In an estimated amount of Not To Exceed $3,400. 4. Term of Contract: The work to be performed under this contract shall be completed within a period of five months following approval by Council, unless sooner terminated as herein provided. 5. 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 Ave. Meridian, ID 83642 Service provider: Joan M. Meitl II 10 E. Bannock S1. Boise, Idaho 83712 6. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 7. Assignment: It is expressly agreed and understood by the parties hereto, that SP shall not have the right to assign, transfer, hypothecate or sell an of its rights under this Agreement except upon the prior express written consent of City. 8. Discrimination Prohibited: In performing the Services required herein, SP shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap 9. Compliance with Laws: [n performing the scope of services required hereunder, SP shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 10. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the SP's compensation, which are mutually agreed upon by and between the City and the SP, shall be incorporated in written amendments to this Agreement. 11. Termination for Cause: If, through any cause, the SP shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SP shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the SP of such termination and specifYing the effective date thereof at least fifteen (15) days before the effective date of such termination. If this agreement is terminated for cause SP shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the SP shall not be relieved of liability to the City of Meridian for damages sustained by the City by virtue of any breach of this Agreement by the SP, and the City may withhold any payments to the SP for the purposed of set-off until such time as the exact amount of damages due the City from the SP is determined. 12. Termination for Convenience of City. The City may terminate this Agreement at any time by giving at [east fifteen (15) days notice in writing to the SP. If the Agreement is terminated by the City as provided herein, SP will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of SP covered by this Agreement, less payment of compensation previously made. 13. Payment: PAYMENT SCHEDULE FOR SERVICES A. The SP shall bill for services as completed but no more frequently than once per month. The amount of the bill shall be in accordance with the actual services completed, not to exceed a total amount as outlined in this agreement, and the City shall timely reimburse the SP for said completed services. CONlPENSA nON B. The City agrees to compensate SP at the hourly rate of fifty dollars ($50.00) per hour. This hourly rate includes direct labor, general and administrative overhead, profit margin, ordinary computer time, office supplies, local communication charges, and travel costs within 30 miles of Boise. No other reimbursable costs are anticipated. 14. Renewal: This agreement may be renewed, at the existing rate, upon mutual agreement by both parties. 15. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 16. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State ofIdaho. 17. Indemnification and Insurance: SP shall indemnify and save and hold harmless the City of Meridian from and for any and all losses, claims, actions, judgments for damages,' or injury to persons or property and losses and expenses causes or incurred by SP, and not caused by or arising out of the tortuous conduct of the City or its employees. END OF AGREEMENT eN WITNESS WHEREOF, the City of Meridian and the SP have executed this Agreement as of the date first above written. City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Service Provider: Joan Meitl 1110 E. Bannock St. Boise, ID 83712 By: Robert D. Corrie, Mayor ~ ?ll?7ltd Attest: William G. Berg, Jr., City Clerk Approved By Council: Proposal to City of MeridianJ Idaho By Joan Meitl For Services Implementing Federal Phase II Storm Water Regulatory Requirements Project Description The purpose of this proposal is to outline an approach for providing assistance to the City of Meridian to achieve compliance with the National Pollution Discharge Elimination System (NPDES) permit application requirements of Section 402(p) of the Clean Water Act. These regulations require the City of Meridian to submit a storm water management plan to the Environmental Protection Agency by March 10, 2003 that describes the activities, timelines, and assessment methods that will be used to comply with the federal regulations. The proposal also addresses complimentary activities that will address the requirements of the Total Maximum Daily Load (TMDL) developed by the Department of Environmental Quality (DEQ) for the Lower Boise River. Task 1. Assessment of Existing Information and Capabilities The consultant will determine which receiving waters are impacted by storm water runoff with the Meridian city limits. The consultant will also assess existing regulations, policies, and programs to identify existing capabilities and needs with regard to regulatory requirements. This will be accomplished through interviews with appropriate City staff; and a review of the City Code, policies, standards, procedures, guidance documents, records and other City documents. Deliverable: Compliance evaluation report Task 2. Identification of potential partners The consultant will identify opportunities for cooperation with other local and regional entities in meeting regulatory requirements. The consultant will review storm water and drainage-related activities of other entities within the Meridian city limits to determine functions provided by these entities and their applicability to satisfying the federal requirements. Deliverable: List of potential partners and their capabilities, Identification of permit application approach Task 2. Develop Storm Water Management Plan. The consultant will facilitate the development of a Storm Water Management Plan. The approach to plan development will be to build on existing programs and capabilities of the City (and any cooperating entities) and fill whatever gaps exist in order to achieve compliance with regulatory and permitting requirements. Development of the Plan will also include consideration of the requirements of the Lower Boise River TMDL Implementation Plan. The Plan will address the six minimum measures required by the federal regulations. The Plan will describe measurable goals for each of the six control measures, evaluation methods to assess progress towards meeting those goals, an implementation schedule of activities or frequency of activities, and record keeping and reporting procedures. The consultant will develop preliminary costs estimates for implementation of the Storm Water Management Plan and funding alternatives. A draft plan will be developed based on input from City staff. The consultant will facilitate a meeting with City staff to review the draft plan, resolve problem areas, and discuss changes. This work session will also include an identification of how each of the program activities described in the Storm Water Management Plan will be accomplished, the responsible entity, and the timeframes for completion. The Plan will be revised as needed. The consultant will work with City staff to organize a combination open house/public hearing to provide information to the general public and stakeholders about the proposed Plan and receive comments. An emphasis will be placed on notifying stakeholders including developers, builders, and contractors. The consultant will assist City staff in briefing City Council members about the Plan, its basis, and related TMDL activities. Oeliverables: Storm Water Management Plan with program budget estimates, organization of open house/public hearing, presentation to City Council. Task Estimated Time for Deliverables Com letion of Task 1. Assessment of existing 40 hours ca abilities 2. Identification of potential 8 hours artners 3. Development of Storm 20 hours Water Mana ement Plan Compliance Evaluation Re ort List of potential partners and ca abilities Subtotal 68 hours House, 2 Project Budget Schedule The rate for the proposed services is $50 an hour. This rate includes transportation expenses within 30 miles of Boise. All other expenses will be billed at cost. The City of Meridian will be billed only for the hours actually worked. The consultant can begin work as soon as Meridian issues a Notice to Proceed. The Compliance Evaluation Report will be provided to Meridian for review no later than November 30. Completion of other tasks will depend on whether the City elects to pursue a separate permit application or become a co-applicant with other entities. " .) ,.--.. ~~ E <D '-- '> (l) .- 0-10 .- -+-' \.- .- ~~ $.~ Et\1 \.- '- .9w (/) . ",3: Q)e:.. ~ 5 s:. .-- o-(Q <(g 0-0- uJ~ . . '" ~ ~ c Q) E Q) (.) c ~ .c. c \.U (/') c o ',p ro - ::3 Ol OJ <l> 0\':: Cj9 OJ c ~ <l> co E aC __e OJ .- :J~ If') <l> If') en "-' c C .- ro~ C[~ u U C .- .- 01L. ~~ roW 1.- all . C (0 - 0- ...... C <l> E Q) en CO c ro (/') E c :.- .2 2 ....., (0 -3~ gE :.- :.- <(.8 0- t.n uJo $.s::.c co~o o $ '.0 <-9Q)jS E u c C <l> ~ .m E QJo..<l> \-Eo.. 0'\ UO E c t--l .9 1 1 . 0"- ...0 - o ~ ..r::. u :.- u1"CO .91 ~ ~Zi <l>...... en.- roE :.-'- <l><l> -so. 0:'- __2 >(0 c> .2 E ~'- ~.8 ::3 V) '2N 8~ cro ._ .s::. ~ If') -0 0.. ~ QJ C <l>:::: ._ co -=== -0 f""n "P-(O '-" -C -0 <l> ~ co c-o ro~ro<( .p ::3 Q) 0- (f) ~ 1iJ UJ __ 0-"""""" If') U 0. rr'l C co EO o .- 00 :,p/uN ;}:.\ . November 15, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT Public Works Department November 19, 2002 ITEM NO. 3-? REQUEST Agreement for Professional Services - Trout Architects, MUBS Counter / Reception Area Remodel Design: 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: MERI DIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTH ER: See Attached Memo I Agreement ~~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo To: Mayor Corrie & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 11/14/2002 Re: Proposed Agenda Items for November 19 City Council Meeting RECEIVED NOV 1 5 2002 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the November 19 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Aoreement for Professional Services - Joan Meitl, N POES Phase II Storm Water Permfl:. This agreement, a signed copy of which is attached, authorizes a local consultant, Joan Meitl, to help prepare the EPA-required Phase II Stonn Water pennit application that is due by March 10,2003. She will help us prepare the penn it application and coordinate with other local agencies. You will recall this project being Strategic Initiative #2 and proposed as Enhancement #2 during the Public Works budget presentation. A copy of that presentation slide is attached. The agreement is on a time and materials basis, not-to-exceed amount of $3,400.00. Recommended Council Action: Approve the agreement for professional services with Joan Meitl for the NPOES Phase II Storm Water Permit Project and authorize the Mayor to sign and City Clerk to attest. 7f /" 2) Aoreement for Professional Services - Trout Architects, MUBS Counter/Reception Area Remodel Desion. This agreement, a signed copy of which is attached, authorizes Trout Architects to proceed with final design of the MUSS counter and reception area remodel. This item was approved as Enhancement #2 during the MUSS portion of the Public Works budget presentation. A copy of that presentation slide is attached. The agreement is on a time and materials basis, not-ta-exceed amount of $3,687.00. Recommended Council Action: Approve the agreement for professional services with Trout Architects for the MUSS CounterlReception Area Remodel Permit Project and authorize the Mayor to sign and City Clerk to attest. Thank you for your;::i . Page 1 TROUT ARCHITECTS October 7, 2002 ------ CHARTERED Leslie Howard City of Meridian Billing Department 33 East Idaho Street Meridian, ID 83642 - Letter of Agreement - City Hall, Billing Dept. Reception Desk Project #2002.014 Leslie, Thank you for selecting Trout Architects/Chartered to provide design and construction document services for the Billing Dept. new reception desk. Per our discussions, Trout Architects/Chartered and the Owners, The City of Meridian, agree to the following. This Agreement is made October 7, 2002 between the Owners, The City of Meridian and the Architect, Trout Architects/Chartered for the following Project: City Hall, Billing Dept. Reception Desk Project #2002.014 ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide limited architectural design and construction document services for the project based upon Trout Architects 'Desk Study #2' dated April [2,2002 for the Meridian City Hall billing department fTont lobby. See attachment' A'. Structural, mechanical and electrical design services are not included within these services. Services shall be performed in a manner consistent with professional skill and care. The Architect wilt assist the Owner in development of general reception desk cabinetry planning and construction document services. Limited supervision will be provided during the construction process. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the project, and shall establish a budget with reasonable contingencies that meets the project requirements. The Owner shall employ other consultants such as civil, structural, mechanical and/or electrical engineering as required by the Architect and for the architectural design. The Owner shall furnish for the benefit of the project all legal, accounting and insurance counseling services. ]030 LA POINTE. BOISE olD 083706. (208)344-8646 0 FAX (208))44.7250 e . m a i Ide 5 i gn @ t r 0 U ta r chi t e Cis. com www.lroutarchitects.com The Architect will file documents required for the approval of governmental authorities. ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS Documents prepared by the Architect are instruments of service for use solely with respect to this project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies of the Architect's construction documents for information and reference in connection with the Owner's use and occupancy of the Project. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT Either the Owner or the Architect may terminate this Agreement at any time with or without cause upon giving the other party seven (7) calendar days prior written notice. The Owner shall pay the Architect for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of the Agreement. ARTICLE 5 LIMIT OF LIABILITY The Owner agrees that the limit of Architect's liability for any negligent acts, errors, or omissions relating to or arising out of the Project shall not exceed the total aggregate sum of$50,000 or the Architect's fee for that portion of the services rendered on the Project, whichever is less, and this limitation to apply to the Owner and all contractor or subcontractors on the Project. ARTICLE 6 MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the location of the Architect. Terms in this Agreement shall have the same meaning as those in AlA Document A205, General Conditions ofthe Contract for Construction of a Small Project, current as of the date of this Agreement. The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to this Agreement. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the project site. ARTICLE 7 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Owner shall compensate the Architect as follows. Design and construction document services will be computed on an hourly basis with a maximum not-to exceed without prior written Owner's authorization amount of Three Thousand Six Hundred and Eighty- Seven Dollars ($3,687.00). 2 Hourly charge-out rates are as follows: Principal Project Designer Drafting Clerical 95.00 85.00 60.00 40.00 Other staff maybe added at anytime. The charge-out rates will remain as shown per their job descriptions. The Architect shall be reimbursed for expenses incurred in the interest of the project at the direct cost of the expense, without markup. If through no fault of the Architect the services covered by this Agreement have not been completed within nine (9) months of the date hereof, compensation for the Architect's services beyond that time shall be appropriately adjusted. Payments are due and payable upon receipt of the Architect's monthly invoice. Amounts unpaid thirty (30) days after invoice date shall bear interest at 18.00 % per annum. ARTICLE 8 OTHER PROVISIONS This Agreement entered into as of the day and year first written above. Owners: y Stev out Trout Architects/Chartered ! 030 La Pointe Street Boise, ID 83706 /1.14 . 0 z.. City of Meridian 33 East Idaho Street Meridian, ID 83642 By: Robert D. Corrie, Mayor Attest: Approved by Council: 3 \.) I WRITING SHELF HI DROP BOX E3ELOl^l 1;:::----, 1<>> 1 '0 L____..J rl ........ ./ r 1,- - - --, 'I L -.J L .-.J II r - I 1 I" l I L J I - 11 I I P= = /'. L _ J 1< . J ~ 1 1 1 L _ BILLING DEFT.- DESK STUDY #2 @ 1/411= 11_0" TAc. #2002.014 12 AFR 0.2 c)(+Hv'rl\4u ~ c Q) E Q) u C\1 - c:-o. Q) Q) Eoc Q) '-- u$ c c C\1 :J .r:. 0 CO w...... c o ~ U- . . C'J ~ (/) C- o .- to 1- OJ 0.. o 0'6 ~ tl Q) 1- 0\0 c~ Q) Q) __ u -- CO COo.. .cC./l U.?3 .............co Q) ::3 :J cr (j) OJ Ul"'O ...... CO C c CO .- K..8 u (/) .- ~ 0'\ CO ~Qj ro~ "- tn' . N Vi i7 .- 1- ~ U ~ -C C eo ~ c (/) Q) .- -0 U 1- - CO (j) t<J) "'0 -- C COtt::ro OCO~ C:>1il<( E<1Jg ,...(f)--.a.,. Q)~1U \--00) O\c~ c....... .9' . rrl o --.. ,.-t --... ,.....t b ;j ~ i- t) C (/) 0 Q) U .- -c c:nc OJ CO 10:9 "-..0 tn -- .............cf.I) .9."' c. (/) o Q) :pO :;{, . BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 10/22/02 Revised 11/26/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SUNDANCE PLACE ) SUBDIVISION, LOCATED ON THE ) EAST SIDE OF MERIDIAN ROAD, ) % MILE NORTH OF USTICK ) ROAD, MERIDIAN, IDAHO ) ) BY: G. L. VOIGT DEVELOPMENT, ) ) APPLICANT ) ) Case No. PP-02-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on October 22,2002, and Brad Hawkins-Clark of the Planning and Zoning Department, and Becky Bowcutt, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION, A PORTION OF THE SW ~ OF SECTION 31, TAN., R.1E, BM., ADA COUNTY, IDAHO, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, REVISION LAST DATE: 10/09/02 BY BKB PER CITY COMMENTS, RECEIVED OCT 11 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG DATE: 10/12/01, DWG NO. 10404, SHEET 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRO V AL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (pP-02-010) 1 OF 1 PRE-I, \10404-PRE.DWG BKB, OWNERS: DAVID N. BAYLESS AND G. L. VOIGT DEVELOPMENT, DEVELOPER: G. L. VOIGT DEVELOPMENT, BRIGGS ENGINEERING, INC.", G. L. Voigt submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact tha~ it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, fufrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned (R-8) Medium Density Residential, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity ofthe proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (pP-02-01O) 2 for the proposed development. 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration oftms approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION, A PORTION OF THE SW 14 OF SECTION 31, TAN., R.IE, BM., ADA COUNTY, IDAHO, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, REVISION LAST DATE: 10/09/02 BY BKB PER CITY COMMENTS, RECEIVED OCT 11 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG DATE: 10/12/01, DWG NO. 10404, SHEET 1 OF 1 PRE-I, \10404-PRE.DWG BKB, OWNERS: DA VID N. BAYLESS AND G. L. VOIGT DEVELOPMENT, DEVELOPER: G. L. VOIGT DEVELOPMENT, BRIGGS ENGINEERING, INC.". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (pP-02-010) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat ofthe applicant as evidenced by "PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION, A PORTION OF THE SW 14 OF SECTION 31, TAN., R.IE, BM., ADA COUNTY, IDAHO, PRELIMINARY DESIGN ONLY NOT APPROVED FOR CONSTRUCTION, REVISION LAST DATE: 10/09/02 BY BKB PER CITY COMMENTS, RECEIVED OCT 11 2002 CITY OF MERIDIAN CITY CLERK OFFICE, DWG DATE: 10/12/01, DWG NO. 10404, SHEET 1 OF 1 PRE-I, \10404-PRE.DWG BKB, OWNERS: DAVID N. BAYLESS AND G. L. VOIGT DEVELOPMENT, DEVELOPER: G. L. VOIGT DEVELOPMENT, BRIGGS ENGINEERING, INC.", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: Site Specific Comments 1. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. The Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties (Stub streets, and N. Meridian Road). 2. Underground year-round pressurized irrigation must be provided to all lots within this development. If the pressurized irrigation system within this development is to become a private homeowner's association system, complete plans and specifications shall be reviewed by the Public Works Department as part ofthe development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems by supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (PP-02-0l 0) 4 available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian city Engineer. 3. A detailed fencing plan shall be submitted upon application of the final plat. Fencing adjacent to the micro-path shall be constructed by the developer, in accordance with the Landscape Ordinance (MCC 12-13-15-9). A solid fence shall be required around the perimeter of the subdivision unless the city agrees in writing that such a fence is not required. 4. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 5. The following additions and/or revisions have been made to the preliminary plat notes: (11.) . ..public utility, drainage and irrigation easement adjacent to all side lot lines inside this subdivision '.vhich do not front n public street. (12.) Unless otherwise designated or dimensioned. all lots shall have a ten (0) foot public utilities. drainage. and irrigation easement adjacent to all rear lot lines. (13.) Lot 5. Block 4 shall be a common area lot for a pedestrian micro-path, to be owned and maintained by the Sundance Place Subdivision Homeowner's Association. Said lot shall also be for the purpose of a sanitary sewer main corridor with a blanket easement to the City of Meridian. (14.) All fencing adjacent to the pathway system and internal open- space/drainage lots shall be limited to four-feet (4') in height if constructed of a solid. sight obscuring material. (15.) Direct lot access to Meridian Road shall be prohibited unless specifically permitted by ACHD and the City of Meridian. (16.) Any re-subdivision ofthis plat shall be in compliance with the most recently approved subdivision standards of the City of Meridian. (17.) A not shall be added to the plat stating that this subdivision is subject to the terms of the Right to Farm Act pertaining to adjacent agricultural parcels. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (pP-02-010) 5 6. Eliminate plat note number 9 from the face ofthe plat and re-number remaining notes accordingly. 7. The plat has been revised to show the proposed Quenzer Commons Subdivision (Heritage Commons) on the east side of the proposed Subdivision. 8. The Applicant has provided a phasing plan for the subdivision project. 9. Any drainage areas (detention! retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 10. A pedestrian pathway has been added to the plat showing Block 5 in the area of Lots 28 and 35. 11. IfphasiI\g ofthis project should cause development ofthe eastern portions ofthe project before the proposed stub streets are connected, a second access road shall be provided by the Developer for emergency purposes. Such contingent emergency access road shall be placed over the existing sewer easement at Block 4, Lot 5 with surfacing of such road to be approved by Meridian Fire Department. 12. Provide a 10 foot Settlers Irrigation easement along the south side of those lots which adjoin the relocated and piped Parkins-Nourse Lateral. General Comments 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 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. Two-hundred, and 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. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (PP-02-01 0) 6 intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval L Dedicate 35 feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct approximately 730 feet of 5 foot wide detached concrete sidewalk on Meridian Road located 2 feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Construct Ashton Street from Meridian Road to Lezana Avenue as a residential collector street with no front-on housing in alignment with Ashton Lane. District policy requires that this street segment be constructed as a 36 foot street section with curb, gutter, and 5 foot wide concrete sidewalks within 50 feet of right- of- way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 4. Unless otherwise approved by District staff, construct Lezana Avenue, Cornell Street, Etta Way, Lewiston Avenue, Alester Street, Longabaugh Avenue, Pescado avenue, Weston Avenue, Cape Cod Way and the segments of Ashton Street that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (PP-02-0l0) 7 are east ofLezana Avenue as local roadways with a 36 foot street section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way as proposed. 5. Streets within the subdivision shall align or offset a minimum of 125 feet from any proposed public street. 6. The residential turnarounds should be constructed to provide a minimum turning radius of 45 feet. The Applicant should also be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. 7. Construct a stub street to the property to the north, Etta Way, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 8. Construct a stub street to the property to the north, Pescado A venue, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to the property to the east, Ashton Street, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 10. Connect to the existing stub street that was approved with the Sundance Subdivision (located to the south ofthis site) as proposed. The street, Lewiston Avenue, shall be extended into this site. 11. Construct a center turn lane on Meridian Road for the main entrance intersection. The turn lane should be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 12. Construct a right hand deceleration lane on Meridian Road for the main entrance intersection. Coordinate the design and construction of the lane with District staff. 13. All landscape islands/ medians within the public right-of-way dedicated by this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (PP-02-0l0) 8 plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 14. If the Highway District establishes an extraordinary impact fee area for the North Meridian Area, Sundance Place Subdivision may be subject to an extraordinary impact fee. 15. No direct lot access to Meridian Road is proposed and none is approved with this application. Direct lot or parcel access to Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any exi~ting irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 ofIdaho 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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (pP-02-010) 9 Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant ofthe 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 ofthe property which is the subject ofthis 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. Final Approval of fire hydrant locations shall be by the Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2A of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards with a minimum FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (PP-02-01O) 10 street width of36'. 8. A 20' wide second means of access shall be provided on Block 7 or Block 5. D. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 931-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Settler's Irrigation District as follows: 1. The applicant shall comply with the requirements set forth by Settler's Irrigation District. 2. A license agreement needs to be signed and recorded prior to construction. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action ofthe City Council taken at their October 22, 2002 meeting as follows: 1. Since ACHD has changed their condition from their standard 48 feet of right-of- way dedication to 35 feet, the applicant shall provide additionallandscaping on the remaining 13 feet on Meridian Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (pP-02-010) 11 2. The applicant shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer! ACHD Group. Therefore, the Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 3. The applicant shall provide detailed fencing plans, and shall address the concern of the adjacent neighbor, Vernelda Meyer, pertaining to the six foot fencing being consistent with the her other property boundary six foot fencing. By action of the City Council at its regular meeting held on the day of fII ov ~ber , 2002. je, ih.- ROLL CALL' COUNCILMAN BIRD VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED~ BY~b~~ City Clerk ' MAYOR ROBERT D. C,9-,~ (TIE BREAKER) ~ Copy served upon Applicant, The Planning and Zoning Department, Public Works 11111 \\\\11 1111/ Department and City Attorney. ",,\\~~ Of Ml::./i';""'1 ", :\..... IDI: -'/..- :f (} c,oP-pofYt h 111-- \- :: ~ ~ ~ Dated: II--t b.-tJ4 1 VOTED .,- Z:\Work\M\Meridian\Meridian ] 53GOM\Sundance Place Sub AZ02-016 PP02-010\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SUNDANCE PLACE SUBDIVISION / (pP-02-010) 12 BEFORE THE MERIDIAN CITY COUNCIL C/C 10-22-02 Revised 11/26/02 IN THE MATTER OF THE ) APPLICATION OF G. L. VOIGT ) DEVELOPMENT, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 42.72 ACRES IN ) AN R-8 ZONE FOR THE ) PROPOSED SUNDANCE PLACE ) SUBDIVISION, LOCATED ON THE ) EAST SIDE OF MERIDIAN ROAD, ) Yi MILE NORTH OF USTICK ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-02-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 22,2002, at the hour of7:00 p.m., and Brad Hawkins-Clark ofthe Planning and Zoning Department, and Becky Bowcutt, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 2. The 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, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDNISION (AZ-02-0 16) 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 42.72 acres in size, is located on the east side of Meridian Road, Y2 mile north of Us tick Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are G. L. Voigt Development, 1908 Jennie Lee Drive, Idaho Falls, Idaho 83404 and David Bayless, 3860 N. Meridian Road, Meridian, Idaho; and the applicant is G. L. Voigt Development. 5. The property is presently zoned by Ada County as RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 144 building lots and 5 other lots, including two open-space drainage lots. a micro-path lot, and landscape lots adjacent to Meridian Road, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 7. The subject property is bordered to the north by rural residential land, to the south by Sundance Subdivision, to the east by the proposed Heritage Commons Subdivision, and to the west by Cedar Springs. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council recognizes the concerns of Joint School District No.2 expressed in their letter of July 24, 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDNISION (AZ-02-0 16) 10. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project 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. B. Adopt the Recommendations ofthe ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 35 feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct approximately 730 feet of 5 foot wide detached concrete sidewalk on Meridian Road located 2 feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387- 3271 for guidelines. 3. Construct Ashton Street from Meridian Road to Lezana Avenue as a residential collector street with no front-on housing in alignment with Ashton Lane. District policy requires that this street segment be constructed as a 36 foot street section with curb, gutter, and 5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0 16) foot wide concrete sidewalks within 50 feet of right-of-way. Parking shall be prohibited on this street segment. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 4. Unless otherwise approved by District staff, construct Lezana Avenue, Cornell Street, Etta Way, Lewiston Avenue, Alester Street, Longabaugh Avenue, Pescado avenue, Weston Avenue, Cape Cod Way and the segments of Ashton Street that are east of Lezana Avenue as local roadways with a 36 foot street section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way as proposed. 5. Streets within the subdivision shall align or offset a minimum of 125 feet from any proposed public street. 6. The residential turnarounds should be constructed to provide a minimum turning radius of 45 feet. The Applicant should also be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. 7. Construct a stub street to the property to the north, Etta Way, as proposed and install a sign at the terminus of the roadway stating that, "THlS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 8. Construct a stub street to the property to the north, Pescado Avenue, as proposed and install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE," Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to the property to the east, Ashton Street, as proposed and install a sign at the terminus ofthe roadway stating that, "THlS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 10. Connect to the existing stub street that was approved with the Sundance Subdivision (located to the south of this site) as proposed. The street, Lewiston Avenue, shall be extended into this site. 11. Construct a center turn lane on Meridian Road for the main entrance intersection. The turn lane should be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 12. Construct a right hand deceleration lane on Meridian Road for the main entrance intersection. Coordinate the design and construction of the lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 13. All landscape islands/ medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 14, If the Highway District establishes an extraordinary impact fee area for the North Meridian Area, Sundance Place Subdivision may be subject to an extraordinary impact fee. 15. No direct lot access to Meridian Road is proposed and none is approved with this application. Direct lot or parcel access to Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16, Comply with all Standard Conditions of Approval. Standard Conditions of Approval L Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 ofIdaho 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 is required prior to building construction in accordance with Ordinance # 19 5, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0 16) 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way, Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD, The Applicant shall be required to call DrGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way, The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the Applicant of 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 ~fthe 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality, 4. Final Approval of fire hydrant locations shall be by the Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. 8. A 20' wide second means of access shall be provided on Block 7 or Block 5. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0 16) follows: 1. The District requires that a Land Use Change/ Site application be filed. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 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. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. The applicant shall comply with the requirements set forth by Settler's Irrigation District. 2. A license agreement needs to be signed and recorded prior to construction. F. Adopt the action.ofthe City Council taken at their November 19, 2002 meeting as follows: 1. Any drainage areas (detention! retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period oftime not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 2. Provide a 10 foot Settlers Irrigation easement along the south side of those lots which adjoin the relocated and piped Parkins-Nourse Lateral. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character ofthe general vicinity, in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning ofthe subject real property as Medium Density Residential (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies ofthe Comprehensive Plan ofthe City as follows: Goals Goal 4, Goal 8 Economic Development Chapter 3.1U,3.2U Land Use Chapter 2.1U Transportation Chapter 1. 19U, 1.14 15. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan (93') and Generalized Land Use Map, which designates the land to be "Single Family Residential". 16. It is not anticipated the subject property would be rezoned in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 17. It is found that the proposed subdivision would be allowed within the requested R-8 zone. 18. Surrounding properties include rural residential properties and residential subdivisions. It is found that the requested zoning designation ofR-8 is harmonious with the existing and planned adjacent developments. 19. It is found that the proposed uses (detached single family residential) will not change the existing or intended character of the area. 20. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 21. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. 22. It is that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 23. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 24. It is found that the subdivision's vehicular approach off of Meridian Road will create new interference with the existing traffic on Meridian Road, however, it is not believed that the subdivision entrance will cause significant interference on the surrounding public streets. 25. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) are removed shall be mitigated for, per the Landscape Ordinance. 26. It is found that the annexation of this property would be in the best interest of the City. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Goal 4, Goal 8 Economic Development Chapter 3.1U,3.2U Land Use Chapter 2.lU FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0 16) Transportation Chapter 1. 19U, 1.14 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: R-8 Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion oflarge homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems ofthe City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance ofthe City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City, DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0 16) 1. The applicant's request for annexation and zoning of approximately 42.72 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 42. 72 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of ldaho, and shall conform to all the provisions ofthe City of Meridian Resolution No. 158, The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1, Remove any existing domestic wells and/or septic systems within this project 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. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 35 feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of a warranty deed, The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0 16) fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct approximately 730 feet of 5 foot wide detached concrete sidewalk on Meridian Road located 2 feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387- 3271 for guidelines, 3. Construct Ashton Street from Meridian Road to Lezana Avenue as a residential collector street with no front-on housing in alignment with Ashton Lane. District policy requires that this street segment be constructed as a 36 foot street section with curb, gutter, and 5 foot wide concrete sidewalks within 50 feet of right-of-way, Parking shall be prohibited on this street se~ent. Coordinate the signage plan with District staff. The access restrictions for this street segment should be stated on the final plat. 4. Unless otherwise approved by District staff, construct Lezana Avenue, Cornell Street, Etta Way, Lewiston Avenue, Alester Street, Longabaugh Avenue, Pescado avenue, Weston Avenue, Cape Cod Way and the segments of Ashton Street that are east of Lezana Avenue as local roadways with a 36 foot street section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way as proposed. 5. Streets within the subdivision shall align or offset a minimum of 125 feet from any proposed public street. 6. The residential turnarounds should be constructed to provide a minimum turning radius of 45 feet. The Applicant should also be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. 7, Construct a stub street to the property to the north, Etta Way, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 8. Construct a stub street to the property to the north, Pescado Avenue, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0 16) 9. Construct a stub street to the property to the east, Ashton Street, as proposed and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street with District staff. 10. Connect to the existing stub street that was approved with the Sundance Subdivision (located to the south of this site) as proposed, The street, Lewiston Avenue, shall be extended into this site. II. Construct a center turn lane on Meridian Road for the main entrance intersection. The turn lane should be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lanes with District staff. 12. Construct a right hand deceleration lane on Meridian Road for the main entrance intersection. Coordinate the design and construction of the lane with District staff. 13. All landscape islands/ medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 14. If the Highway District establishes an extraordinary impact fee area for the North Meridian Area, Sundance Place Subdivision may be subject to an extraordinary impact fee. 15. No direct lot access to Meridian Road is proposed and none is approved with this application. Direct lot or parcel access to Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way, 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District Contact Construction Services at 387-6280 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 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 ofIdaho 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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative ofthe 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 3, Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 4. Pinal Approval of fire hydrant locations shall be by the Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. msure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. 8. A 20' wide second means of access shall be provided on Block 7 or Block 5. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The District requires that a Land Use Change/ Site application be filed, 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 931- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. The applicant shall comply with the requirements set forth by Settler's Irrigation District. 2. A license agreement needs to be signed and recorded prior to construction, F. Adopt the action ofthe City Council taken at their November 19,2002 meeting as follows: 2. Any drainage areas (detention! retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours, Side slopes within drainage areas shall not exceed 3: 1, 2. Provide a 10 foot Settlers Irrigation easement along the south side of those lots which adjoin the relocated and piped Parkins-Nourse Lateral. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-016) 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions ofthe annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date ofthis decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Jq -t~ day of tV ev&Yv1bvu , 2002. ROLLCALL COUNCILMAN KEITH Bnm VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDIVISION (AZ-02-0 16) COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED:_ll-l q -0'2- MOTION: APPROVE~APPROVED: VOTED~ VOTED Copy served upon Applicant, the Planning and Zoning Department, Public XV;W-k:i>jJ;)r,oartment and . \\\\ 17,/ the CIty Attorney. \\\\\_1 Of MfR/j'\//I// ...,\ ~\' VL <'........ db ~' c} ""o~ '1",. <:. 2 c,o '1~ ~ By: ~~4-~9-Dated: 11~;26-n-! ~ ~ City Clerk :; =: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE PLACE SUBDMSION (AZ-02-016) , . . .. . <, <.' . ~ " ~:: ~ 1 'c f BEFORE THE MERIDIAN CITY COUNCIL C/C 11-06-02 IN THE MATTER OF THE ) REQUEST FOR ANNEXATION ) AND ZONING OF 1.7 ACRES ) FROM RUT TO C-G ZONE FOR ) PROPOSED COMMERCIAL I ) RETAIL BUILDING, LOCATED ON ) THE NORTHEAST CORNER OF ) THE INTERSECTION OF ) FAIRVIEW AVENUE AND ) VENTURE STREET, MERIDIAN, ) IDAHO ) ) BY: JAMES WYLIE, ) ) APPLICANT ) ) Case No. AZ-02-015 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on November 6,2002, at the hour of7:00 o'clock p.m., Brad Hawkins-Clark of the Planning and Zoning Department, James Wylie, Tom Bradford, Linda Duer, William G. Hall, Renn Earl, and Mark Pearson, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 6, 2002, before the City Council, the first publication appearing and written notice having been FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL I JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-015) Page 1 mailed to propelty owners or purchasers of record within three hundred (300') feet of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 6, 2002, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code gg67-6509 and 67-6511, and ggl1-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, Janumy 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 1.7 acres in size and is located on the northeast comer ofthe intersection ofPairview Avenue and Venture Street, Meridian, Idaho. The property is designated as CommerciaL 5. The owner of record ofthe subject property is James R. Wylie, 1676 N. Clarendon Way, Eagle, ill 83616. FJNDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL I JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-0 15) Page 2 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as RUT, and consists of vacant land. 8, The Applicant requests the property be zoned as General Retail and Service Commercial (C-G). 9. The subject property is bordered to the north by a rural residential subdivision zoned RUT, to the south by a cemetery zoned RUT and Wal-Mart zoned C-C, to the east by Petals and Stems zoned C2, and to the west by agricultural land zoned R6. 10. The property which is the subject of this application is within the Area of Impact ofthe City of Meridian, and the entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: Construction of a single commerciaVretail building. 12. The Applicant requests zoning of the subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 13. The Meridian City Council recognizes and takes notice of the concerns of neighboring property owners, Mr. and Mrs. Dean L. Ellis, expressed by their letter dated October 30,2002, and Linda Duer and Thomas Snyder in their letter dated October 3, 2002. 14. There are no significant or scenic features of major importance that affect the consideration oftms application. 15. There are presently no curb cuts off the subject property to the south right onto FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL I JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-0 15) Page 3 Fairview, and either the street would have to access onto Venture or to the east, and presently would cause traffic concerns. Additionally, the intersection at Venture onto Fairview is already causing traffic problems. 16. Since the Applicant has not presented a Plan for development ofthe subject propeliy there are concerns about what future development will be built. 17. The proposed development could pose concerns in regards to noise, odor, litter, and the potential impact to surrounding neighbors. 18. It is found to not be in the best interests of the City of Meridian to annex the subject property, at this time, since there is no specific development proposal. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said propeliy lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Plalming Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER OF DENIAL I JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-0 15) Page 4 4. The requested zoning of General Retail and Service Commercial (C-G), is defined in the Zoning Ordinance at 11-7-2 K. as follows: (C-G) Gene.-al Retail and Service Comme.-cial District: The purpose ofthe C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review ofthe impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems ofthe City, and shall not constitute strip commercial development and encourage clustering of commercial development 5. That in S 11-2-417 A it provides in pmi that: "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said mmexation is in accord with this Ordinance and the Comprehensive Plan." 6. Idaho Code S 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 7. Idaho Code S 67-6512 (a) provides the authority to grant special and/or conditional use permits" . . . . when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 8. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII S 2 ofthe Constitution ofthe FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL I JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-0 15) Page 5 State ofIdaho. 9. The provisions ofLC. S 50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1) That the application for annexation is denied for the following reasons; a. The concerns of neighboring property owners expressed by mail and in person have been recognized. b. No definitive plan has been submitted which indicates exactly how the property would be developed. Without definite plans, the City is unable to gauge what impact the annexation would have on neighboring properties, traffic on the existing roadways, etc. c. Traffic to the subj ect property and surrounding property owners has not been addressed. d. The proposed development could pose concerns in regards to noise, odor, litter, and the potential impact to surrounding neighbors. e. The City Council determined, at their November 6, 2002 meeting, that the atmexation of the property is not in the best interest of the City of Meridian at this time. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL I JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-0 15) Page 6 Pursuant to ldaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the annexation and zoning 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. / aI-A., By action of the City Council at its regular meeting held on the I Vf - day of ;VtJvel')/V6?v ,2002. ROLL CALL: COUNCILMAN BIRD VOTED tjc ~G v VOTED ~~'L VOTED ~.VG VOTED ~c~ --- VOTED COUNCILWOMANdeWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MA YOR ROBERT D. CORRIE (TIE BREAKER) 11~/r--tJ~ DATED: MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJl~~~fl City Clerk Dated: - ... ... Z:\Work\M\Meridian\Meridian 1 5360M\Wylie James AZ02-015 Denial\FFCLOrdAZ02-015DENIAL.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL I JAMES WYLIE REQUEST FOR RUT TO C-G (AZ-02-0 15) Page 7 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SILVERSTONE SUBDIVISION NO.3, LOCATED ON THE SOUTHEAST CORNER OF EAST OVERLAND ROAD AND SOUTH EAGLE ROAD, MERIDIAN, IDAHO BY: SUNDANCE INVESTMENTS, APPLICANT C/C 11/06/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on November 6, 2002, and Brad Hawkins-Clark, Interim PJamling Director, for the Planning and Zoning Department, and Ryan Anderson, appeared and testified, and the City Council having received a repOlt from David McKinnon ofthe Plmming and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIIvIINARY PLAT OF SLIVERSTONE SUBDIVISION NO.3, A RESUBDIVISION OF LOTS 2, 3, 6 & 7 AND PORTIONS OF LOTS 8, 10 & 11, BLOCK 1, SILVERSTONE SUBD., LYING IN THE NW 1/4, NW 1/4, SECTION 21, T.3N., R.IB., RM., MERIDIAN, ADA COUNTY, IDAHO 2002, DWG\2493-PRE, DRAFT: jdd, DATE: JULY, 2002, HANDWRITTEN DATE: 7/15/02, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO. 3 ~ (PP-02-0 17) 1 PROJECT NO.: 2493, TEALEY'S LAND SURVEYING," Sundance Investments submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in confonnance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned (C-C) Community Business District, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 I] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is detetmined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONALAPPROVALOF-PRELIMINAR-Y_PLAT SILVERSTONE SUBDMSION NO.3 - (pP-02-0 17) 2 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval ofthe preliminary plat as hereinafter set f01111. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT OF SLIVERS TONE SUBDIVISION NO.3, A RESUEDIVISION OF LOTS 2, 3,6 & 7 AND PORTIONS OF LOTS 8,10 & 11, BLOCK 1, SILVERSTONE SUED., LYING IN THE NW 1/4, NW 1/4, SECTION 21, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, DWG\2493-PRE, DRAFT: jdd, DATE: WLY, 2002, HANDWRITTEN DATE: 7/15/02, PROJECT NO.: 2493, TEALEY'S LAND SURVEYING". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9- 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT OF SLIVERSTONE SUBDIVISION NO.3, A RESUBDIVISION OF LOTS 2, 3, 6 & 7 AND PORTIONS OF LOTS 8, 10& 11, BLOCK 1, SILVERSTONE SUED., LYING IN THE NW 1/4, NW 1/4, SECTION 21, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDnIONALAPPROVALOF-P~RELIMWAR-Y_PLAT SILVERSTONE SUBDMSION NO.3 - (PP-02-017) 3 DWG\2493-PRE, DRAFT: jdd, DATE: JULY, 2002, HANDWRITTEN DATE: 7/15/02, PROJECT NO.: 2493, TEALEY'S LAND SURVEYING", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements I. Revise the preliminary plat map to show all existing sanitary sewer and water mains and services, and any proposed new mains or services to each lot. 2. Show the proposed private drive that runs adjacent to the north boundary ofthis subject site. 3. Add a note to the preliminary plat that explains the shared/cross access easement situation for the lots. General Requirements 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two hundred fifty and 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. 5. Underground, year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hookup and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF - CONDITIONAL !-\.,EPROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (pP-02-0 17) 4 a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Driveways on Silverstone Way shall be located a minimum distance of 175 feet from Eagle Road. and shall align or offset a minimum of 125 feet from any existing or proposed driveways. Pave all driveways to a maximum width of35 feet and at least 30 feet into the site beyond the edge of pavement of Silverstone Way and install pavement tapers with 15 foot curb radii abutting the existing roadway edge. 2. The following access points on Eagle Road are approved with this application: · A driveway located on Eagle Road approximately 440 feet south of Overland Road is approved with this application. · A driveway located on Eagle Road approximately 1,150 feet south of Overland Road (approximately 690 feet south of the northern driveway) is approved with this application. Both driveways shall be paved a maximum width of35 feet and at least 30 feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with 15 foot radii abutting the existing roadway edge. 3. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Silverstone Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way, 2. All uti lity 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 dming the constmction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF - CONDITIONAL ME-ROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDNISIONNO. 3 - (pP-02-017) 5 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 aU applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho 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 app licable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance # 195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe Applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. 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 const11lction. 10. No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF - CONDITIONAL AEP-ROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (PP-02-017) 6 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire-flow as required by the Uniform Fire Code shall be available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Unifonn Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. No vertical obstructions or mature landscaping which obstructs the outlets ofthe fire hydrant within 10' shall be permitted. 9. All building uses and processes are to comply with the fire code in effect at the time of construction. D. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF - CONDITIONAL APPROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (pP-02-017) 7 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. By ,~ n of tbe 9ty Coune; I at its regular meeting beld on tbe L 1'-t& day of ~el'J'v~ ,2002. ROLL CALL COUNCILMAN BIRD VOTED$c...... VOTED~~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY VOTED~ - ~ ~~OR ROBERT D. CORRIE. _7lT~BREAKER) !1-1'1~tJ2-- Copy served upon Applicant, The Planning and Zoning Department, Public Works ,,\1\1lIH/f111 Department and City Attorney. ,,'\\\\~ Of MEFf;;:'f/"II// " :-<.. 1.,..14. ~ ~ /' c} oT\PotL11:; '/j; ~~ ~() /)"....' .;:.0 <"0 '" By: ~p, r Dated: /1--~-tJ2--f" ~ City Clerk - ~ VOTED Z:\ Work\M\Meridian\Meridian 1 5360M\Silverstone Sub No 3 PP02-01 7\FfClsOrdPP .doe FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF - CONDITIONAL AEEROVAL OF PRELIMINARY PLAT SILVERSTONE SUBDIVISION NO.3 - (PP-02-0 17) 8 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/06/02 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR TULLY COVE ) SUBDIVISION, LOCATED ON THE ) WEST SIDE OF LINDER ROAD, ) APPROXIMA TEL Y ~ MILE ) NORTH OF CHERRY LANE, ) MERIDIAN, IDAHO ) ) BY: TED MASON, ) ) APPLICANT ) ) Case No. PP-02-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on November 6,2002, and Brad Hawkins-Clark of the Planning and Zoning Department, Ted Mason and Lance Wamick, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ill, and the City Council having received as part of the record ofthis matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT SHOWING TULLY COVE SUBDIVISION, A PROPOSED RESIDENTIAL SUBDIVISION LOCATED IN A PORTION OF THE SE 14 OF THE NE ~ SECTION 2, T3N, Rl W, B.M., MERIDIAN, ADA COUNTY, IDAHO, TITLE: TULLY COVE SUBDIVISION PRELIMINARY PLAT, REV. C, DESlGNED BY: LBW, DRAWN BY: DLP, CHECKED BY: ALS, SHEET PI OF 1, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDMSION I (PP-02-018) 1 DRAWING # 1388-02, RECEIVED OCT 212002 CITY OF MERIDIAN CITY CLERK OFFICE, HANDWRITTEN DATE: 10/1612002, OWNERlDEVELOPER: TED MASON, TREASURE VALLEY ENGINEERS, INC. - CIVIL/STRUCTURAL ENGINEERING", Ted Mason submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT I. That the I?roposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned (R-8) Medium Density Residential, and requires cOill1ection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 D] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Teclmician ITl and as proposed by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDIVISION / (pP-02-0 18) 2 as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council ofthe Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING TULLY COVE SUBDIVISION, A PROPOSED RESIDENTIAL SUBDIVISION LOCATED IN A PORTION OF THE SE 'l4 OF THE NE 'l4 SECTION 2, T3N, Rl W, B.M., MERIDIAN, ADA COUNTY, IDAHO, TITLE: TULLY COVE SUBDIVISION PRELIMINARY PLAT, REV. C, DESIGNED BY: LBW, DRAWN BY: DLP, CHECKED BY: ALS, SHEET PI OF 1, DRAWING # 1388- 02, RECEIVED OCT 21 2002 CITY OF MERIDIAN CITY CLERK OFFICE, HANDWRITTEN DATE: 10/1612002, OWNERlDEVELOPER: TED MASON, TREASURE VALLEY ENGINEERS, INC. - CIVIL/STRUCTURAL ENGINEERING". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code 9 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDIVISION / (PP-02-018) 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SHOWING TULLY COVE SUBDIVISION, A PROPOSED RESIDENTIAL SUBDIVISION LOCATED IN A PORTION OF THE SE 14 OF THE NE 14 SECTION 2, T3N, Rl W, B.M., MERIDIAN, ADA COUNTY, IDAHO, TITLE: TULLY COVE SUBDIVISION PRELIMINARY PLAT, REV. C, DESIGNED BY: LBW, DRAWN BY: DLP, CHECKED BY: ALS, SHEET PI OF 1, DRAWING # 1388-02, RECEIVED OCT 212002 CITY OF MERIDIAN CITY CLERK OFFICE, HANDWRITTEN DATE: 10/16/2002, OWNERlDEVELOPER: TED MASON, TREASURE VALLEY ENGINEERS, INC. - CIVIL/STRUCTURAL ENGINEERING", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments 1. Sanitary sewer and water service to this site shall be via main line extensions from the existing mains adjacent to the property. 2. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District, however the preliminary plat map doesn't indicate the source. Revise the plat to show how the system is going to be served (i.e. connection to Turtle Creek Subdivision's system, or independent pumping facilities). Underground year- round pressurized irrigation shall be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TOLLY COVE SUBDIVISION 1 (PP-02-0 18) 4 signature on the final plat by the Meridian City Engineer. 3. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence shall be required around the perimeter ofthe subdivision unless the City agrees in writing that such a fence is not required. The fencing within the landscape buffer shall be removed. 4. 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 sham not be considered as replacement trees for those trees that have to be removed. 5. Add or revise the following preliminary plat notes: (13.) Direct lot access to Linder Road shall be prohibited unless specifically permitted by ACHD and the City of Meridian. (14.) Any re-subdivision of this plat shall be in compliance with the most recently approved subdivision standards of the City of Meridian. 6. Submit the final groundwater/soils report to the Public Works Department for review. Any drainage areas (detention/retention basins) shall be designed to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 7. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application. 8. The preliminary plat doesn't show the lot frontage dimensions. Revise to show frontages per the "Minimum Yard Setback Requirements" of Meridian City Code 11-9-1. 9. Show the FEMA flood plain boundaries on the preliminary plat map, or make reference to any FEMA letters of map revisions that may exist. 10. A revised preliminary plat, reflecting all required changes, shall be submitted. 11. The final plat shall clearly specify that Settler's Irrigation District is the holder of an access easement across lots 11 and 12 for maintenance of a canal beneath these lots. Such easement shall be marked on the lots themselves on the final plat to serve as notice to potential buyers. General Comments FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDIVISION / (pP-02-0 18) 5 L Submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-hundred, and one-hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. 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. The ditches to be piped shall be shown on the site plans. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I. Dedicate 45 feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Provide a $11,200.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing 5 foot wide concrete sidewalk on Linder Road abutting the parcel (approximately 560 feet) prior to the issuance of a building permit, or District approval of a final plat, whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDIVISION I (pP-02-018) 6 3. Unless otherwise approved by District staff, construct Lonesome Dove Street, from the west property line to Blue Springs Avenue, Tully Cove Way, Blue Springs Court, and Blue Springs Avenue as local roadways with a 36 foot street section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of- way as proposed. 4. Except for the intersection of Rain crest Drive and Lonesome Dove street, which may be constructed with approximately 107 feet between centerlines, all local streets within the subdivision shall align or offset a minimum of 125 feet from any proposed public street (centerline to centerline). 5. The residential turnarounds should be constructed to provide a minimum turning radius of 45 feet. The Applicant should also be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 50 feet of right-of-way plus the additional width of the median. 6. Connect to the existing stub street that was approved with the Turtle Creek Subdivision (located on the south side of this site) as proposed. The street, Lonesome Dove Street, shall be extended into this site. Coordinate the design and construction of any bulb-outs in Lonesome Dove Street with District staff. 7. Close the existing driveway on Linder Road, located approximately 140 feet north ofthe south property line, with landscaping, benning, temporary cubing, or other ACHD approved method to prohibit access to the driveway. 8. All landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 9. If the Highway District establishes an extraordinary impact fee area for the North Meridian Area, Tully Cove Subdivision may be subject to an extraordinary impact fee. 10. No direct lot access to Linder Road is proposed and none is approved with this application. Direct lot or parcel access to Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELThJINARYPLAT TULLY COVE SUBDIVISION 1 (pP-02-018) 7 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 bome 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 year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDIVISION 1 (pP-02-018) 8 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 waiverl 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. The streets with the 29' street section shall have parking restricted to one side. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Set the nose of the landscape island at Tully Cove Way and Blue Springs Dr. back 15' to the southwest to enable longer wheelbase vehicles to negotiate the turn. Post no parking in front of Block 1 Lot 19 & 20. 8. Establish a "No Parking Zone" on Blue Springs Court in front of Block 1 Lots 8, 9, 10, 11, 12, 13, 14, and 15 to enable longer wheelbase vehicles to negotiate the court. D. Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. 2. All laterals and waste ways must be protected and all municipal surface drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDIVISION 1 (PP-02-018) 9 must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with ldaho Code 931-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of Settler's Irrigation District as follows: 1. The Settlers Canal is currently tiled along the northern boundary of the property. The tile and easement must be protected. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the ldaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Recommendations of the Sanitary Service as follows: 1. The application is approved for publicly maintained curbside street collection only. Sanitary Service trucks cannot do collection onto private drives or lanes. 2. Please provide curbside residential collection for lots with two (2) dwellings. By action of the City Council at its regular meeting held on the /q-/A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDIVISION 1 (pP-02-018) 10 day of ;t/ot/e f)",~ , 2002. ROLL CALL COUNCILMAN BIRD VOTED$Pv VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ VOTED~ COUNCILMAN NARY MAYORROBERTD.CORRIE VOTED r (TIE BREAKER) II-If /'tJ Z- ~~ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. \'\\\\\O\lfUl~~~~~.II'1 ~, ~ ".--rr//"l- I,.,. ...\::' ~ '\ "-VAt "~ ~ () no. "lA. ~ $' .cpfW.....",h.Y ~ ~ ~ ('0 -;. Dated: 1(- ;2fJ-O 2-ff ~ BY~~~~ ity Clerk - - - z:\ Work\M\Meridian\Meridian 15360M\Tully Cove Sub AZ02-021 PP02.Q 18\FfCls0rdPP .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT TULLY COVE SUBDMSION 1 (pP-02-018) 11 BEFORE THE MERIDIAN CITY COUNCIL C/C 11-06-02 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 5.26 ACRES AND ) REZONE OF 2.40 ACRES FOR ) PROPOSED TULLY COVE ) SUBDIVISION, LOCATED WEST ) OF NORTH LINDER ROAD ) APPROXIMATELY 'li MILE ) NORTH OF CHERRY LANE, ) MERIDIAN, IDAHO ) ) TED MASON, ) APPLICANT ) Case No. AZ-02-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 6, 2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, Ted Mason, and Lance Warnick, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9~ 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/PROPOSED TULLY COVE SUBDIVISION (AZ-02-021) and the Comprehensive Plan ofthe City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject ofthe application for annexation and zoning is described in the application, and is approximately 5.26 acres in size (annexation) and 2.40 acres (rezone), and is located west of North Linder Road approximately 12 mile north of Cherry Lane, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are Robert and Alinda Rainford, PO Box 45233, Boise ill 83711; and the applicant is Ted Mason, 4915 Camas St., Boise, ill 83705. 5. The property is presently zoned by Ada County as RUT (south) and R-4 (north) and consists of vacant land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 39 building lots (thirty-six (36) attached single family lots and three (3) detached single family lots) and 10 other lots, including two (2) open-space/park lots and eight (8) landscape lots adjacent to public right-of-way, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 7. The subject property is bordered to the north and west by Turtle Creek Subdivision, to the south by Glenfield Manor Subdivision, and to the east by Tully Park. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The City Council recognizes the concerns of Joint School District No.2 in their letter of August 12,2002, and the letter of concern from Ron Mahan received by the Mayor's FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) office on November 4, 2002. 10. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project 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. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 45 feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Provide a $11,200.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing 5 foot wide concrete sidewalk on Linder Road abutting the parcel (approximately 560 feet) prior to the issuance of a building permit, or District approval of a final plat, whichever occurs first. 3. Unless otherwise approved by District staff, construct Lonesome Dove Street, from the west property line to Blue Springs Avenue, Tully Cove Way, Blue Springs Court, and Blue Springs Avenue as local roadways with a 36 foot street section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/PROPOSED TULLY COVE SUBDIVISION (AZ-02-021) 4. Except for the intersection of Raincrest Drive and Lonesome Dove street, which maybe constructed with approximately 107 feet between centerlines, all local streets within the subdivision shall align or offset a minimum of 125 feet from any proposed public street ( centerline to centerline). 5. The residential turnarounds should be constructed to provide a minimum turning radius of 45 feet. The Applicant should also be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 50 feet of right-of-way plus the additional width ofthe median. 6. Connect to the existing stub street that was approved with the Turtle Creek Subdivision (located on the south side ofthis site) as proposed. The street, Lonesome Dove Street, shall be extended into this site. Coordinate the design and construction of any bulb-outs in Lonesome Dove Street with District staff. 7. Close the existing driveway on Linder Road, located approximately 140 feet north of the south property lil!e, with landscaping, berming, temporary cubing, or other ACHD approved method to prohibit access to the driveway. 8. All landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 9. If the Highway District establishes an extraordinary impact fee area for the North Meridian Area, Tully Cove Subdivision may be subject to an extraordinary impact fee. 10. No direct lot access to Linder Road is proposed and none is approved with this application. Direct lot or parcel access to Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval L Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, lSPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pelmits), 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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DrGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of 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. 1 1. 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. Please contact Ms. Donna Moore, Assistant Secretary/ Treasurer, at the District's main office at 466-7861. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 931- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. ] 4. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals: Goal 4, Goal 8 Economic Development Chapter: 3.1U,3.2U Land Use Chapter: 2.1U Transportation Chapter: 1. 19U, 1.14 15. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan (93') and Generalized Land Use Map, which designates the land to be "Single-Family Residential". 16. It is not anticipated that the applicant intends to rezone the subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) future. 17. It is found that the proposed single family residential subdivision will be allowed within the requested R-8 zone. 18. SUlTounding properties include residential subdivisions and a City Park. It is found that the requested zoning designation ofR-8 is harmonious with the existing and planned adjacent developments. 19. It is found that the proposed uses (attached and detached single family residential) will not change the existing or intended character of the area which is predominantly residential. 20. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 21. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. 22. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 23. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 24. lt is found that the subdivision's vehicular approach off of Linder Road will create a new interference with the existing traffic on Linder, however, it is believed that the subdivision entrance will cause significant interference on the surrounding public streets. 25. It is found that no natural or scenic features of major importance will be lost or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 26. It is found that the annexation ofthis property would be in the best interest of the City. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals: Goal 4, Goal 8 Economic Development Chapter: 3.1U,3.2U Land Use Chapter: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TrON AND ZONINGIPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) 2.lU Transpoliation Chapter: 1. 19U, 1.14 5. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at S 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion oflarge homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if mmexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance ofthe City of Meridian. 8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDMSION (AZ-02-021) OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The app licant' s request for annexation and zoning of approximately 5,26 acres in size (annexation) and 2.40 acres (rezone) to Medium Density Residential District (R-8) is granted subject to the temlS and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of approximately 5.26 acres in size (annexation) and 2.40 acres (rezone). The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of ldaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wi t: A. Adopt the Recommendations of the Planning and Zoning and Engineering staffas follows: 1. Remove any existing domestic wells and/or septic systems within this project 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. B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 45 feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULL Y COVE SUBDIVISION (AZ-02-021) by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Provide a $11,200.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing 5 foot wide concrete sidewalk on Linder Road abutting the parcel (approximately 560 feet) prior to the issuance of a building permit, or District approval of a final plat, whichever occurs first. 3. Unless otherwise approved by District staff, construct Lonesome Dove Street, from the west property line to Blue Springs Avenue, Tully Cove Way, Blue Springs Court, and Blue Springs Avenue as local roadways with a 36 foot street section with curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way as proposed. 4. Except for the intersection of Rain crest Dlive and Lonesome Dove street, which may be constructed with approximately l07 feet between centerlines, all local streets within the subdivision shall align or offset a minimum of 125 feet from any proposed public street (centerline to centerline). 5. The residential turnarounds should be constructed to provide a minimum turning radius of 45 feet. The Applicant should also be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 50 feet of right-of-way plus the additional width of the median. 6. Connect to the existing stub street that was approved with the Turtle Creek Subdivision (located on the south side ofthis site) as proposed. The street, Lonesome Dove Street, shall be extended into this site, Coordinate the design and construction of any bulb-outs in Lonesome Dove Street with District staff. 7. Close the existing driveway on Linder Road, located approximately 140 feet north ofthe south property line, with landscaping, berming, temporary cubing, or other ACHD approved method to prohibit access to the driveway. 8. All landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 9. lfthe Highway District establishes an extraordinary impact fee area for the North Meridian Area, Tully Cove Subdivision may be subject to an extraordinary impact fee. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGJPROPOSED TOLLY COVE SUBDIVISION (AZ-02-021) 10. No direct lot access to Linder Road is proposed and none is approved with this application. Direct lot or parcel access to Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDNISION (AZ-02-021) 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant ofthe Applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. II.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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site application be filed. Please contact Ms. Donna Moore, Assistant Secretary/ Treasurer, at the District's main office at 466-7861. 2. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans, The developer must comply with Idaho Code g3l- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGJPROPOSED TULLY COVE SUBDMSION (AZ-02-021) 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe application to (R-8) Medium Density Residential, and Meridian City Code S 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body ofthe City of Meridian. Pursuant to Idaho Code S 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial ofthe annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, ldaho Code. By action of the City Council at its regular meeting held on the /] -I/... It( ~ day of ;t/cl/~bv ,2002. ROLL CALL COUNCILWOMAN TAMMY deWEERD VOTED$L VOTED~L/ COUNCILMAN KEITH BIRD COUNCILWOMAN CHERIE Mc CANDLESS VOTED~'- FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 11-('1-{)2- MOTION: APPROVE~SAPPROVED: VOTED~ VOTED - Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and . \\\llllIl/flllll the City Attorney. ,,\\\\\ Of Men 111111/ " ""'~ f flD" "" " ...... "I'.A 'l ~ (j" ..,00.1::1.0 ~1A_-:- ~ CiO~ ''''1h 'I' -:.. ..::- ~ ('.A ~ ~ ~ ~ ~ E ~ BY~;:""'p~,Cf Dated: 11-2tJ-tlZ. City Clerk _ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGJPROPOSED TULLY COVE SUBDIVISION (AZ-02-021) ~ J ... ... BEFORE THE MERIDIAN CITY COUNCIL C/C 11/19/02 IN THE MATTER OF THE ) APPLICATION OF GEM PARK II ) FOR APPROVAL OF FINAL PLAT ) FOR TUSCANY LAKES NO.1) SUBDIVISION, LOCATED SOUTH ) OF VICTORY ROAD AND EAST OF ) SOUTH LOCUST GROVE IN AN R- ) 4 ZONE, MERIDIAN, IDAHO ) ) ) CASE NO. FP-02-023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Pinal Plat approval pursuant to Meridian City Code S 12-3-7 on November 19, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 7 General Requirements and 13 Site Specific Comments/Final Plat, which are herein found fair and reasonable, and that Brad Hawkins-Clark of the Planning and Zoning Department, commented at the hearing, 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 OF TUSCANY LAKES SUBDIVISION NO.1, A PORTION OF THE NW1I4 SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO 2002, 20101 \20101- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES NO. I SUBDIVISION / (FP-02-023) - 1 PLT.DWG BKB 09/20/02, SHEET 1 OF 2, STAMPED DATE: SEP 24 2002, GEM PARK II PARTNERSHIP - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Gem Park II Partnership, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner II for the Planning and Zoning Department, dated November 12, 2002, listing 7 General Requirements and 13 Si~e Specific Comments/Final Plat, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of four pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 The Meridian Fire Department requires the following: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 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 a turn around. 5. All roads shall have a turning radius 0[28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES NO. I SUBDIVISION / (FP-02-023) - 2 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. A minimum of two points of access will be required for any portion of the project, which serves more than 30 homes. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of ldaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the ldaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.3 The Water Department notes the road to the north should be Victory. The 12" main on S. Locust Grove must be extended to the south boundary of this subdivision. 1.4 The Nampa & Meridian lrrigation District requires a Land Use Change/Site application be filed. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES NO.1 SUBDIVISION / (FP-02-023) - 3 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. By action ofthe City Council at its regular meeting held on November 19, 2002. ~_IC\ ~ By: YTfU. __ RO T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Plmming and Zoning Department, Public Works Department, and City Attorney. B~~R~/;' Dated: / / -- 26 --tJ 2- ,\\~\lI1Ulll/l/ \\\\ f AlI~ Ilf ",\ ~(O lj{ICR~ If/f/. ", ::\" . ~ '/// $' c} ri\POR ;tt~ ...... ::::; cP '4 J:.:.-. ~ ~ ~ '0 ~ - - - ~ - - ~ SEAL ::: 0. "Q:i 0 g Us, 18\ . .)',~' ~r)~{ ~ ..~"".;-..... ..-b, ~ .~, ......' .. ~ . \..... ,~ ., ~. i >i " '.\'~ \ Z:\WorklM\Meridian\M.eridian 15360M\fuscanyLake.s No.1 FP 02 023'OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TUSCANY LAKES NO.1 SUBDIVISION / (Fpw02.023) - 4 MAYOR Robert D. Come HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 . Fax 288-250 I crTY COUNCIL MEMBERS Tammy deWeerd Keith Bird Chene McCandless William L.N!. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FA..\: (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUlLDrNG DEPARTMENT (208) 898-5500' Fax 387-1297 PLAi"!NING A.l"lD ZONING DEPARTMENT (208) 884-5533 . FAX 888.6854 MEMORANDUM: Novernberl2,2002 To: Mayor & City Council David McKinnon, Planner II t1A Bruce Freckleton, Senior Engineering Tech ~ Tuscany Lakes Subdivision No.1 RECEIVED NOV 1 4 2002 From: Re: City Of Meridian City Clerk Office -Final Plat Approval of Fift:y-four (54) Building Lots and Seven (7) Other Lots on 24.36 Acres in an R-4 Zone, by Gem Park II (File No. FP-02-02). We have reviewed the above referenced submittals and ofTer the foUowing comments, as conditions of approva:1. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant(s), Gem Park IT, have requested approval of the first phase of Tuscany Lakes Subdivision., consisting of fifty-four (54) building lots and seven (7) other lots on 24.36 acres. This phase of the subdivision has a gross density of2.21du/acre. This phase is located on the east side of Locust Grove, approximately ~ of a mile south of Victory Road. The City Council approved the Preliminary Plat on 8/13/02. This is one of the fITst phases of the multiple-phase Tuscany Lakes Subdivision. LOCATION The property is located on the on the east side of Locust Grove, approximately 'l4 of a mile south of Victory Road, in Section 29, Township 3 North, Range 1 east. SURROUNDING PROPERTIES North: Rural residential land. zoned RUT (Ada County). South: Rural residential land. zoned RUT (Ada County). East: Future Phases of Tuscany Lakes Subdivision, zoned (R-4). West: Rural residential land, zoned RUT (Ada County). PP-m.o24 ~~/b/f /171( loft! Saglwo Canyon Esble5. FP Mayor & City Council November 12, 2002 Page 2 FINAL PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services can be made available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Councilor Commission's attention. SITE SPECIFIC COMMENTS / FlNAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (pP-02-006) and the approved Conditional Use Permit (CUP-02-006). 2. The applicant has indicated that NMID will own the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. FP-m.o24 Ex.h,~h,~fIlAII d~1 Sagu>ro Canyon Esbtes.FP Mayor & City Council November 12, 2002 Page 3 A Fully operational pressurized irrigation system shall be installed for this phase prior to occupancy of any home or building within this phase of development. 3. The proposed Fencing and Landscaping plans (prepared by the Land Group entitled LC, L-l and L-2, dated 9/6/02) are approved as submitted. 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 5. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through thi~ proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department 6. Complete the Certificate of Owners and accompanying Acknowledgment. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 8. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3:1 slope. 9. Revise or Add the following notes to the face of the plat: (11.) Loti: 11 Block 6... Tuscany... (12.) Lots 1 & .g 11 ... and Lot -!-11, Block 6.... 10. Lot 7, Block 1 shall be an non-buildable lot until such time as a permanent secondary access is completed for this phase of the subdivision. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Remove the easement lines that are shown crossing the south end of S. Como Ave. 13. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, does not relieve Applicant of responsibility for compliance. FP-ill.o24 Saguaro Canyon E.tatcs.FP EX-rA,'btf" A" -3 orl Mayor & City Council November 12,2002 Page 4 GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with \\'Titten 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 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty 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. The street light contractor shall 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 building pads receiving engineered backfill, where footing would sit atop fill material. 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. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFFRECO~NDATION Staff recommends approval of the final plat for Tuscany Lakes Subdivision No.1. FP-02-o24 &h:b,'f II f} II if oft! Saguaro Canyon Estatu.FP BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT COMPANY,LLP FOR APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.3, LOCATED EAST OF TEN MILE ROAD, SOUTH OF WEST McMILLAN ROAD IN AN R-4 ZONE, MERIDIAN, IDAHO - C/C 11/19/02 ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. FP-02-025 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 November 19, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon Planner IT for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician ITI, listing 9 General Requirements and 19 Site Specific Requirements, which are herein found fair and reasonable, and that Brad Hawkins-Clark of the Planning and Zoning Department, commented at the hearing, 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 OF BRIDGETOWER CROSSING SUBDIVISION NO. 3, A RESUBDIVISION LOT 13, BLOCK 5, BRIDGETOWER CROSSING ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.3 I (FP-02-025) - 1 SUBDIVISION NO. 2, AND A PORTION OF SECTION 35, TAN., R.IW., B.M., :MERIDIAN, ADA COUNTY, IDAHO 2002, 20602 \20602-PL T -DWG BKB 10/14/02, HANDWRITTEN DATE: 10/15/02, STAMP DATE: OCT 16 2002, SHEET 1 OF 3, PR.Th1ELAND DEVELOP:rvfENT CO., LLP - DEVELOPER, BRIGGS ENGINEERING, INe. - CONSULING ENGINEERS!" PRIME LAND DEVELOP:MENT CO., LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician ill, and David McKinnon Planner II for the Planning and Zoning Department, dated November 12, 2002, listing 9 General Requirements and 19 Site Specific Requirements, a true and correct copy of which is attached hereto marked Exhibit" A", and consisting of five pages, and by this reference incorporated herein, with the additional action of the Council from their November 19, 2002 meeting and/or requirements as follows, to-wit: 1.1 The action of the City Council taken at their November 19, 2002, meeting pertained to the following Staff comments under SITE SPECIFIC REQUIRE:MENTS numbers 7, 9 and 17, and that said comments shall now read as follows: SITE SPECIFIC REOUIREMENTS: 7. The previous phases of the project have included four foot vinyl fencing with % inch spaces between the slats and a two foot lattice top, and therefore, the fencing style shall remain the same through out the project. Additionally, a note next to the lots affected by the micro-path shall be identified with an arrow which shall identify the micro-path property lines. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.3 I (FP-02-025) - 2 9. The Coleman Lateral 30" pipe is located in the common Lot 28, Block 5. The facility is not encroaching into the buildable lots in this phase. 17. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 00 year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3 : 1 slope. 1.2 The Meridian Fire Department requires the following: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 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 a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. A minimum of two points of access will be required for any portion of the project, which serves more than 30 homes. 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.3 / (FP-02-025) - 3 approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.4 The Settler's Irrigation District requires the following: 1. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facility involved is the Coleman Lateral that will be tiled in 30" RCP. A license agreement needs to be in place. 2. All storm drainage must be retained on site. 3. Plan review/inspection fees shall be paid to any approvals. 1.5 The Nampa & Meridian Irrigation District requires a Land Use Change/Site application be filed. 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 shaH be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.3 I (FP-02-025) - 4 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. By action of the City Council at its regular meeting held on November 19, 2002. By: RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. ByJ~P~~' City Clerk ' Dated: / /.-.2 ?- t/ L. Z:\Work\M\Meridian\M:eridian 15360MIBridgetower Crossing Sub No.3 FP 02 025\OrderFP.doc ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR BRIDGETOWER CROSSING SUBDIVISION NO.3 I (FP-02-025) - 5 MAYOR Robert D. Corrie HGB OF TRE4SGRE VALLEY A Good Place to Live LEGAL DEP ARnlENT (208) 288-2499 ,Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (20&) 887-2211 . FlIx&87.1297 CITY COUNCIL :>.lEMBERS William L.M. Nary Keith Bird Tammy dcWe.:rd Cherie McCandless CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . F A.X (208) 887-4813 City Clerk Ollie.: Fax (208) 888-4218 PLANNING ill'JD ZONING DEPARTMENT (208) 884-5533 . FAX 888.6854 l\1EMORANDUM: To: November 14, 2002 RECEIVED NOV 1 4 2002 City Of Meridian City Clerk Office Request for a Final Plat Approval of Bridgetower Crossing Subdivision No. 3 - 72 Single-family Building Lots, 9 Common Lots on 32.46 Acres in an R-4 Zone (with PUD) by Primeland Development Co., LLP (File# FP-02-025) ~ Mayor & City Council From: Bruce Freckleton, Engineering Tech ill Brad Hawkins-Clark; Planner ~\:\.L Re: We have reviewed this submittal and ofTer 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 This is the third phase of Bridget ower Crossing's multi-phased Planned Development. This phase joins Phase 1 and Phase 2 and is, in part, a resubdivision of one landscape lot platted in Phase 2. The second phase was approved by City Council in July 2002. This third phase will also complete the construction ofN. Towerbridge Way and W. Belltower Drive, the main residential collector traversing through the project from Ustick to Ten Mile Roads. The net density of this phase is 2.99 d.u./acre. The property is located in an area designated as Low Density Residential in the Comprehensive Plan. GENERAL COMMENTS & DISCUSSION . To comply with Qrdinance 12~3-6.C, the requirement for subdivision phasing to be "successive and contiguous," the Applicant had to connect Phase 1 of Bridgetower Crossing (at the south end of the development) with Phase 2 via a half-mile long common landscape lot. The City Council waived the requirement to landscape this common lot as part of Phase 2 final plat application. This common lot will now be improved as a part of Phase 3 concurrent with the construction of BelltowerDrive and Towerbridge Way. . The proposed Final Plat is in substantial conformance with the approved Preliminary Plat. One (1) residential building lot has been removed from Block 5 (at the west terminus of San Remo) to accommodate a new stormwater/open space lot. SITE SPECIFIC REOUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat, conditional use permit and development agreement. FP..Q2..(l25 Bridgetower CrO!lsing Sub. No.3 ExA;6/-f ItAll /OPS- 7. -J;f. Mayor and Council November 14, 2002 Page 2 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup irrigation source. Applicant has indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. 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. Sanitary sewer service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision, and from the new White Drain Trunk Sewer. Water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision, as well as from a new city well being planned within this development. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 5. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If 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. 6. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. Applicant shall be required to construct open-vision fencing or four-foot-high solid fencing IX. (max.) along both sides of the micropath lots in Block 5 (Lot 28 and 37). The 6-foot semi ~e.(, privacy fence depicted on Sheet LS-l for these micropath lots does not comply with thi FI' fla.-I condition of the Preliminary Plat or with Ordinance 12-13-15-9 and is not approved. Applican ~ I~+ shall either comply by removing the 2-foot lattice shown on diagram #6 and construct only the ~r ~~ 4-foot fence or submit new fencing details for this fence type. The developer shall place a deed fl. u...O( restriction on Lots 33, 34, 36 and 38, Block 5 to prohibit the construction of any solid fencing 1(:1<:1.( on these building lots higher than four feet on the sides adjacent to the micropath lots Fp..()2-02.5 Bridgetower Crossing Sub. No.3 Exlt;b,f IAI' ~Or~ Mayor and Council November 14, 2002 Page 3 A 6-foot pennanent, perimeter fence must be constructed along the south and west boundaries of Block 5 (adjacent to Huskey property), in accordance with Preliminary Plat condition #5 (pg. 8 of Order). All perimeter fencing must be constructed prior to issuance of any building permits. All other fencing must be constructed prior to issuance of any C.O.s. 8. Applicant shall address with City Council Preliminary Plat condition #4.d. (pg. 7 of Order) regarding provision of bike lanes on Belltower Drive and Towerbridge Way and shall provide evidence of coordination with ACHD. 9~ Applicant shall comply with Preliminary Plat condition #6.a. (pg. 10 of Order) regarding th~~~~ 30-foot wide Coleman Lateral easement bisecting the northeast comer of Block 5 and submit f.i'".f\G.A copy of any necessary encroachment agreements. . i"\ 'lor urdt<d" 10. The Planting Plan (Sheet LS-l, dated 9/25/02 by Harvest Design) is approved as submi~~~~ with the followin8.exceptions: ,,- a.) The micropath fencing must be installed as per #8 above b.) Applicant shall provide details on how Lot 64, Block 5 and Lot 86, Block 5 will be landscaped. Staff reserves the right to require modifications to any plans submitted on these two lots. A letter of credit or cash surety in the amount of 11 0% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc.. prior to signature on the final Plat. 11. Revise note 14 to read Lot Q1, not Lot 74, Block 5. 12. Add the recording instrument number of the development agreement in plat note 10. 13. Modify the sub-title of Sheet 1 to read "A Resubdivision of Lot 1b Block 5, Bridgetower Crossing Subdivision No.2" (not Lot 13). 14. Graphically depict ten-foot (10') wide public utility, drainage and irrigation easements olong the west side of Lots 34-40, Block 5, and the south side of Lots 86-90. Block 5. 15. Complete the Certificate of Owners and accompanying Acknowledgment. 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. 17. ~ All drainage areas (detention/retention basins) must be designed to ensure that water is retainecft .Se\ ~ ( fh\O.- r II FP-02-02S ~e1 f, Bridgetower Crolllling Sub. No.3 C.OUt}lC.t.. I Hq~, :-- 16. Ex-kh,'f ''A'' 3 oP.5' Mayor and Council November 14, 2002 Page 4 only during 25-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3: 1 slope. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. Staff's 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 REOUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature 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. Two~hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined 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. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. 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. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. FP-02..Q2S BridgetowerCrossing Sub. No.3 Exl~.b,11'A II Jj Or:;- Mayor and Council November 14,2002 Page 5 9. 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. STAFF RECOMMENDA nON Staff recommends approval of the final plat for Bridgetower Crossing Subdivision NO.3. FP-02-02S BridgetowerCrossing Sub. No.3 E)0h/b/~.J- ItA tt ~ oJ'S BEFORE THE MERIDIAN CITY COUNCIL C/C 11/19/02 IN THE MATTER OF THE ) APPLICATION OF FARWEST, LLC ) FOR APPROVAL OF FINAL PLAT ) FOR fka SAGUARO SUBDIVISION ) nka MESSINA VILLAGE NO.1) SUBDIVISION, LOCA TED SOUTH ) OF VICTORY ROAD AND WEST ) OF EAGLE ROAD IN AN R~4 ) ZONE, MERIDIAN, IDAHO ) ) ) CASE NO. FP-02-024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on November 19, 2002, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, listing 7 General Requirements and 15 Site Specific CommentslFinal Plat, which are herein found fair and reasonable, and that Brad Hawkins-Clark of the Planning and Zoning Department, and Kent Brown, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Pinal Plat of "PLAT OF SAGUARO CANYON SUBDIVISION NO. 1, A PORTION OF THE NE ~ SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., :MERIDIAN, ADA COUNTY, IDAHO 2002, 20112 \20112- ORDER OF CONDITIONAL AFPROV AL OF FINAL PLAT FOR MESSINA VILLAGE NO.1 SUBDIVISION / (FP-02-024) - 1 PLT.DWG BKB 10/22/02, STAMPED DATE: OCT 22 202, SHEET 1 OF 2, FARWEST, L.L.C - DEVELOPER, BRIGGS ENGINEERING, INe. - CONSULTING ENGINEER", FARWEST, LLC., Developer, for the subdivision now known as :MESSINA VILLAGE NO.1 is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and David McKinnon Planner II for the Planning and Zoning Department, dated November 12,2002, listing 7 General Requirements and 15 Site Specific CommentslFinal Plat, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: ] .1 The Meridian Fire Department requires the following: 1. One and two family dwellings will require a fire flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 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 a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR 1.1ESSINA VILLAGE NO.1 SUBDIVISION I (FP-02-024) - 2 of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. A minimum of two points of access will be required for any portion of the project, which serves more than 30 homes. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.3 The Water Department notes that the 12" main on Eagle Road can be extended south to service this subdivision. 1.4 The Nampa & Meridian Irrigation District requires a Land Use Change/Site application be filed. 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: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA VILLAGE NO. 1 SUBDIVISION / (FP-02-024) - 3 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. By action of the City Council at its regular meeting held on November 19, 2002. By: o RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. Bydl~p~ ~ City Clerk Dated: ... ~ Z:\Work\M\Meridian\Meridian 15360M\Messina Village No.1 fka Saquaro Sub No.1 FP 02 024\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR :MESSINA VILLAGE NO.1 SUBDIVISION / (FP-02-024) - 4 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARnlENT (208) 288-2499 . Fa"( 288.2501 CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie 1....lcCandless William L.M. Nary CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-1433 . FA..'.,: (208) 887-1813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BlilLDING DEPARTMENT (208) 898-5500' F:L'< 887-1297 PLA..t'lNING Al'J'D ZONING DEPARTMENT (208) 884-5533 . FA..\: 888-6854 1\fEMORANDUM: November 12, 2002 To: Mayor & City Council David McKinnon, Planner II J::jA Bruce Freckleton, Senior Engineering Tech ~ Saguaro Canyon Estates (Tuscany Lakes) RECEIVED. NOY 1 3 2002 From: Re: Cit-j Of Meridian City Clerk Office -Final Plat Approval of Fifty-Two (52) Building Lots and Five (5) Other Lots on 20.26 Acres in an R-4 Zone, by Farwest, LLC (File No. FP-02-024). We have reviewed the: above referenced submittals and offer the following comments, as conditions of approval. These conditions shaH be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Farwest LLC, has requested approval of the fIrst phase of Saguaro Canyon Estates (previously known as Tuscany Lakes East), consisting of fifty-two (52) building lots and fIve (5) other lots on 20.26 acres. This phase of the subdivision has a gross density of2.56 du/acre. This phase is located on the west side of Eagle Road, south ofE. Rome Drive (a new collector street). The City Council approved the Preliminary Plat on 8/13/02. This is one of the fIrst phases of the multiple phase Tuscany Lakes Subdivision. The applicant has informed staff that Farwest LLC is in the process of selling the acreage under their ownership to Gem Park n. As part of the sale, the applicant is proposing a name change to Masina Village, LOCA nON The property is located on the on the west side of Eagle Road, approximately ~ of a mile south of Victory Road, in Section 29, Township 3 North, Range 1 east. SURROUNDING PROPERTlES North: Rural residential land, zoned RUT (Ada County). South: Rural residential land, zoned (Ada County). East: Dartmor Subdivision (a rural residential subdivision), zoned RUT (Ada County). West: Future Phases of Tuscany Lakes Subdivision, zoned (R-4). FP42.oZ4 s.s-o CoilJ">ll Eslll\e$. FP E~)u'h,'-f ''A" /ols Mayor & City Council November 12,2002 Page 2 FINAL PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services can be made available to the lots within the proposed subdivision, provided changes as may be required by the Public Works and Building Departments are made. c. The continuity of the proposed development with the capital improvement program; - Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not reqwre major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Councilor Commission's attention. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms of the approved preliminary plat (pP-02-006). 2. The applicant has indicated that a pressurized irrigation system will be provided within this development, but has not indicated the ownership. If it is to be owned and maintained by the Nampa & Meridian Irrigation District, please revise the plat to show how the system is going to be served (ie connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to FP-OHI24 Saguaro Can)'Oll Eslateo.FP ~Xl1,'b,~f JIlt U dot ~ Mayor & City Council November 12,2002 Page 3 utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. A fully operational pressurized irrigation system shall be installed for this phase prior to occupancy of any home or building within this phase of development. 3. A fencing plan shall be submitted for approval by the Planning and Zoning Department for approval prior to signature on the Final Plat. 4. The Landscape Plan (Sheets CUP-09, CUP-10 and CUP-II, dated 6-12-02 by The Land Group) shall be modified in the following manner and shall be submitted to the Planning and Zoning Department for approval prior to the City's signature on the final plat: (1.) Lot 25 , Block 5 (Lot 25, Block 24 on the Landscape Plan) shall be landscaped and fenced in accordance with landscape Ordinance 12-13-5 (Micropath -Landscaping) and per the Public Works Department approval, and shall have a pathway installed though the lot connecting it to the sidewalk adjacent to Eagle Road. The lot shall be revised to reflect the correct dimensions as indicated on the Final Plat (2.) The slope of the proposed landscape berm adjacent to Eagle Road (contained in lot 1, Block 5) shall be no greater than a 3:1 slope; the 2: 1 slopes shall be eliminated. (3.) The applicant is not required to install three inch (3") caliper trees as proposed in the submitted landscape plan; the MCC requires only two inch (2") caliper trees, but staff does support larger trees. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road bas~ approved by the Ada County Highway District prior to applying for building permits~ All development improvements, including perimeter fencing and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. 6. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and 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 7. Complete the Certificate of Owners and accompanying Acknowledgment. FP-m.u24 EJLh:b,V"/1113ors Saguaro Canyon E,lales-F!' Mayor & City Council November 12,2002 Page 4 8. 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. 9. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 25-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed a 3: 1 slope. 10. Revise or Add the following notes to the face of the plat: (1.) ...over the hvelve (12) thirteen (13) feet adjacent... (5.) ... ,or ~ 23 feet measured from right of way. (1 L) Please strike the entire note regarding a development agreement, (a DA was not required for this project). And replace the note with a new note concerning the Right to Farm Act. (12.) Lot 1, Block 1; Lot 1, Block 42... 11. The applicant shall submit a new "final" approval letter from the Street Naming Committee, and shall modify the plat to reflect any changes prior to the City's signature on the final plat 12. A directional arrow shall be added to Lot 4, Block 3 that indicates that the home built on the lot shall be built facing Tanque Way; the lot does not have meet the minimum frontage requirements on the side facing E. Javalina Ct. Add the arrow symbol to the plat legend. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Add text to the face of the plat identifying the "NE Corner of the SE4, NE4 Section 29" and the "NW Corner of the SE4, NE4 Section 29". 15. Staff's failure to cite specific ordinan~e provisions or terms of the approved preliminary plat, does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association (ditch 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 FP-lI2-o24 Saguaro Canyon Estal<:s.FP ExA/ 6,~f IIflll Lj of5 Mayor & City Council November 12,2002 Page 5 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. Two-hundred-fifty and 1 DO-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. 4. 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. 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. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOM:MENDA TION Staff recommends approval of the final plat for Saguaro Canyon Subdivision No.1. FM2-024 Saguaro Conyol! Emteo.FP ExJz:/):f 'ft" S oP5 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/12/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN ) EDUCATIONAL CAMPUS IN AN R- ) 4 ZONE, LOCATED AT 3800 N. ) LOCUST GROVE, ~ MILE NORTH ) OF USTICK ROAD, MERIDIAN, ) IDAHO ) ) JOINT SCHOOL DISTRICT NO.2, ) ) APPLICANT - ) ) Case No. CUP-02-035 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on November 12, 2002, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark, Interim Director ofthe Planning and Zoning Administrator, Joseph Silva, Wendell Bigham, and Wayne Falles, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12,2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 12,2002, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a R -4 zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 2 4. The property is located at 3800 N. Locust Grove, Y4 mile north of Us tick Road, Meridian, Idaho. 5. The owner of record of the subject property is Joint School District No.2, 911 Meridian Road, Meridian, Idaho 83642. 6. Applicant is owner of record. 7. The subject property is currently zoned R-4. The zoning district ofR-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of a new elementary school and charter high school and conceptual approval of two (2) more charter high schools and a new School District administration building. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 11. 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 and the Comprehensive Plan of the City of Meridian, and Maps FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 3 and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. A separate Conditional Use Permit shall be required prior to development of the "future" administration building and "future" professional technical high schools (buildings "C" and "D" on the submitted site plans). 2. Landscaping, fencing, irrigation, pathway, and roadway improvements for Phase(s) 2, 2A and 3 shall be completed prior to occupancy of the new charter high school or the new elementary school. Landscaping shall be installed in the aforementioned phases as submitted on the landscape plan (dated September 12,2002). Tree locations shall be coordinated with the Public Works Department for those areas where sanitary sewer exists or is proposed. 3. The construction and dedication of the proposed East Heron's Crossing Drive shall be completed prior to the occupancy of the proposed elementary school. General Requirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 2. This Conditional Use Permit shall be valid for a maximum period of 18 months. lf construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. B. Adopt the Recommendations of the ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 4 Site Specific Requirements 1. Dedicate 35 feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breading ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2, Construct 5 foot concrete sidewalk abutting Locust Grove Road located 2 feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 3. Construct East Heron's Crossing Drive at the north property line (at the half mile), as proposed. 4. Construct East Heron's Crossing Drive (from Locust Grove Road to the driveway that is proposed to be located approximately 2,300 feet east of Locust Grove Road) as a 46 foot street section with three travel lanes, curb, gutter, 5 foot bike lanes, and 5 foot concrete sidewalk within 56 feet of right-of-way, as proposed. Provide the District with an easement for the sidewalk on the south side of East Heron's Crossing Drive. 5. Construct East Heron's Crossing Drive (from the driveway that is proposed to be located approximately 2,300 feet east of Locust Grove Road to the east property line) as a 33 foot street section with curb, gutter, 5 foot detached sidewalk and bike lanes with no parking on either side. 6. Construct East Heron's Crossing Drive as a stub street that will extend to the east property line approximately 610 feet south of the north property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the roadway stating that "THIS ROAD WlLL BE EXTENDED IN THE FUTURE." 7. Construct a driveway to intersect Locust Grove Road approximately 570 feet south ofthe north property line, as proposed. 8. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 290 feet east of Locust grove Road, as proposed. 9. Construct a 40 foot wide driveway on the south side of East Heron's Crossing Drive approximately 630 feet east of Locust Grove Road, as proposed. 10, Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 920 feet east of Locust Grove Road, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-03S) 5 1 L Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive approximately 1,060 feet east of Locust Grove Road, as proposed. 12. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 2,020 feet east of Locust Grove Road, as proposed. 13. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive approximately 2,300 feet east of Locust Grove Road, as proposed. 14. Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement ofthe roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. Provide a minimum turning radius of 45 feet for all turnarounds. 16. Construct an exclusive left-turn lane and a right turn deceleration lane on Locust Grove Road at the East Heron's Crossing Drive intersection. Coordinate the design of the lanes with the District's Traffic Services Department, 387-6140. 17. Construct an exclusive left turn lane and a right turn deceleration lane on Locust Grove Road at the driveway proposed to be located approximately 570 feet south of the north property line. Coordinate the design of the lanes with the District's Traffic Services Department, 387-6140. 18. Other than the access points specifically approved with this application, direct lot access to Locust grove Road is prohibited. These restrictions shall be noted on the final Plat. 19. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 6 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building pennit (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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the"terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of fire hydrant locations shall be by the Meridian Fire Department. 5. All radii for internal and external roads shall be 28' inside and 48' outside radius. 6. A 20' wide fire lane shall be provided around the proposed Elementary School. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 7 7. An approved temporary turnaround shall be provided at the East end of East Heron's Crossing Drive. 8. The Fire Department requests that any future signalization installed as the result ofthe development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Envirorunental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Sanitary Service as follows: 1, Enclosure widths are inadequate for buildings A and B and must be adjusted accordingly. 2. Applicant shall provide curb cuts for vehicle access. F. Adopt the action of the City Council taken at their November 12, 2002 meeting as follows: 1. The Council strongly encourages a long term agreement between the Meridian City/Rural Fire Department and Joint School District No.2 which would provide land upon which the Department can erect and operate a public safety education facility. Such agreement is not a condition of the plat or conditional use permit. 13. The proposed uses within the subject application will be harmonious with and in accordance with the adopted Meridian Comprehensive Plan text, policies and Future Land Use Map, and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Quasi- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 8 I, Public". 14. It is found that the site is large enough to accommodate the required landscaping, yards and other features required by the Zoning Ordinance. 15. It is found that the proposed use and development plan is harmonious with recently adopted Comprehensive Plan. The Future Land Use Map designates the property as "public/quasi public" and includes a school symbol on the subject property. It is further found that the proposed use is in compliance with ordinances contained in the Meridian City Code. 16. It is found that the proposed use will be compatible with the existing and proposed residential uses in the general vicinity. 17. It is not anticipated that the proposed uses will have an adverse affect on the other property in the vicinity, if designed, constructed, operated and maintained in accordance with any conditions of approval and the City Ordinance. 18. It is found that the proposed development will be adequately served by the essential public facilities and services. 19. It is found that the proposed use would not create excessive additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. It is also found that the proposed uses will provide the needed educational facilities required to keep up with the city's explosive growth. 20. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased noise, smoke fumes, glare or odors generated by the proposed educational uses. Traffic will be increased in the area, and the applicant has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 9 provided a Traffic Impact Study (TlS) that details the extent of the increased traffic at build out of the project. The increased traffic will increase the length of delays at many of the intersection in the general vicinity ofthe schools. (Review ACHD's analysis of the TIS and ACHD's site specific conditions of approval for further information on the traffic matter.) 21. It is found that the proposed uses will have vehicular approaches that will be designed to meet ACHD standards and will be designed to reduce any interference with any traffic on the surrounding public streets. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 10 adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 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; B. That the proposed use and development plan will be hannonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; 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 ofthe general vicinity and that such use will not adversely change the essential character of the same area; D. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks,- police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; F. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. That the proposed use will have vehicular approaches to the property which shall be so designated as not to create interference with traffic on surrounding public streets; and 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. 5. Prior to granting a conditional use permit in the Low Density Residential District FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 11 (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 ofthis Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERlVIIT (CUP-02-035) 12 D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for construction of a new elementary school and charter high school and conceptual approval of two (2) more charter high schools and a new School District administration building in an R-4 zone located at 3800 N. Locust Grove, 14 mile north of Us tick Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. A separate Conditional Use Permit will be required prior to development of the "future" administration building and "future" professional technical high schools (buildings "c" and "D" on the submitted site plans). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 13 2. Landscaping, fencing, irrigation, pathway, and roadway improvements for Phase(s) 2, 2A and 3 shall be completed p110r to occupancy ofthe new charter high school or the new elementary school. Landscaping shall be installed in the aforementioned phases as submitted on the landscape plan (dated September 12, 2002). Tree locations shall be coordinated with the Public Works Department for those areas where sanitary sewer exists or is proposed. 3. The construction and dedication of the proposed East Heron's Crossing Drive shall be completed prior to the occupancy of the proposed elementary school. General Requirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 2. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. B. Adopt the Recommendations of the ACHD as follows: Site Specific Requirements 1. Dedicate 35 feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breading ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct 5 foot concrete sidewalk abutting Locust Grove Road located 2 feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 3. Construct East Heron's Crossing Drive at the north property line (at the half mile), as proposed. 4. Construct East Heron's Crossing Drive (from Locust Grove Road to the driveway that is proposed to be located approximately 2,300 feet east of Locust Grove Road) as a 46 foot street section with three travel lanes, curb, gutter, 5 foot bike lanes, and 5 foot concrete sidewalk within 56 feet of right-of-way, as proposed. Provide the District with an easement for the sidewalk on the south side of East Heron's Crossing Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 14 5. Construct East Heron's Crossing Drive (from the driveway that is proposed to be located approximately 2,300 feet east of Locust Grove Road to the east property line) as a 33 foot street section with curb, gutter, 5 foot detached sidewalk and bike lanes with no parking on either side. 6. Construct East Heron's Crossing Drive as a stub street that will extend to the east property line approximately 610 feet south ofthe north property line, as proposed. Construct a temporary turnaround at the terminus ofthe roadway and install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE. " 7. Construct a driveway to intersect Locust Grove Road approximately 570 feet south of the north property line, as proposed. 8. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 290 feet east of Locust grove Road, as proposed. 9. Construct a 40 foot wide driveway on the south side of East Heron's Crossing Drive approximately 630 feet east of Locust Grove Road, as proposed. 10. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 920 feet east of Locust Grove Road, as proposed. 11. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive approximately 1,060 feet east of Locust Grove Road, as proposed. 12. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 2,020 feet east of Locust Grove Road, as proposed. 13. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive approximately 2,300 feet east of Locust Grove Road, as proposed. 14. Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. Provide a minimum turning radius of 45 feet for all turnarounds. 16. Construct an exclusive left-turn lane and a right turn deceleration lane on Locust Grove Road at the East Heron's Crossing Drive intersection. Coordinate the design of the lanes with the District's Traffic Services Department, 387-6140. 17. Construct an exclusive left turn lane and a right turn deceleration lane on Locust Grove Road at the driveway proposed to be located approximately 570 feet south ofthe north property line. Coordinate the design of the lanes with the District's Traffic Services Department, 387-6140. 18. Other than the access points specifically approved with this application, direct lot access to Locust grove Road is prohibited. These restrictions shall be noted on the final Plat. 19. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 15 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 ofIdaho 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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 16 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. Adopt the Recommendations of the Meridian Fire Department as follows: A fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. Operational fire hydrants are required before combustible construction begins. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of fire hydrant locations shall be by the Meridian Fire Department. All radii for internal and external roads shall be 28' inside and 48' outside radius. A 20' wide fire lane shall be provided around the proposed Elementary School. An approved temporary turnaround shall be provided at the East end of East Heron's Crossing Drive. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. C. 1. 2. 3. 4. 5. 6. 7. 8. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Sanitary Service as follows: 1. Enclosure widths are inadequate for buildings A and B and must be adjusted accordingly. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 17 2. Applicant shall provide curb cuts for vehicle access. F. Adopt the action ofthe City Council taken at their November 12,2002 meeting as follows: 1. The Council strongly encourages a long term agreement between the Meridian City/Rural Fire Department and Joint School District No.2 which would provide land upon which the Department can erect and operate a public safety education facility. Such agreement is not a condition of the plat or conditional use permit. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 18 By action of the City Council at its regular meeting held on the !lO(/e~ ,2002. / q-l'!i. day of ROLL CALL: COUNCILMAN BIRD VOTED~ COUNCIL WOMAN deWEERD VOTED ~ COUNCILWOMAN McCANDLESS VOTED ~ COUNCILMAN NARY VOTED {leA- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: //-/tf-tJ'l.- VOTED - MOTION: APPROVE~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\\1I11llIttIU/ III r.te- "I ........\\ Of wieR'/[) III~ .........':\~ . '4. /// }' a o?-POR-1): '.1;....~ ::; _.....0 ~o -;:. ~ ~ - :: SEAlPat : ~/-2S---t? 2-- 7: &_ ,,&Q ,Qi O~ ~"'90 USr 1Si ' ,;;:: .f ~/ '4f 'f>~ ....~.... //11(1 COVitr"! . \11'....' Z:\Work\M\Meridian\Mel'idian I 5360MIJoint School Dist 2 Ed Ca\~tiUS:F.IM2"Oj!!tICUP-02-035\FfCIsCUP02-035.doc By: City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-035) 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/12/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN ) EDUCATIONAL CAMPUS IN AN R- ) 4 ZONE FOR, LOCATED AT 3800 N. ) LOCUST GROVE, y.. MILE NORTH ) OF USTICK ROAD, MERIDIAN, ) IDAHO ) ) JOINT SCHOOL DISTRICT NO.2, ) APPLICANT ) ) Case No. CUP-02-035 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 12th day of November, 2002, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for construction of a new elementary school and charter high school and conceptual approval of two (2) more charter high schools and a new School District administration building in an R-4 zone located at 3800 N. Locust Grove, ';4 mile north of Us tick Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN JOINT SCHOOL DISTRICT NO.2! CUP-02-035 -1 1. A separate Conditional Use Permit shall be required prior to development of the "future" administration building and "future" professional technical high schools (buildings "C" and "D" on the submitted site plans). 2. Landscaping, fencing, irrigation, pathway, and roadway improvements for Phase(s) 2, 2A and 3 shall be completed prior to occupancy of the new charter high school or the new elementary school. Landscaping shall be installed in the aforementioned phases as submitted on the landscape plan (dated September 12, 2002). Tree locations shall be coordinated with the Public Works Department for those areas where sanitary sewer exists or is proposed. 3. The construction and dedication of the proposed East Heron's Crossing Drive shall be completed prior to the occupancy of the proposed elementary school. General Requirements 1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 2. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new Conditional Use Permit must be obtained prior to the start of development. B. Adopt the Recommendations of the ACHD as follows: Site Specific Requirements 1. Dedicate 35 feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breading ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct 5 foot concrete sidewalk abutting Locust Grove Road located 2 feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 3. Construct East Heron's Crossing Drive at the north property line (at the half mile), as proposed. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERmAN JOINT SCHOOL DISTRICT NO.2! CUP-02-035 -2 4. Construct East Heron's Crossing Drive (from Locust Grove Road to the driveway that is proposed to be located approximately 2,300 feet east of Locust Grove Road) as a 46 foot street section with three travel lanes, curb, gutter, 5 foot bike lanes, and 5 foot concrete sidewalk within 56 feet of right-of-way, as proposed. Provide the District with an easement for the sidewalk on the south side of East Heron's Crossing Drive. 5. Construct East Heron's Crossing Drive (from the driveway that is proposed to be located approximately 2,300 feet east of Locust Grove Road to the east property line) as a 33 foot street section with curb, gutter, 5 foot detached sidewalk and bike lanes with no parking on either side. 6. Construct East Heron's Crossing Drive as a stub street that will extend to the east property line approximately 610 feet south of the north property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE. " 7. Construct a driveway to intersect Locust Grove Road approximately 570 feet south of the north property line, as proposed. 8. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 290 feet east of Locust grove Road, as proposed. 9. Construct a 40 foot wide driveway on the south side of East Heron's Crossing Drive approximately 630 feet east of Locust Grove Road, as proposed. 10. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 920 feet east of Locust Grove Road, as proposed. 11. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive approximately 1,060 feet east of Locust Grove Road, as proposed. 12. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 2,020 feet east of Locust Grove Road, as proposed. 13. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive approximately 2,300 feet east of Locust Grove Road, as proposed. 14. Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. Provide a minimum turning radius of 45 feet for all turnarounds. 16. Construct an exclusive left-turn lane and a right turn deceleration lane on Locust Grove Road at the East Heron's Crossing Drive intersection. Coordinate the design ofthe lanes with the District's Traffic Services Department, 387-6140. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN JOINT SCHOOL DISTRICT NO.2 I CUP-02-035 -3 17. Construct an exclusive left turn lane and a right turn deceleration lane on Locust Grove Road at the driveway proposed to be located approximately 570 feet south of the north property line. Coordinate the design of the lanes with the District's Traffic Services Department, 387-6140. 18. Other than the access points specifically approved with this application, direct lot access to Locust grove Road is prohibited. These restrictions shall be noted on the final Plat. 19. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with fj.le number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. 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 ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN JOINT SCHOOL DISTRICT NO.2 I CUP-02-035 -4 Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the Applicant of 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of fire hydrant locations shall be by the Meridian Fire Department. 5. All radii for internal and external roads shall be 28' inside and 48' outside radius. 6. A 20' wide fire lane shall be provided around the proposed Elementary School. 7. An approved temporary turnaround shall be provided at the East end of East Heron's Crossing Drive. 8. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendations of the Central District Health Department as follows: I. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERmAN JOINT SCHOOL DISTRICT NO.2 / CUP-02-035 -5 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Sanitary Service as follows: 1. Enclosure widths are inadequate for buildings A and B and must be adjusted accordingly. 2. Applicant shall provide curb cuts for vehicle access. F. Adopt the action ofthe City Council taken at their November 12,2002 meeting as follows: 1. The Council strongly encourages a long term agreement between the Meridian City/Rural Fire Department and Joint School District No.2 which would provide land upon which the Department can erect and operate a public safety education facility. Such agreement is not a condition of the plat or conditional use permit. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERmAN JOINT SCHOOL DISTRICT NO.2 / CUP-02-035 -6 By action ofthe City Council at its regular meeting held on the ;Vt?f/ew~ /qf~ day of , 2002. ert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:JI~,P-~* City Clerk Dated: 11- :2~--tJ 2- \\\\\\llllfJ/1111 \\\\ c: M"~. III ",\\ "\ o! cRIb/. /....../.... ~ ~ '-'1"" 'l J" 0 o?POlVj?; 'v~. .:::- ~G ~ ~ : ~ ~ SEAL 7.:::.: OJ&:: ~ Qu "0 ~ ~ ~O 'Sr 1si ' ..;:.. ~ Z:\Work\M\Meridian\Meridian I 5360MVoint School Dist 2 Ed Campus PP-02-023 CUP-02-035\OrderCUP02-03s:'-9,9,C '1 .{"o.y;. ,.:::- ......,1 Co ,..-.1 \V \,-\ 11/1 l}1\i ~ \. \\\\ III . . \\\\ IN;l~f; n.~n\ ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY MERIDAN JOINT SCHOOL DISTRICT NO.2 I CUP-02-035 -7 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR EDUCATION CAMPUS SUBDIVISION, LOCATED AT 3800 N. LOCUST GROVE~ ~ MILE NORTH OF USTICK ROAD, MERIDIAN, IDAHO BY; JOINT SCHOOL DISTRICT NO.2, APPLICANT C/C 11/12/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. PP-02-023 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on November 12,2002, and Brad Hawkins-Clark, Interim Planning Director, for the Planning and Zoning Department, Joseph Silva, Wendell Bigham, and Wayne Falles, appeared and testified, and the City Council having received a report from David McKinnon Planner II for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "EDUCATION CAMPUS SUBDIVISION, JOINT SCHOOL DISTRICT NO.2, MERIDIAN, ADA COUNTY, IDAHO, EDUCATION CAMPUS SUBDIVISION PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11850, SHEET 1 OF 2, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCATION CAMPUS SUBDIVISION / (PP-02-023) HANDWRITTEN DATE: 9-11-02, 09111/02 F:\ProjectManagers\GAL\11850\11850- Dra\dwg\11850PP1.dwg, OWNER/DEVELOPER: JOINT SCHOOL DISTRICT #2, J-U-B ENGINEERS, INC. ENGINEERS.SURVEYORS.PLANNERS", Joint School District No.2 submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the l?roposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned (R-4) Low Density Residential, and requires connection to the Municipal Water and Sewer System. [Meridian City Code S 11-7-2 C] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that public services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCATION CAMPUS SUBDIVISION / (PP-02-023) 2 as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "EDUCATION CAMPUS SUBDIVISION, JOINT SCHOOL DISTRICT NO.2, MERIDIAN, ADA COUNTY, IDAHO, EDUCATION CAMPUS SUBDIVISION PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11850, SHEET 1 OF 2, HANDWRITTEN DATE: 9-11-02,09/11/02 F:\ProjectManagers\GAL\11850\11850-Dra\dwg\11850PP1.dwg, OWNER/DEVELOPER: JOINT SCHOOL DISTRICT #2, J-U-B ENGINEERS, INC. ENGINEERS.SDRVEYORS.PLANNERS" . DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "EDUCATION CAMPUS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCATION CAMPUS SUBDIVISION I (PP-02-023) 3 SUBDIVISION, JOINT SCHOOL DISTRICT NO.2, MERIDIAN, ADA COUNTY, IDAHO, EDUCATION CAMPUS SUBDIVISION PRELIMINARY PLAT, DRAWN BY: EL, DESIGN BY: BAP, CHECKED BY: GAL, PROJECT NO. 11850, SHEET 1 OF 2, HANDWRITTEN DATE: 9-11-02, 09/11/02 F:\ProjectManagers\GAL\11850\11850-Dra\dwg\11850PP1.dwg, OWNER/DEVELOPER: JOINT SCHOOL DISTRICT #2, J-U-B ENGINEERS, INC. ENGINEERS.SURVEYORS.PLANNERS", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments 1. The proposed pedestrian pathway/utility access lane on the south side of the property shall be constructed with an asphalt surface capable of supporting truck traffic. Additional easement to the City of Meridian shall be required for any extension of the existing sanitary sewer. 2. Water and sewer services shall be provided via the extensions from mains existing or being installed adjacent to the proposed campus. 3. Underground, year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hookup and design details based on the proposed landscaping. Due to the size of the landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 4. Add a note to the face of the plat indicating who shall be responsible for the maintenance of Lot I, Block 1 of the proposed subdivision. 5. All drainage swales shall be built in compliance with the City's Landscape Ordinance. 6. Applicant shall provide a temporary turnaround on the east end ofE. Herron's Crossing Drive in accordance with Fire Department Comments. 7. All fencing on the entire northern boundary of this proj ect shall be chain link with plastic slats of a neutral and non-offensive color. 8. Applicant shall try to enter into negotiations with neighbors regarding a proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCATION CAMPUS SUBDIVISION / (PP-02-023) 4 walkway access between this property and the residential subdivision to the north, but the walkway shall not be a requirement of the Applicant if negotiations cannot be agreed upon between the Applicant and the neighbors. General Requirements 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Assessment fees for water and sewer service are determined during the building plan review process. 4. Two hundred fifty watt, high pressure sodium streetlights will be required at locations designed by the Public Works Department. All streetlights shall be installed.at subdivider's expense. Typical locations are at street intersection sand/or fire hydrants. 5. 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. 6. All irrigation ditches, laterals, or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. B. Adopt the Recommendations of ACHD as follows: Site Specific Requirements 1. Dedicate 35 feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breading ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance # 19 5). 2. Construct 5 foot concrete sidewalk abutting Locust Grove Road located 2 feet within the right-of-way. If the sidewalk meanders outside ofthe right-of-way, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCA nON CAMPUS SUBDNISION / (PP-02-023) 5 provide an easement for the sidewalk. 3. Construct East Heron's Crossing Drive at the north property line (at the half mile), as proposed. 4. Construct East Heron's Crossing Drive (from Locust Grove Road to the driveway that is proposed to be located approximately 2,300 feet east of Locust Grove Road) as a 46 foot street section with three travel lanes, curb, gutter, 5 foot bike lanes, and 5 foot concrete sidewalk within 56 feet of right-of-way, as proposed. Provide the District with an easement for the sidewalk on the south side of East Heron's Crossing Drive. 5. Construct East Heron's Crossing Drive (from the driveway that is proposed to be located approximately 2,300 feet east of Locust Grove Road to the east property line) as a 33 foot street section with curb, gutter,S foot detached sidewalk and bike lanes with no parking on either side. 6. Construct East Heron's Crossing Drive as a stub street that will extend to the east property line approximately 610 feet south of the north property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7. Construct a driveway to intersect Locust Grove Road approximately 570 feet south of the north property line, as proposed. 8. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 290 feet east of Locust grove Road, as proposed. 9. Construct a 40 foot wide driveway on the south side of East Heron's Crossing Drive approximately 630 feet east of Locust Grove Road, as proposed. 10. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 920 feet east of Locust Grove Road, as proposed. 11. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive approximately 1,060 feet east of Locust Grove Road, as proposed. 12. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive approximately 2,020 feet east of Locust Grove Road, as proposed. 13. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive approximately 2,300 feet east of Locust Grove Road, as proposed. 14. Pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. Provide a minimum turning radius of 45 feet for all turnarounds. 16. Construct an exclusive left-turn lane and a right turn deceleration lane on Locust FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCATION CAMPUS SUBDIVISION! (PP-02-023) 6 Grove Road at the East Heron's Crossing Drive intersection. Coordinate the design of the lanes with the District's Traffic Services Department, 387-6140. 17. Construct an exclusive left turn lane and a right turn deceleration lane on Locust Grove Road at the driveway proposed to be located approximately 570 feet south of the north property line. Coordinate the design of the lanes with the District's Traffic Services Department, 387-6140. 18. Other than the access points specifically approved with this application, direct lot access to Locust grove Road is prohibited. These restrictions shall be noted on the final Plat. 19. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (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 ofIdaho 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 is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCA TrON CAMPUS SUBDIVISION / (PP-02-023) 7 9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the Applicant of 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 ofthe 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. A fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 4. Final approval of fire hydrant locations shall be by the Meridian Fire Department. 5. All radii for internal and external roads shall be 28' inside and 48' outside radius. 6. A 20' wide fire lane shall be provided around the proposed Elementary SchooL 7. An approved temporary turnaround shall be provided at the East end of East Heron's Crossing Drive. . 8. The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCATION CAMPUS SUBDIVISION / (PP-02-023) 8 D. Adopt the Recommendation of the Settler's Irrigation District. I. All irrigation and drainage facilities/easements will need to be protected that are effected by this project. The facilities involved are the Parkins Nourse Lateral coursing along the north boundary, and the Leighton Lateral coursing along the east boundary. A license agreement needs to be in place prior to construction. 2. All storm drainage must be retained on site. 3. Plan review/inspection fees shall be paid prior to any approvals. 4. If this development wishes to have SID own, operate, and maintain the pressurized irrigation system an agreement needs to be in place prior to construction. E. Adopt the Recommendations of the Central District Health Department as follows: - 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Storm water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Comply with the City Council's action from their November 12, 2002 meeting as follows: 1. The Council strongly encourages a long term agreement between the Meridian CitylRural Fire Department and Joint School District No.2 which would provide land upon which the Department can erect and operate a public safety education facility. Such agreement is not a condition of the plat or conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCATION CAMPUS SUBDIVISION / (PP-02-023) 9 BY}9ion of the City Council at its regular meeting held on the day of tjt!2ve ~~ ,2002. / q-f.!- ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED--* COUNCILMAN NARY VOTED~ - {/to; MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. ByJ~~9 City Clerk Dated: .... .... Z:\Work\M\Meridian\Meridian J 5360M\loint School Dist 2 Ed Campus PP.02..Q23 CUP.02.035\FfClsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT EDUCATION CAMPUS SUBDIVISION I (PP-02-023) 10 .._.. ............... ..............w..., "". ......."... '.l'Y.UUIV u BOIse IDAHO 12/02/02 01:57PM DEPUTY Bonnie Oberbilli~ RECORDED - REaUEST OF MERIDIAN CITY AMOUNT .00 111111111111111I111111111111111111111 1 ~321.4330::: This sheet has been added to the document to accommodate recording information. First Addendum to Development Agreement for Touchmark Site / Bair Property Annexation (AZ 99-0021/ AZ 02-018) Approved by Meridian City Council November 19, 2002 FIRST ADDENDUM TO EXHIBIT A DESCRIPTION FOR TOUCHMARK SITE OF THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 FOR NEW CASE AZ-02-018) The following is an addendum to that certain Development Agreement between the City of Meridian and Touchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, specifically to add the additional 5.00 acres that Touchmark Living Centers acquired subsequent to the entering into of the original development agreement dated May 1,2001, and recorded in the Ada County Recorder's office as Instrument No. 101048096, and the Apri12001 Addendum To Development Agreement dated May 1, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101048097. The parties hereto agree as follows: A. The Development Agreement dated May 1,2001, as it pertains to the Exhibit A legal description, is amended to add and read as follows: EXHIBIT A DESCRIPTION FOR TOUCHMARK SITE A parcel of land lying in Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho., more particularly described as follows: Commencing at the north ~ comer of Section 16, T3N., R.1E., B.M., thence S 00013'01" E 40.00 feet along the west line of the NE ~ of said Section 16 to a point on the south right-of-way line of Franklin Road, the REAL POINT OF BEGINNING ofthis description; Thence S 89029'1911 E 1351.22 feet along said south right-of-way line to a point on the east line ofNW Y4 of the NE 14 of said Section 16; Thence S 00006130" E 518.08 feet along the east line of the NW ~ of the NE y... to a point on the north boundary of Edgeview Estates No.1 Subdivision, filed in Book 63 of Plats, at Page 6399, records of the Ada County Recorder's Office; Thence along the north and west boundary of Edge view Estates No.1 Subdivision and along the west boundary of Edge view Estates No.2 Subdivision, filed in Book 65 of Plats, at Page 6704, records of the Ada County Recorder's Office, the following courses and distances: FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 and new AZ-02-0 18) 1 Thence N 82017'38" W 7.63 feet; Thence N 79033'15" W 449.48 feet; Thence S 80042'48" W 116.19 feet; Thence S 25035'37" W 195.09 feet; Thence S 22039'37" E 150.00 feet; Thence S 33016'37" E 620.00 feet; Thence S 30051'03" E 493.00 feet; Thence S 00006'30" E 493.51 feet; Thence S 13051 '55" W 426.51 feet; Thence N 89023'43" W 34.37 feet; Thence S 13046'18" W 21.40 feet to the southwest corner of Edgeview Estates No.2, said point being on the north right of way of Interstate 84; Thence N 89043'13" W 530.52 feet along said northerly right of way to a point; Thence N 00019'45" W 23.85 feet to a point on the south line of the NE ~ of said Section 16; Thence N 89023'43" W 673.14 feet along said south line to the southeast comer ofthe N\V 'l4 (the center 'l4 comer) of said Section 16; Thence N 89023'35" W 625.37 feet along the south line of the SE 'l4 of the NW 'l4 to a point on the north right of way of Interstate 84; Thence N 85044'30" W 25.58 feet along said north right of way to a point; Thence N 00000'00" W 1024.38 feet to a point; Thence N 44054'04" W 430.35 feet to a point; Thence N 89026' 11" W 738.37 feet to a point on the east boundary of Mont vue Park, a subdivision, filed in Book 17 of Plats, at Page 1107, records ofthe Ada County Recorder's FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORlGINAL CASE NO. AZ~99-0021 and new AZ-02~O 18) 2 Office; Thence N 00020'1]'1 W 1287.16 feet along said east boundary to a point on the south right-of- way line of Franklin Road; Thence S 89028'47" E 337.68 feet along said south right-of-way line to a point on the east line of the NW ~ ofthe NW Y4; Thence S 00021 '56" E 456.25 feet along the east line of the NW ~ of the NW Y4 to a point; Thence S 79029'58" E 117.09 feet to a point; Thence N 00021156" W 476.55 feet to a point on the south right-of-way line of Franklin Road; Thence S 89028'47" E 1003.79 feet along said south right-of-way line to a point; Thence S 00013'01" E 882.87 feet to a point; Thence S 85031'47" E 235.00 feet to a point on the east line ofthe NE Y4 of the NW ~; Thence N 00013'01" W 899.06 feet along the east line of the NE ~ ofthe NW Ya to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 135.12 acres, more or less. AND INCLUDING A parcel of land being located in the NW ~ of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence S 89028'47" E 2706.25 feet to the northeast comer of the NW ~ (North 1'4 Corner) of said Section 16, the REAL POINT OF BEGINNING of this description; Thence S 00013 '01" E 939.06 feet along the east line of the NW ~ of said Section 16 to a point; Thence N 85031 '47" W 235.00 feet to a point; Thence N 00013'01" W 922.87 feet to a point on the north line of said NW 1/4; Thence S 89028'47" E 234.24 feet to the REAL POINT OF BEGINNING ofthis description; FIRST ADDENDUM TO THE DEVELOPMENTAGREEMrnNT (ORIGINAL CASE NO. AZ~99-0021 and new AZ-02.0 18) 3 Said parcel contains 5.006 acres, more or less. B. It is agreed between the "City" and "Developer" that the development project of Touchmark Living Centers, pertaining to the enclave of 5.00 acres, shall be fully incorporated into the original development agreement with Touchmark of the Treasure Valley, L.L.C, an Oregon limited liability company, and shall include the 5.00 acres with an L-O zoning. Additionally, the conditions and the specific uses that were allowed within the original development agreement are incorporated herein as if set forth in full and shall apply to the Toucbmark Living Centers 5.00 acre project. C. Except as modified by this Addendum, the Development Agreement between the parties dated May 1, 2001, is hereby ratified and confirmed. IT IS SO AGREED. {jlf.-;</; L DATED AND SIGNED this ( - day of tJt/'.e At j)Lj-, 2002. - - - ... - .. TOUCHMARK OF THE TREASURE VALLEY, L.L.c., an Oregon limited liability company DEVELOPER/OWNER BY }.l.M-, ;1. ~~ Werner G. Nistler, Jr., resident ofTouchmark of the Treasure Valley, L.L.C., an Oregon limited liability company Fffi.ST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGWAL CASE NO. AZ-99-0021 and new AZ-02-0 18) 4 STATE OF IDAHO, ) : ss. County of Ada, ) On this 1~ day of NOVfJ(Yl~ ,2002, before me, a Notary Public, in and for the said state, personally appeared Robert D. Corrie and William G. Berg, Jr., lmown or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) CGIIlQcrll .~tlON S <It_. ~l~;TA~4(;.A. .~::;. 0 - ~J:.. \~~. :t:.?/ "'V 't'" ~ II f 1 II III , f . 'Il. \ ' " iii \ I' 1/1 " \ 1/1 ". d'~..fom.,\.S--::~O" ..~....,.,;:,---- ~.. ..:'4QFlSJ... ....... gYtOJLOY[S~t~ Notary Public for Idaho Residing.!: .Ad~~ I ,~it<iw CommIssIOn ExpIres: .- ~O STATE OFrJer!lt1 ,) County of tJ~0-/vv.~) ss. On this ~ day of () tfz;ber- , 2002, before me, a Notary Public in and for said state, personally appeared Werner G. Nistler, Jr., President ofTouchmark of the Treasure Valley, L.L.C., an Oregon limited liability company, known or identified to me to be the person(s) who executed the instrument and aclmowledged to me that he did execute the foregoing instrument on behalf of said corporation. (S OFFICIAL SEAL THERESA M. GATES NOTARY PUBUC.OREGON . . COMMISSION NO. 34BBB9 MY COMMISSION EXPIRES AUG. 14. 2005 Z:\Work\M\Meridian\Meridian I 5360M\Bair Property Annex AZ-02-018\ADDENDUMtoDevAgmt.doc FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-99-0021 and new AZ-02-0 18) 5 BOISE IDAHO 12102l020t5~flN bEPUTY BonnieOberltir RECtJRDED - REOUEST \. MERIDIAN CiTY AMOUNT .00 11.1 llllllUIIIHIIIIIIIIIIIIIIIU1111 lB21433~37 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. 4. 5. City of Meridian Sutherland Farm, mc., an Idaho corporation, Owner/Developer Great Sky, Inc., an Idaho corporation, Owner/Developer Hill Way, mc., an Idaho corporation, Owner/Developer Shannon's Fine Food & Spirits, a California corporation, Owner/Developer THI~EVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 'I - day of A/ou€r1/3e/2., 2002, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and SUTHERLAND FARM, INC., an Idaho corporation, Great Sky, mc., an Idaho corporation, Hill Way, me., an Idaho corporation, whose addresses are 3895 Girdner Lane, Meridian, Idaho 83642, and SHANNON'S FINE FOOD & SPIRITS, a California corporation, whose address is P.O. Box 1338, San Mateo, California 94401, and all hereinafter called "OWNERlDEVELOPER". 1. RECITALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. S67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11:15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "OwnerlDeveloper" have submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District and (C-G) General Retail and Service DEVELOPMENT AGREEMENT (AZ-02-004) - 1 Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject 'Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record ofthe proceedings for the requested annexation and zoning designation 0 f the subj ect "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the t. "-6 day of .4o"1I~12002, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, .the "Findings" require the "OwnerlDeveloper" enter into a development agreement befo~e the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City' requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms and conditions ofthis development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in DEVELOPMENT AGREEMENT (AZ-02-004) - 2 accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes ofthis Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Sutherland Fann, Inc., an Idaho corporation, Great Sky, Inc., an Idaho corporation, Hill Way, Inc., an Idaho corporation, whose addresses are 3895 Girdner Lane, Meridian, Idaho 83642, and Shannon's Fine Food & Spirits, a California corporation, whose address is P.O. Box 1338, San Mateo, California 94401, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property" . 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian DEVELOPMENT AGREEMENT (AZ-02-004) - 3 City Code Section 11-7-2 (C and K) which are herein specified as follows: Development of 3 08 building lots consisting of 260 single family detached lots, 32 single-family attached lots, 11 office/multiple family lots, alldfive commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, an irrigation lot, tot lots, and landscaping lots, but the Parks and Recreation Department has requested that the three remaining lots in the southeast corner be deleted to allow for the minimum 5-acre park for a city owned Neighborhood Park. Development shall be consistellt with the Meridian Comprehensive Plan Generalized Lane Use Map width designates the property as ML'Ced Residential and Single-Family Residential, and when a detailed CUP is submitted the applicant shall go through the planned developmeut for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part of the PD and shall be zoned separately. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeveloper" is required to submit to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ-02-004) - 4 Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48- feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance ofa building permit (or other required permits), whichever occurs first. 3. Construct a 5- foot wide detached concrete sidewalk on Eagle Road located 2- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south of the north property line. The turn lane shall be constructed to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with DEVELOPMENT AGREEMENT (AZ-02-004) - 5 shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300-feet south ofthe north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. lO. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this app I i cation. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850-feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21- foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. b. South Bay Star Way is proposed to be located on Victory Road approximately 800-feet east of Eagle Road. South Bay Star Way shall be designed with 21- foot street secti ons on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12- feet wide) to total a minimum of a 1 OO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. c. Construct Easy Jet Drive west of South Nephrite Way as a commercial! industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete DEVELOPMENT AGREEMENT (AZ-02-004) - 6 sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately ISO-feet east of South Cobblestone Way, as proposed. This commercial/ industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed. 14. Extend HoUandale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. · The first stub street, South Pond Way, is proposed to stub to the south property line approximately I900-feet east of Eagle Road. · The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500-feet east of Eagle Road. · The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. · The fourth stub street, North Knapp Avenue is proposed to stub to the north property line approximately I,OOO-feet of the east property line. This stub street is proposed to cross the Ridenbaugh CanaL DEVELOPMENT AGREEMENT (AZ-02-004) ~ 7 · The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250-feet west of the east property line. N 17. Provide a paved temporary turnaround at the end of SouthjK'ureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The applicant shall road trust for one half of the t?tal cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to final platting and traffic warrants. 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5- foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a DEVELOPMENT AGREEMENT (AZ-02-004) - 8 minimum of 4-feet wide to total a minimum of a lOO-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing irrigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date ofthe ACHD Commission Date - May 8, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix Ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. DEVELOPMENT AGREEMENT (AZ-02-004) - 9 5. All internal & external roads shall have a radius of28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. If a pressurE: urban irrigation system will be owned, operated and maintained by the District, contact the District pertaining to the installation ofthe pressure urban system. 2. Fill out questionnaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. The neighborhood park located in Block 1, Lot 54 shall be far more functional and appealing as a subdivision amenity if the seven lots in the southeast comer were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5-acre park, the three remaining lots in the southeast comer shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. Ifthe maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site ifit was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and 2 inches of asphalt (specs available). b. Path shall be located at the base ofthe Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. DEVELOPMENT AGREEMENT (AZ-02-004) -10 d. The path shall be a minimum of 1 o feet from the back property lines. e. The property line fencing adj acent to the path shall be see through or a maximum of 4-feet-high, ifsolid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action of the City Council taken at their July 16, 2002 meeting as follows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots 1,5,6, 7,8,9, 10 and 11, not to exceed a peak height of25' or less. 2. The Memorandum of Understanding, dated June 13,2002, between the developer, Sutherland Farm, Inc. for Sutherland Farm Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. 3. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2,3,4,5,6, 7, and 8 of Block 9. 6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction ofthe bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion ofthe construction of the bridge. 7. The site which lies west ofthe residential area, and the commercial general use area to the north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is planned for and when the first phase along Victory Road. The water shall be available to anyone adjacent to it on either end. DEVELOPMENT AGREEMENT (AZ-02-004) - 11 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and if required, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part ofthe PD and shall be zoned separately. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default ofthe "Owner/Developer" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years ofthe date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.e. ~ 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ-02-004) - 12 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 1 0.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance ofthe covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach ofthis Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day DEVELOPMENT AGREEMENT (AZ-02-004) - 13 period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "OwnerlDeveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount oftime of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code 912-5-3, to insure that installation of the improvements, which the "OwnerlDeveloper" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "OwnerlDeveloper" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subj ect to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERlDEVELOPER: c/o City Engineer Sutherland Farm, Inc., an Idaho corporation DEVELOPMENT AGREEMENT (AZ-02-004) -14 City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 3895 Girdner Lane Meridian, Idaho 83642 with copy to: Great Sky, Inc., an Idaho corporation 3895 Girdner Lane Meridian, Idaho 83642 City Clerk City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Hill Way, Inc., an Idaho corporation 3895 Girdner Lane Meridian, Idaho 83642 Shannon's Fine Food & Spirits, a California Corporation P.O. Box 1338 San Mateo, California 94401 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein DEVELOPMENT AGREEMENT (AZ-02-004) - 15 expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INV ALIn PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-02-004) -16 ACKNO\VLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Attest: By: (f:ef2C Trevor C. Roberts, Secretary Attest: By: 0::~ Trevor C. Roberts, Secretary Attest:~ BY:~ OWNER/DEVELOPER: SUTHERLAND FARl\1, INC., AN IDAHO CORPORATION . GREAT SKY, INC., AN IDAHO CORPORATION By: ~.-:I, Louis G. Harding, President HILL WAY, INC., AN IDAHO CORPORATION .. ... p. By: "".J Louis G. Harding, President DEVELOPMENT AGREEMENT (AZ-02-004) - 17 Trevor C. Roberts, Secretary SHANNON'S FINE FOOD & SPIRITS, A CALIFORNIA CORPORATION By: CITY OF MERIDIAN BY: ~JY;Q. ~_ Mayor obert D. Come / /-ICt.-tJ '7 - Approved by City Council: [I - L ~ Attest: - .. ... ... DEVELOPMENT AGREEMENT (AZ-02-004) - 18 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of ,. he year 2002, before me, a Notary Publi rsonally appeared Louis G. Harding and Trevor C. Roberts, known or identifi me to be the President and Secretary of Sutherland Farm, Inc., and the s who executed the instrument and acknowledged to me that they havin cuted the same on behalf of said Sutherland Farm, Inc.. (SEAL) Notary Public for Idaho Residing at: Commission expires: STATEOFIDAHO ) :ss COUNTY OF ADA ) On this , in the year 2002, before me, a Notary Public, personally appeared Louis G. Harding evor C. Roberts, known or identified to me to be the President and S of Great Sky, Inc., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Great Sky, InCH (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT (AZ-02-004) - 19 STATE OF CALIFORNIA ) ) COUNTY OF SAN I\.1A TED ) On November 4. 2002, before me, Shirley W. Hoffman, Notary Public, personally appeared LOUIS G. HARDING, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person or entities upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1 @- ;H;~;:; ';-0;":"- J ,1 Commission" 1328734 f ~ Notary Public - California ~ ~. San Mateo County ~ My Comm. Expires Nov 7, 2005 U~__....____________ ~7I~ Notary Publ" STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) On November 4. 2002 , before me, Shirley W. Hoffman, Notary Public, personally appeared TREVOR C. ROBERTS, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person or entities upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. J~ - - - -- - ~ - - - ~ - ~ SHIRlEYW. HOFFMAN : . . Commission" 1328734 1 ~ '. Notary Public - California ~ .~... SanMateoCoun!:~' My Comm. Expires Nov 7, 2005 -------- ~#~ DEVELOPMENT AGREEMENT (AZ-02-004) - 19(a) STATE OF IDAHO ) :ss COUNTY OF ADA ) On this , in the year 2002, before me, otary Public, personally appeared Louis G. Harding and Trevor C. Ro own or identified to me to be the President and Secretary of Hi I , C., and the persons who executed the instrument and ac ged to me that they having executed the same on behalf of said Hill Way, Inc.. (SEAL) Notary Public for Idaho Residing at: Commission expires: STATE OF CALIFORNIA ) ;ss COUNTY OF SAN MATEO) On , before me personally appeared , personally known to me (or proved to me on the basis of satis ry evidence) to be the person(s) is/are subscribed to the within instrument and owledged to me that he/she/they executed the same in hislher/their authorized acity(ies), and that by hislher/their signatures on the instrument the person( s) e entity upon behalf of which the person( s) acted, executed the instrument. (SEAL) Signature of Notary DEVELOPMENT AGREEMENT (AZ-02-004) - 20 STATE OF IDAHO ) :ss County of Ada ) On this f~ day of riD V tryw,.(,{/t , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr. , known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ",,,,"'1330,, o,.oN S~.. ~. ----~-~ .. ..,.' ....,-0 " , O'IAJ? Jo...:c.... ~ / ~ ~ ,,""'0 oCil:1' ~- , 0 . ' , P I!I I 1 . P -l I .. II .. 1 · . .. . , C It 00 '.... br_~~' o. . ....:- Uti'""' ,,' . .~...~~--- rl"I .. ..~-4.c:OY 1>'... ......". ~~fYl(~~L Notary Public for Idaho . . Residing at: Ad//( [OUrt~/ JdcJtJ Commission expires: '1- 2K -05 Z:\Work\M\.Mcridi~n\Mcridjan 15360M\Suthcrfand Farm AZ-02-004 PP-Q2-004 CUP-02-005\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-02-004) - 21 EXHIBIT A Le!!al Description Of Property (R-4) Low Density Residential District A parcel of land located in a portion of Section 21, T. 3N., R. IE., B.M., Ada County, Idaho, and more particularly described as follows: COMMENCING at a found 5/8" pin marking the Center ~ of Section 21, from which a found 314" steel pipe marking the West ~ comer of said Section 21 bears North 89007'46" West, 2,667.47 feet; thence along the North-South center line of Section 21, South 00011 '16" West, 146.51 feet to the POINT OF BEGINNING; thence continuing along the center line of Section 21, South 00011' 16" West, 27.54 feet to a point; thence South 89009'44" East, 976.59 feet to a point; thence North 00055'58" East, 20.23 feet to a point; thence North 89028'48" East, 51.07 feet to the Northwest comer of Muir Woods Subdivision, as recorded in Plat Book 80, page 8553 of the Ada County, Idaho records; thence along the Westerly boundary of Muir Woods Subdivision and the prolongation thereof, South 00013'53" West, 1,183.48 feet to a point; thence North 89019'32" West, 1,027.00 feet to a point; thence North 89021 '54" West, 429.01 feet to a point; thence South 00014'06" West, 544.69 feet to a point; thence North 89035'51" West, 299.87 feet to a point; thence South 00014'06" West, 119.65 feet to a point; thence North 89035'53" West, 300.13 feet to a point; DEVELOPMENT AGREEMENT (AZ-02-004) - 22 thence North 00014'06" East, 74.38 feet to a point; thence North 89035'53" West, 300.00 feet to a point; thence South 00014'06" West, 751.00 feet to a point on the Southerly boundary of said Section 21; thence along said southerly boundary North 89035'53" West, 528.20 feet to a point; thence parallel to the westerly boundary of said Section 21 North 00000' 17" West, 1,346.82 feet to a point; thence North 89021 '54" West, 800.05 feet to a point on the Westerly boundary of Section 21; thence along said boundary, North 00000'01" West, 309.85 feet to a point; thence leaving the Westerly boundary of Section 21, South 89007'46" East, 525.00 feet to a point; thence North 00000'01" West, 253.90 feet to a point; thence North 89007'46" West, 525.00 feet to a point on the Westerly boundary of Section 21; thence along said boundary, North 00000'01" West, 590.05 feet to feet to a point on the center line of the Ridenbaugh Canal; thence along the center line of the Ridenbaugh Canal, South 68020'31" East, 47.62 feet to a point of curvature; thence along said curve to the right having a radius of 400.00 feet, a central angle of25055'00", a length of 180.93 feet, tangents of92.04 feet, and a long chord which bears South 55023'01" East, 179.39 feet to a point; thence South 42025'31" East, 87.1 0 feet to a point of curvature; DEVELOPMENT AGREEMENT (AZ-02-004) - 23 thence along said curve to the left having a radius of 120.00 feet, a central angle of83032'00", a length of 174.95 feet, a tangents ofl07.17 feet, and a long chord which bears South 84011 '31" East, 159.86 feet to a point; thence North 54002'29" East, 156.18 feet to a point of curvature; thence along said curve to the right having a radius of 500.00 feet, a central angle of 57054'35", a length of 505.36 feet, tangents of276.64 feet, and a long chord which bears North 82059'46" East, 484.12 feet to a point; thence South 68002'56" East, 352.10 feet to a point; thence South 88030'26" East, 230.10 feet to a point; thence South 81012 '02" East, 256.90 feet to a point of curvature; thence along said curve to the right having a radius of220.00 feet, a central angle 0[28058'00", a length of 111.22 feet, tangents of 56.83 feet, and a long chord which bears South 66043'02" East, 110.04 feet to a point; thence South 52014'02" East, 126.99 feet to a point of curvature; thence along said curve to the left having a radius of 100.00 feet, a central angle of 111046'57" , a length of 195.10 feet, tangents of 147.65 feet, and a long chord which bears North 71052'34" East, 165.59 feet to a point; thence North 15059' 10" East, 112.50 feet to a point of curvature; thence along said curve to the right having a radius of 250.00 feet, a central angle of 44045'13", a length of 195.27 feet, tangents of 102.92 feet, and a long chord which bears North 38021 '47" East, 190.35 feet to a point; thence North 60044'24" East, 17.46 feet to a point of curvature; thence along said curve to the right having a radius of 350.00 feet, a central angle of 31 032 '29", a length ofl92.67 feet, tangents of 98.85 feet, and a long chord which bears North 76030'38" East, 190.25 feet to a point; thence South 87043'08" East, 131.49 feet to the POINT OF BEGINNING; Said parcel contains 116.7 acres, more or less. DEVELOPMENT AGREEMENT (AZ-02-004) - 24 And (C-G) General Retail and Service Commercial A parcel of land located in a portion of Section 21, T.3N., R.1E., RM., Ada County, Idaho, and more particularly described as follows: COMMENCING at a found 74" steel pipe marking the West 'l4 corner of said Section 21; from which a found 5/8" pin marking the Center 'l4 of Section 21 bears South 89001'46" East, 2667.47 feet; thence along the East- West center line of Section 21, South 89001' 46" East, t,260.42 feet to a found 5/8" iron pin with a plastic cap stamped "LS 7876", the POINT OF BEGINNING; thence continuing along the East-West center line of Section 21, South 89001'46" East, 331 feet to a set 5/8" iron pin with a plastic cap stamped "HODGE PLS 8575"; thence leaving the East-West center line of Section 21, North 00013'03" East, 183.13 feet to a set 5/8" iron pin with a plastic cap stamped "HODGE PLS 8575"; thence along a non-tangent curve to the right having a radius of 870.00 feet, a central angle of 04036'55", a length of70.08 feet, tangents of35.06 feet, and a long chord which bears North 87049'16" East, 70.06 feet to a set 5/8" iron pin with a plastic cap stamped "HODGE PLS 8575"; thence South 00013'03" West, 186.86 feet to a point on the East-West center line of Section 21, marked by a found 5/8" iron pin with a plastic cap stamped "LS 972"; thence along the East-West center line of Section 21, South 89007'46" East, 1,333.73 feet to the Center 'l4 ofSection21, marked by a found 5/8" iron pin with a set brass cap stamped "T3NRIECl/4SEC21 PLS8575 2001"; thence along the North-South center line of Section 21, South 00011 '16" West, 146.51 feet to a point on the center line of the Ridenbaugh Canal; thence along the center lien of the Ridenbaugh Canal the following courses and distances; DEVELOPMENT AGREEMENT (AZ-02-004) - 25 North 87043 '08" West, 131.49 feet to a point of curvature; Along a curve to the left having a radius of350.00 feet, a central angle of 31032 '29", a length of 192.67 feet, tangents of 98.85 feet, and a long chord which bears South 76030'38" West, 190.25 feet; South 60044'24" West, 17.46 feet to a point of curvature; Along a curve to the left having a radius of250.00 feet, a central angle of 44045'13", a length of 195.27 feet, tangents of 102.92 feet, and a long chord which bears South 38021'47" West, 190.35 feet; South 15059' 10" West, 11250 feet to a point of curvature; Along a curve to the right having a radius of 100.00 feet, a central angle of 111046'57", a length of 195.10 feet, tangents of 147.65 feet, and a long chord which bears South 71052'34" West, 165.59 feet; North 52014'02" West, 126.99 feet to a point; Along a curve to the left having a radius of220.00 feet, a central angle of 28058'00", a length of 111.22 feet, tangents of 56.83 feet, and a long chord which bears North 66043'02" West, 110.04 feet; North 81012'02" West, 256.90 feet to an angle point; North 88030'26" West, 230.10 feet to an angle point; North 68002'56" West, 75.08 feet to an angle point; thence leaving the center line ofthe Ridenbaugh Canal, North 21057'04" East, 60.06 feet to an angle point; thence North 23001 '29" West, 91.35 feet to an angle point; thence North 00000'04" West, 190.06 feet to the POINT OF BEGINNING. Said parcel contains 11.04 acres (480,936.87 square feet), more or less. DEVELOPMENT AGREEMENT (AZ-02-004) - 26 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-02-004) - 27 BEFORE THE MERIDIAN CITY COUNCIL C/C 07-16-02 IN THE MATTER OF THE ) APPLICATION OF SUTHERLAND ) FARM, INC., THE APPLICATION ) FOR ANNEXATION AND ZONING ) OF 127.74 ACRES FOR PROPOSED ) SUTHERLAND FARM, LOCATED ) A 1/2 MILE SOUTH OF ) OVERLAND ROAD ON THE EAST ) SIDE OF EAGLE ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-02-004 FINDINGS OF FACT A1'ID CONCLUSIONS OF LA \V AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 16, 2002, at the hour of6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code 9S 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The 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, and the Comprehensive Plan ofthe City of Meridian adopted December 21, 1993, Ordinance No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONmG/SUTIIERLAND FARM - (AZ-02-004) 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 127.74 acres in size, is located a 1/2 mile south ofOverIand Road on the east side of Eagle Road, all within the Area of Irnpact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Sutherland Fann, Inc., and the applicant is Sutherland Farm, Inc., of San Mateo, California. 5. The property is presently zoned by Ada County as RUT and R-l, and consists of vacant land. 6. The Applicant requests the property be zoned as R-4 for the property south of the Ridenbaugh Canal and C-G to the north of the Ridenbaugh Canal, with the intent to develop 308 building lots consisting of260 single family detached lots, 32 single-family attached lots, II office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal, alleys, an irrigation lot, tot lots, and landscaping lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential and Single-Family Residential. 7. The subject property is bordered to the north and west by property within the City limits zoned R-4 and C-C and C-G, and to the east and south by Ada County property zoned RUT, R-I and R-4. 8. The Ridenbaugh Canal is a significant feature of major importance that affects the consideration of this application. FlNDrNGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTIIERLAND FARM - (AZ-02-004) 9. The City Council recognizes the concerns of neighbors which were expressed at the Planning and Zoning meeting, and in their petition and/or letter dated January 26,2002, and May 11, 2002, of Lee Coulson, of Dr. and Mrs. Scott H. Pressman dated May 11, 2002, ofMr. and Mrs. Loren E. Hornbaker received April 3, 2002, and of Carolyn Reinke dated July 5, 2002. 10. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows; 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7 -517 . Wells may be used for non- domestic purposes such as landscape irrigation. 3. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet ofright~of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the [mal plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance .of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2~feet within the new right-of-way. Coordinate the location and elevation ofthe sidewalk with District staff. If the sidewalk meanders outside of the right-of~way, provide an easement for the sidewalk. FlNDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND F.ARM - (AZ-02-004) 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south of the north property line. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a ce.nter turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300- feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850- feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum ofa tOO-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. FINDiNGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FAR1vf - (AZ-02-004) b. South Bay Star Way is proposed to be located on Victory Road approximately SOO-feet east of Eagle Road. South Bay Star Way shall be designed with 21-foot street sections on either side 0 f a center median. The median shall be constructed a minimum of 4-feet wide (ma..ximum 12-feet wide) to total a minimum ofa 100- square foot area. The applicant will be required to dedicate 54-feet ofright-of- way plus the additional width of the median. c. Construct Easy Jet Drive west of South Nephrite Way as a commercial/industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete side\valk within 54-feet of right- of- way. 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on . these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial I industrial roadway that intersects East Copper Point Way approximately ISO-feet east of South Cobblestone Way, as proposed. This commercial / industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of-way, as proposed. 14. Extend Hollandale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. · The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-OZ.004) · The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500-feet east of Eagle Road. · The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. · The fourth stub street, North Knapp A venue is proposed to stub to the north property line approximately 1,000-feet of the east property line. This stub street is proposed to cross the Ridenbaugh Canal. · The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Farms to the North property line. The applicant shall road trust for one half of the total cost of the plans, material and labor to construct the bridge. The road trust or the construction ofthe bridge shall be phased according to final platting and traffic warrants. 19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be improved by paving the full width and length of the right-of-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum ofa 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 23. Any proposed landscape islands/medians within the public right~of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing irrigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relo.cation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 29. Comply with all the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Unifonn Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. All internal & external roads shall have a radius of28' inside and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG/SUTIffiRLAND FARM - (AZ-02-004) 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If a pressure urban irrigation system will be owned, operated and maintained by the District, contact the District pertaining to the installation of the pressure urban system. 2. Fill out questionnaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. The neighborI:-ood park located in Block 1, Lot 54 shall be far more functional and appealing as a subdivision amenity ifthe seven lots in the southeast corner were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the S- acre park, the three remaining lots in the southeast comer shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. The Parks Department has a S-acre minimum for a city owned Neighborhood Park. If the maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site if it was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and 2 inches of asphalt (specs available). b. Path shall be located at the base of the Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. d. The path shall be a minimum of lOfeet from the back property lines. e. The property line fencing adjacent to the path shall be see through or a maximum of 4-feet-high, if solid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action of the City Council taken at their July 16,2002 meeting as follows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and FWDIN'GS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02~004) Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots 1,5,6, 7, 8,9, 10 and 11, not to exceed a peak: height of25' or less. 2. The Memorandum of Understanding, dated June 13,2002, between the developer, Sutherland Farm, Inc. for Sutherland Fann Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. 3. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4, 5, 6, 7, and 8 of Block 9. 6. The proposed. bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction of the bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion of the construction of the bridge. 7. The site which lies west of the residential area, and the commercial general use area to the north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is planned for and when the first phase along Victory Road. The water shall be available to anyone adjacent to it on either end. 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and if required, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part of the PD and shall be zoned separately. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. la, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning of the subject real property as General Retail and Service Commercial (C-G) and Low Density Residential District (RA) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 14. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Goal 3: To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character. Goal 9: To encourage a balance of land use patterns to insure that revenues pay for services. Economic Development 1. I The City of Meridian shall make every effort to create a positive atmosphere that encourages.. .commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use 1.10U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.4U - Encourage sidewalks and paved streets for all existing neighborhoods... 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EP A. 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14 Because these areas are near 1-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2. I U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U Manage and prevent unsuitable uses along drainage ways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Fil'IDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Communi tv Design 1.3 Open space areas within all development should be encouraged. 1A Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3 U Encourage the beautification of streets, parking lots. . .etc. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promo te we 11 ~p lanned and well -designed affordab Ie housing in all Meridian neighborhoods. Transportation Chapter 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.18 - As Planned Development methods and standards are implemented by the City of Meridian, . variations pertaining to planned development - maximum density, dimensional standards, and other requirements - shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental obj ectives are- met. 15. It is found that the requested zoning designations, R-4 to the south of the Ridenbaugh Canal and C-G to the north of the Ridenbaugh Canal, is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be Mixed Residential and Single Family ResidentiaL Although, the Schedule of Use Control (MCCII-8-1) states that only detached single-family dwellings are permitted within the R-4 zone, the Planned Development Ordinance allows a mixture of different housing types, (townhouses, duplexes and detached single-family dwellings) within a single planned development, regardless of the underlying zone, so long as the overall density of the underlying zone is not exceeded (MCC12-6-4 A). Accordingly, the overall density ofthe residential portion ofthe planned development is approximately three dwelling units per acre. 16. No plans to re-zone the property in the future have been presented, and it is not anticipated that an application for re-zone will be received in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 17. It is found that Sutherland Farm will be developed in a manner that will be allowed under the new zoning and according to the Planned Development Standards. 18. It is found that recent approval ofthe annexation and zoning of Silverstone II on the north side 0 f the Ridenbaugh Canal would dictate that the adjacent property to the east should be similarly zoned and developed (as proposed). The Ridenbaugh Canal provides a natural buffer/separation between land uses. Muir Woods Subdivision to the east has provided a stub-street at the Sutherland Farm western property line in expectation of similar development. 19. It is found that general vicinity provides a mix 0 f commercial uses and standard to estate sized residential lots. The intended character of the vicinity, as noted on the Generalized Land Us~ Map, is for mixed housing projects, detached single-family lots and mixed uses north of the Ridenbaugh CanaL It is also found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character ofthe surrounding area. 20. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 21. It is found that the subj ect property will be served adequately by all essential public facilities and services, with the exception of water service. Computer modeling indicates that existing available fire flows and pressures will not be adequate to serve the CommerciaIJoffice/rnulti-family area of the subdivision at present. The City of Meridian will be bringing a new supply well on line in the Silverstone project within the next six to eight months, and with the development ofthe Silverstone project, a new main will extend under the Ridenbaugh Canal. According to the computer model, once these two items are complete fire flows and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM. (AZ-02-004) pressures will be adequate to serve the higher demands of the above mentioned areas. 22. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. ')... _J. It is found that the proposed uses will create additional traffic on both Eagle and Victory Roads; however, sit is not believed that the increase in traffic will be excessive. It is also not anticipated that the proposed development will generate traffic. noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 24. It is found that the proposed vehicular approach on Eagle Road aligns with the existing entry into Thousand Springs Subdivision, and should not appreciably interfere with traffic on the surrounding streets. The other major access (Victory) and stub-streets provided for within the plat do not appear to be designed in a manner that would create interference with traffic on surrounding streets. The Applicant has provided a number of stub-streets to other properties for interconnectivity in the future. 25. It is found that no natural or scenic features of major importance will be lost or damaged by approval oftrus annexation request. The overall design of the subject property includes a pathway adjacent to the Ridenbaugh Canal. 26. It is found that the annexation of this property would be in the best interest of the City by providing a variety of housing types, the addition of employment opportunities and the creation of additional recreation facilities (pathways and a subdivision park). CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adj acent to city boundaries and that said FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 3: To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character. Goal 9; To encourage a balance ofland use patterns to insure that revenues pay for services. Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.. . commercial enterprises to locate in Meridian. 1.3 The character. site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 3.1 U - Approve quality housing projects that meet the needs of all economic levels. 3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . . Land Use 1.10U Promote the design of attractive roadway entryway areas into Meridian which will clearly FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTIN"G APPLICATION FOR ANNEXATION AND ZONmG/SUTHERLAND FARM - (AZ-02~004) identify the community. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.4U - Encourage sidewalks and paved streets for all existing neighborhoods.. . 3.8 industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the u.s. EP A. 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.15 Strip development within this mixed-use a rea is not in compliance with the goals and policies of the Comprehensive Plan. 5.16 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.17 Because these areas are near I-84 and Franklin Roads, high-quality visual appearance is . . essentiaL All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.1 U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U Manage and prevent unsuitable uses along drainage ways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian watelWays. Community Design 1.5 Open space areas within all development should be encouraged. 1.6 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. . .etc. 6.2U - Pedestrian access connectors will be required in all new development to link subdivisions together to promote neighborhood identity. 6.11 U - Promote well-p lanned and well-designed affordable housing in all Meridian neighborhoods. Transportation Chapter 1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. 1.14 - Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.18 - As Planned Development methods and standards are implemented by the City of Meridian, variations pertaining to planned development - maximum density, dimensional standards, and other requirements - shall not exceed 25% of the existing requirements, and shall be recommended when one or more of the Planned Development design and developmental FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) objectives are met. 5. The zoning of Low Density Residential District (R-4) and General Retail and Service Commercial (C-G) are defined in the Zoning Ordinance at ~ 11-7-2 C and K as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. And C-G General Retail And Service Commercial District: The purpose of the C~G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development 0 f the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance ofthe City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NO\V, THEREFORE, BASED UPON THE ABOVE Ai~D FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA \V, the City Council does hereby Order and this does Order: L The applicant's request for annexation and zoning of approximately 127.74 acres to Low Density Residential District (R-4) and General Retail and Service Commercial (C~G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 127.74 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Essential City services are available to the subject property. 2. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5 7 517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. A development agreement shall be required as part ofthis annexation request. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTIN"G APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building pennit (or other required permits), whichever occurs first. 2. Dedicate 48-feet ofright-of-way from the centerline of Victory Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right.,of-way, provide an easement for the sidewalk. 5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever should occur first for the proposed shared driveway located on Eagle Road approximately 300-feet south ofthe north property line. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or road trust for the improvements, whichever should occur first. The turn lane shall be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as proposed. This proposed shared-driveway is located on Eagle Road approximately 300- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTIIERLAND FARM - (AZ-02-004) feet south of the north property line. This proposed driveway meets District policy and is approved with this application. 9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of Eagle Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 10. Construct two main entrances to the subdivision, as proposed. The proposed main entrance locations meet current District policy and are approved with this application. a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850- feet south of the north property line and is proposed to align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. b. South Bay Star Way is proposed to be located on Victory Road approximately 800-feet east of Eagle Road. South Bay Star Way shall be designed with 2I-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right- of- way plus the additional width of the median. c. Construct Easy Jet Drive west of South Nephrite Way as a commercial/industrial roadway, as proposed. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet ofright-of- way. , 11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a residential collector street with no front-on housing. This roadway shall be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12. Construct a commercial/industrial roadway that intersects East Copper Point Way approximately ISO-feet east of South Cobblestone Way, as proposed. This commercial / industrial roadway meets District policy and is approved with this application. The roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTIN"G APPLICATION FOR ANNEXATION AND ZONING/SU1HERLAND FARM - (AZ-02-004) 13. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of-way, as proposed. 14. Extend HoUandale Street, an existing stub street into the site at the east property line that is a part of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed. " 15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall be placed on the bollards that states, "this road will become an open connection when a public road to Overland Road is constructed." 16. Construct five stub streets, as proposed. · The first stub street, South Pond Way, is proposed to stub to the south property line approximately 1900-feet east of Eagle Road. · The second stub street, South Mueyah Way, is proposed to stub to the south property line approximately 500-feet east of Eagle Road. · The third stub street, East Publisher Street, is proposed to stub to the west property line approximately 730-feet north of Victory Road. · The fourth stub street, North Knapp Avenue is proposed to stub to the north property line approximately 1,000-feet of the east property line. This stub street is proposed to cross the Ridenbaugh Canal. · The fifth stub street, East Copper Point Way is proposed to remain as a stub at the north property line approximately 1,250-feet west of the east property line. 17. Provide a paved temporary turnaround at the end of South Mureyah Way with a temporary easement provided to the District and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 18. Submit preliminary drawings for the cost of constructing the bridge from Sutherland Fanns to the North property line. The applicant shall road trust for one half of the total cost of the plans, material and labor to construct the bridge. The road trust or the construction of the bridge shall be phased according to [mal platting and traffic warrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONmG/SUTHERLAND FARM - (AZ-02-004) 19. Constmct North Knapp Avenue as 36-foot street sections \vith curb, gutter and 5-foot wide concrete sidewalks. The applicant shall be designated this roadway as a residential collector street with no front-on housing with access restrictions for these street segments stated on the final plat. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be improved by paving the full width and length of the right-o f-way. Dedication of clear title to the right-of-way, improvement of the alley, and acceptance of the improvement by the District as meeting its construction standards are required for all alleys contained in a proposed development. 21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Maner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a design of the turnaround for review and approval by District staff. 22. The residential turnarounds shall be constructed to provide a minimum turning radius of 45-feet and the commercial turnarounds shall be constructed to provide a minimum turning radius of 55-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. Dedicate 54-feet of right-of-way plus the additional width ofthe median. 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. 25. Any existing irrigation facilities shall be relocated outside of the right-of-way. 26. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 27. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 28. Other than the access points specifically approved with this application, direct lot or parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) 29. Comply with aU the Standard Requirements listed within the ACHD report with the date of the ACHD Commission Date - May 8,2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal &.external roads shall have a radius of28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. 8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If a pressure urban imgation system will be owned, operated and maintained by the District, contact the District pertaining to the installation of the pressure urban system. 2. Fill out questionnaire and return to the District to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urbau irrigation system. Adopt the Recommendations of the Parks and Recreation Department as follows: 1. The neighborhood park located in Block 1, Lot 54 shall be far more functional and appealing as a subdivision amenity if the seven lots in the southeast comer were eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5- acre park, the three remaining lots in the southeast comer shall need to be deleted. This would expand the visibility corridor and increase the park size to approximately 5 acres. The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. rfthe FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) maintenance costs for the 5-acre private park were a burden for the homeowners in the future, the Parks Department would consider maintaining the site if it was deeded to the City. 2. The Pathway shall be constructed as follows: a. Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and 2 inches of asphalt (specs available). b. Path shall be located at the base of the Ridenbaugh Canal bank or adjacent to the canal maintenance road. c. A 6-foot-high medal fence shall be installed between the path and the canal. d. The path shall be a minimum of 10feet from the back property lines. e. The property line fencing adj acent to the path shall be see through or a maximum of 4-feet-high, if solid. f. Bollards, garbage cans, and benches shall be installed per park department standards. Adopt the action of the City Council taken at their July 16, 2002 meeting as follows: 1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots 1,5,6, 7, 8,9, 10 and 11, not to exceed a peak height of25' or less. 2. The Memorandum of Understanding, dated June 13,2002, between the developer, Sutherland Farm, Inc. for Sutherland Farm Subdivision, and Mr. Gale Sasser, pertaining to the design elements for the interface between the two properties to ensure compatibility, shall be complied with by Sutherland Farm, Inc. as agreed upon between the two parties. 3. An 8 foot cedar fence shall be built along the entire length of the western and northern property boundaries. 4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and agreed upon between the applicant and adjacent property owners. 5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4, 5, 6, 7, and 8 of Block 9. 6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for construction of the bridge prior to signature on the final plat. ACHD shall determine a Letter of Credit amount that the applicant shall post to pay their portion of the construction of the bridge. 7. The site which lies west of the residential area, and the commercial general use area to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004) north, shall require conditional use permits. 8. Applicant shall install water along their frontage, and when the water is extended from Eagle Road through the development, the water shall be used for future phases, and shall be positioned along the public road that is planned for and when the first phase along Victory Road. The water shall be available to anyone adjacent to it on either end. 9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and if required, a Well Development Latecomers Fee shall be entered into. 10. Applicant shall provide temporary turnarounds for the designated stub streets which are over 150 feet in length. 11. Applicant has only submitted a conceptual plan on the office uses to date, at a later time applicant shall submit a detailed CUP for the planned development for the office uses. However, the conunercial uses north of the Ridenbaugh Canal are not proposed to be part ofthe PD and shall be zoned separately. 4. The CIty Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject ofthe application to Low Density Residential District (R-4) and General Retail and Service Commercial District (C~G), and Meridian City Code S 11-7-2 C and K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this. Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the armexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG/SUlliERLAND FARM - (AZA02-004) provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 6..1.6- day of /1u~r-l- v ,2002. ROLL CALL COUNCILMAi"T KEITH BIRD VOTED~t<- COUNCILWOMAN TAMMY deWEERD VOTED$~ COUNCIL WOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM L.M. NARY VOTED~^- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ,&'-6 -t/2- - VOTED MOTION: APPROVED~APPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. \\\ll11l111If/I/ \\\ .. III/ \\\\ _f Of rv1cRI'D 1,1/ " :'<, '\ /, ~ /... ~ . $'..... a ~POR. "'1~ ~ ~ A f2 ~ ~cP "l)'~ ~ B . :idt~~/)e1' ~ted: /O~/.f-v4' "1 City Clerk ' ~ = ~ ~ ~ S~Qv "\ o~ ~:c Sr 1<:'\ . '.$ ~. ;.y .;,J ~'<' ~.... /, c \9 ,'" '/'/. V'" '--..{ \ ,...' Z:\Work\M\Meridbn\Meridian 15J60M\Sutherland Farm AZ..o2..o04 PP..o2..o04 CUP..o2-D05\AZFfC1&ariler..dbc :. , '.:.\1\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 26 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUTIIERLAND FARM - (AZ-02-004) City of Meridian Public Works Dept.. it'<~ ~:' " '- ~ ~ ' Cc.. --"" A- ;~, .... ;.. ~-~'r . ~ ~. 2 .z) "~'~1~-- 1 2;~., C1'.l'}. -. -.. ..." (.~"'~-...,.", ~..... ? '- ...\i Memo To: Mayor Corrie and City Clerk From: Brad Watson, P.E. CC: File Date: 11/21/2002 Re: Approved Items for Signature I am fOIWarding to you for your signature the following documents that have been approved by City Council: 1. Agreement for Professional Services - Joan Meitl. NPDES Phase II Storm Water Permit, approved by Council November 19, 2002. 2. Agreement for Professional Services - Trout Architects, MUSS CounterJReceDtion Area Remodel Design, approved by Council November 19,2002. Please forward to Will or Sharon for their attestation when complete. WILL or SHARON: Please retum originals to me. Once they are fully signed and/or recorded I will retum to you for your files Than~/v From the desk of... Brad Wabon, P.E. City Engioeel' Meridian Public Weds Depar1nIeDt 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 887.1297 watsonb@cimeridian.idus PERSONAL SERVICES CONTRACT AGREETvlENT Project: Assistance with NPDES Storm Water Permit for City of Meridian Service Provider (SP): Joan Meitl Address: 1110 E. Bannock St. Boise, Idaho 83712 Consultant: WITNESSETH, that the parties hereto for the consideration herein named, do mutually agree as follows: 1. Statement of Work: The SP shall perform the work described herein for the consideration stipulated. SERVICES TO BE PROVIDED: Assist the City of Meridian (City) in the development of a Storm Water Management Plan and the preparation of an application for a National Pollutant Discharge Elimination System (NPDES) Storm Water Permit, as described in the attached workplan. 2. Scope of Services: SP shall undertake the services identified above and in the attached workplan in such a manner that the above activities can be completed in a timely manner. 3. Amount of Contract: In an estimated amount of: Not To Exceed $3,400. 4. Term of Contract The work to be performed under this contract shall be completed within a period offive months following approval by Council, unless sooner terminated as herein provided. 5. Notices: Any and all notices required to be given by either ofthe 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 Ave. Meridian, ill 83642 Service provider: Joan M. Meitl 1110 E. Bannock St. Boise, Idaho 83712 6. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 7. Assignment: It is expressly agreed and understood by the parties hereto, that SP shall not have the right to assign, transfer, hypothecate or sell an of its rights under this Agreement except upon the prior express written consent of City. 8. Discrimination Prohibited: In performing the Services required herein, SP shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. 9. Compliance with Laws: In performing the scope of services required hereunder, SP shall comply with an applicable laws, ordinances, and codes of Federal, State, and local governments. 10. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the SP's compensation, which are mutually agreed upon by and between the City and the SP, shall be incorporated in written amendments to this Agreement. 11. Termination for Cause: If, through any cause, the SP shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SP shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the SP of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. If this agreement is terminated for cause SP shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the SP shall not be relieved of liability to the City of Meridian for damages sustained by the City by virtue of any breach of this Agreement by the SP, and the City may withhold any payments to the SP for the purposed of set-off until such time as the exact amount of damages due the City from the SP is determined. 12. Termination for Convenience of City. The City may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing to the SP. If the Agreement is terminated by the City as provided herein, SP will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of SP covered by this Agreement, less payment of compensation previously made. 13. Payment: P A Y1vfENT SCHEDULE FOR SERVICES A. The SP shall bill for services as completed but no more frequently than once per month. The amount of the bill shall be in accordance with the actual services completed, not to exceed a total amount as outlined in this agreement, and the City shall timely reimburse the SP for said completed services. COMPENSATION B. The City agrees to compensate SP at the hourly rate of fifty dollars ($50.00) per hour. This hourly rate includes direct labor, general and administrative overhead, profit margin, ordinary computer time, office supplies, local communication charges, and travel costs within 30 miles of Boise. No other reimbursable costs are anticipated. 14. Renewal: This agreement may be renewed, at the existing rate, upon mutual agreement by both parties. 15. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 16. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. 17. Indemnification and Insurance: SP shall indemnify and save and hold harmless the City of Meridian from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses causes or incurred by SP, and not caused by or arising out of the tortuous conduct of the City or its employees. END OF AGREEMENT .. IN WITNESS WHEREOF, the City of Meridian and the SP have executed this Agreement as of the date first above written. City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Service Provider: Joan Meitl 1110 E. Bannock St. Boise, In 83712 Approved By Council: - - Proposal to City of Merid ian) Idaho By Joan Meitl For Services Implementing Federal Phase II Storm Water Regulatory Requirements Project Description The purpose of this proposal is to outline an approach for providing assistance to the City of Meridian to achieve compliance with the National Pollution Discharge Elimination System (NPDES) permit application requirements of Section 402(p) of the Clean Water Act. These regulations require the City of Meridian to submit a storm water management plan to the Environmental Protection Agency by March 10, 2003 that describes the activities, timelines, and assessment methods that will be used to comply with the federal regulations. The proposal also addresses complimentary activities that will address the requirements of the Total Maximum Daily Load (TMDL) developed by the Department of Environmental Quality (DEQ) forthe Lower Boise River. Task 1. Assessment of Existing Information and Capabilities The consultant will determine which receiving waters are impacted by storm water runoff with the Meridian city limits. The consultant will also assess existing regulations, policies, and programs to identify existing capabilities and needs with regard to regulatory requirements. This will be accomplished through interviews with appropriate City staff; and a review of the City Code, policies, standards, procedures, guidance documents, records and other City documents. Deliverable: Compliance evaluation report Task 2. Identification of potential partners The consultant will identify opportunities for cooperation with other local and regional entities in meeting regulatory requirements. The consultant will review storm water and drainage-related activities of other entities within the Meridian city limits to determine functions provided by these entities and their applicability to satisfying the federal requirements. Deliverable: List of potential partners and their capabilities, Identification of permit application approach Task 2. Develop Storm Water Management Plan. The consultant will facilitate the development of a Storm Water Management Plan. The approach to plan development will be to build on existing programs 1 and capabilities of the City (and any cooperating entities) and fill whatever gaps exist in order to achieve compliance with regulatory and permitting requirements. Development of the Plan will also include consideration of the requirements of the Lower Boise River TMDL Implementation Plan. The Plan will address the six minimum measures required by the federal regulations. The Plan will describe measurable goals for each of the six control measures, evaluation methods to assess progress towards meeting those goals, an implementation schedule of activities or frequency of activities, and record keeping and reporting procedures. The consultant will develop preliminary costs estimates for implementation of the Storm Water Management Plan and funding alternatives. A draft plan will be developed based on input from City staff. The consultant will facilitate a meeting with City staff to review the draft plan, resolve problem areas, and discuss changes. This work session will also include an identification of how each of the program activities described in the Storm Water Management Plan will be accomplished, the responsible entity, and the timeframes for completion. The Plan will be revised as needed. The consultant will work with City staff to organize a combination open house/public hearing to provide information to the general public and stakeholders about the proposed Plan and receive comments. An emphasis will be placed on notifying stakeholders including developers, builders, and contractors. The consultant will assist City staff in briefing City Council members about the Plan, its basis, and related TMDL activities. Deliverables: Storm Water Management Plan with program budget estimates, organization of open house/public hearing, presentation to City Council. Task Estimated Time for Deliverables Com letion of Task of existing 40 hours Compliance Evaluation Re ort List of potential partners and ca abilities 1. Assessment ca abilities 2. Identification of potential 8 hours a rtners Subtotal 68 hours House, 3. Development of Storm 20 hours Water Mana ement Plan 2 Project Budget Schedule The rate for the proposed services is $50 an hour. This rate includes transportation expenses within 30 miles of Boise. All other expenses will be billed at cost. The City of Meridian will be billed only for the hours actually worked. The consultant can begin work as soon as Meridian issues a Notice to Proceed. The Compliance Evaluation Report will be provided to Meridian for review no later than November 30. Completion of other tasks will depend on whether the City elects to pursue a separate permit application or become a co-applicant with other entities. '"' j ".--. .~ ~ E 0) \.- .". Q) .~ · · 0... a1 ~, .~ \. "'-I '-- · -- ~ ~.s ~-I co 0 . .... C$O) Q) ~ EE~ Q)'sCf) o(/)~ C N · ~Q)lb s:. tJ) C C ~.g uJo...~ 4~ 0...0- u.1.2" \J') c o .,p to - :J ~ Q) "- CJ'\- clS OJ c ::::: Q) CO E 65 -- "- Q) .- :J~ (/l Q) :D.en c c -~ .!2CS 0-0 U .s .- 1 ~~ 1QJj ~ tn' . 0"1 \0 c ro - 0- ~ Q) E Q) O'l ro c ro \J') E. c '- o <U .,p ~ .!2~ :J ~E \.- 0 c::(fi1 fuo :!lope co .- 0 o ~ a,p (.9cu19 egC. to Q) ~ __ E Q)"O-<U \--E.O- cnooE c """"" .9 \ \ . - o .....-\ JQ "- -to \fi~ .0 Cb Q).\-I en-- tOE ,,-"- Q)Q) .s;o.. ~'- jg --co ~~ 5E --e 0 S1t, .2<'1 8~ CCO ._ s::. 'OJ "'0 0... C (/l C Q):::: Q) co -:::: "'0 ._ \l- ro ~ ~-o Q) ~ (Q C "'0 co ~ co c::( ~ ~ ~fu (f) C Q) >:..../ --- Q-- tIl () 0.. ('I") C co EO o .- Q~ ._ '/" 0 ~ ~\ . TROUT ARCHITECTS October 7, 2002 - CHARTERED Leslie Howard City of Meridian Billing Department 33 East Idaho Street Meridian, ID 83642 - Letter of Agreement - City Hall, Billing Dept. Reception Desk Project #2002.014 Leslie, Thank you for selecting Trout Architects/Chartered to provide design and construction document services for the Billing Dept. new reception desk. Per our discussions, Trout Architects/Chartered and the Owners, The City of Meridian, agree to the following. This Agreement is made October 7, 2002 between the Owners, The City of Meridian and the Architect, Trout Architects/Chartered for the following Project: City Hall, Billing Dept. Reception Desk Project #2002.0]4 ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shaH provide limited architectural design and construction document services for the project based upon Trout Architects 'Desk Study #2' dated April] 2, 2002 for the Meridian City Hall billing department front lobby. See attachment 'A'. Structural, mechanical and electrical design services are not included within these services. Services shall be performed in a manner consistent with professional skill and care. The Architect will assist the Owner in development of general reception desk cabinetry planning and construction document services. Limited supervision will be provided during the construction process. ARTICLE 2 OWNER'S RESPONSIBiliTIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the project, and shall establish a budget with reasonable contingencies that meets the project requirements. The Owner shall employ other consultants such as civil, structural, mechanical and/or electrical engineering as required by the Architect and for the architectural design. The Owner shall furnish for the benefit of the project all legal, accounting and insurance counseling services. 1030 LA POINTE. BOISE. JD · 83706. (208)344-8646. FAX (208)344-7250 e-mail design@lroutarehileels.eom www.lroularehiteels.eom The Architect will file documents required for the approval of governmental authorities. ARTICLE 3 USE OF ARCHITECrs DOCUMENTS Documents prepared by the Architect are instruments of service for use solely with respect to this project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies of the Architect's construction documents for information and reference in connection with the Owner's use and occupancy of the Project. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT Either the Owner or the Architect may terminate this Agreement at any time with or without cause upon giving the other party seven (7) calendar days prior written notice. The Owner shall pay the Architect for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of the Agreement. ARTICLE 5 LIMIT OF LIABILITY The Owner agrees that the limit of Architect's liability for any negligent acts, errors, or omissions relating to or arising out ofthe Project shall not exceed the total aggregate sum of$50,000 or the Architect's fee for that portion of the services rendered on the Project, whichever is less, and this limitation to apply to the Owner and all contractor or subcontractors on the Project. ARTICLE 6 MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the location of the Architect. Terms in this Agreement shall have the same meaning as those in AlA Document A205, General Conditions of the Contract for Construction ofa Small Project, current as of the date of this Agreement. The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to this Agreement. Neither party to this Agreement shaH assign the contract as a whole without written consent of the other. The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the project site. ARTICLE 7 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Owner shall compensate the Architect as follows. Design and construction document services will be computed on an-hourly basis with a maximum not-to exceed without prior written Owner's authorization amount of Three Thousand Six Hundred and Eighty- Seven Dollars ($3,687.00). 2 Hourly charge-out rates are as follows: Principal Project Designer Drafting Clerical 95.00 85.00 60.00 40.00 Other staff maybe added at anytime. The charge-out rates will remain as shown per their job descriptions. The Architect shall be reimbursed for expenses incurred in the interest of the project at the direct cost of the expense, without markup. If through no fault of the Architect the services covered by this Agreement have not been completed within nine (9) months of the date hereof, compensation for the Architect's services beyond that time shall be appropriately adjusted. Payments are due and payable upon receipt of the Architect's monthly invoice. Amounts unpaid thirty (30) days after invoice date shall bear interest at 18.00 % per annum. ARTICLE 8 OTHER PROVISIONS This Agreement entered into as of the day and year first written above. Stev out Trout Architects/Chartered 1030 La Pointe Street \ \ \ \ III ilini",f}r JD 83706 \\\ F M'~ III "" _I 0 Cliff' II{ " ~, <.../4 .1'".... I( #/ _ A /i,_-",._n _/....... c} cpfl.PO~~ '1- 'l%, Attest~c:--fr"~ ~ 0 ~ Approved by Council: 11- I Cj ,. 0 2. ~ :: o~ ..- · A .--.:..-CL City 0 Meridian 33 East Idaho Street Meridian, ID 83642 /1-14' 01-. By: Robert D. Corrie, Mayor & ~ , ~ ~ ~~ O{ ~.... <:>..., b.~ .:::'" "", -, C \0'- ....... III O' " ,....v \" /lr:.." \),-.n ~ 1. . \,\\\ .<:~ :,~... ~~.i'~\\ 3 IS I HRlT1NG SHELF W DROP BOX BELOH 3'-4 l/2" I /"-.. - - - I 1<>> I 'V L____-.J (.j '- ./ r I, - - --, Ii L .JL _ ---1 I' r - I I I r l I L J I - l I I IF = /"-. L _ J I( 1'<.- I I I L _ BILLING DEFT.- DESK STUDY #.2 @ 1/411= 11_011 TAC #2002.014 12 AFRo 02 c)<.+t(blj '\4u ADA COUNTY RECORDE[!,' DAVID NAVARRO BOISE IDAHO 12/02/02 L.. . PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF MERIDIAN CITY AMOUNT .00 11 11111111111111111111111111I1111111111 102143309 CITY OF MERIDIAN ORDINANCE NO. tJ 2. - 9 f} 2- AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS SUTHERLAND FARM SUBDIVISION LOCATED A 1/2 MILE SOUTH OF OVERLAND ROAD ON THE EAST SIDE OF EAGLE ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4) AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-02-004) - 1 (R-4) Low Density Residential District A parcel of land located in a portion of Section 21, T. 3N., R. IE., B.M., Ada County, Idaho, and more particularly described as follows: COMMENCING at a found 5/8" pin marking the Center ~ of Section 21, from which a found %" steel pipe marking the West ~ comer of said Section 21 bears North 89007'46" West, 2,667.47 feet; thence along the North-South center line of Section 21, South 00011 '16" West, 146.51 feet to the POINT OF BEGINNING; thence continuing along the center line of Section 21, South 00011' 16" West, 27.54 feet to a point; thence South 89009' 44" East, 976.59 feet to a point; thence North 00055'58" East, 20.23 feet to a point; thence North 89028'48" East, 51.07 feet to the Northwest comer of Muir Woods Subdivision, as recorded in Plat Book 80, page 8553 of the Ada County, Idaho records; thence along the Westerly boundary of Muir Woods Subdivision and the prolongation thereof, South 00013'53" West, 1,183.48 feet to a point; thence North 89019'32" West, 1,027.00 feet to a point; thence North 89021 '54" West, 429.01 feet to a point; thence South 00014'06" West, 544.69 feet to a point; thence North 89035'51" West, 299.87 feet to a point; thence South 00014'06" West, 119.65 feet to a point; thence North 89035'53" West, 300.13 feet to a point; thence North 00014'06" East, 74.38 feet to a point; thence North 89035'53" West, 300.00 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ-02-004) - 2 thence South 00014'06" West, 751.00 feet to a point on the Southerly boundary of said Section 21; thence along said southerly boundary North 89035'53" West, 528.20 feet to a point; thence parallel to the westerly boundary of said Section 21 North 00000' 17" West, 1,346.82 feet to a point; thence North 89021 '54" West, 800.05 feet to a point on the Westerly boundary of Section 21; thence along said boundary, North 00000'01" West, 309.85 feet to a point; thence leaving the Westerly boundary of Section 21, South 89007'46" East, 525.00 feet to a point; thence North 00000'01" West, 253.90 feet to a point; thence North 89007'46" West, 525.00 feet to a point on the Westerly boundary of Section 21; thence along said boundary, North 00000'01" West, 590.05 feet to feet to a point on the center line of the Ridenbaugh Canal; thence along the center line of the Ridenbaugh Canal, South 68020'31" East, 47.62 feet to a point of curvature; thence along said curve to the right having a radius of 400.00 feet, a central angle of 25055'00", a length of 180.93 feet, tangents of92.04 feet, and a long chord which bears South 55023'01" East, 179.39 feet to a point; thence South 42025'31" East, 87.10 feetto a point of curvature; thence along said curve to the left having a radius of 120.00 feet, a central angle of 83032'00", a length of 174.95 feet, a tangents of 107.17 feet, and a long chord which bears South 84011 '31" East, 159.86 feet to a point; thence North 54002'29" East, 156.18 feet to a point of curvature; ANNEXATION AND ZONING ORDINANCE (AZ-02-004) - 3 thence along said curve to the right having a radius of 500.00 feet, a central angle of 57054'35", a length of 505.36 feet, tangents of276.64 feet, and a long chord which bears North 82059'46" East, 484.12 feet to a point; thence South 68002'56" East, 352.10 feet to a point; thence South 88030'26" East, 230.10 feet to a point; thence South 81012'02" East, 256.90 feet to a point of curvature; thence along said curve to the right having a radius of 220.00 feet, a central angle of 28058'00", a length of 111.22 feet, tangents of 56.83 feet, and a long chord which bears South 66043'02" East, 110.04 feet to a point; thence South 52014'02" East, 126.99 feet to a point of curvature; thence along said curve to the left having a radius of 1 00.00 feet, a central angle of 111046'57" , a length of 195.10 feet, tangents of 147.65 feet, and a long chord which bears North 71052'34" East, 165.59 feet to a point; thence North 15059' 10" East, 112.50 feet to a point of curvature; thence along said curve to the right having a radius of250.00 feet, a central angle of 44045'13", a length of195.27 feet, tangents of 102.92 feet, and a long chord which bears North 38021 '47" East, 190.35 feet to a point; thence North 60044'24" East, 17.46 feet to a point of curvature; thence along said curve to the right having a radius of 350.00 feet, a central angle of 31032'29", a length of 192.67 feet, tangents of98.85 feet, and a long chord which bears North 76030'38" East, 190.25 feet to a point; thence South 87043'08" East, 131.49 feet to the POINT OF BEGINNING; Said parcel contains 116.7 acres, more or less. And (C-G) General Retail and Service Commercial ANNEXATION AND ZONING ORDINANCE (AZ-02-004) - 4 A parcel ofland located in a portion of Section 21. T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: COMMENCING at a found %" steel pipe marking the West 14 corner of said Section 21; from which a found 5/8" pin marking the Center 14 of Section 21 bears South 89007' 46" East, 2667.47 feet; thence along the East-West center line of Section 21, South 89007'46" East. 1,260.42 feet to a found 5/8" iron pin with a plastic cap stamped "LS 7876", the POINT OF BEGINNING; thence continuing along the East-West center line of Section 21, South 89007'46" East, 3.31 feet to a set 5/8" iron pin with a plastic cap stamped "HODGE PLS 8575"; thence leaving the East-West center line of Section 21, North 00013'03" East. 183.13 feet to a set 5/8" iron pin with a plastic cap stamped "HODGE PLS 8575"; thence along a non-tangent curve to the right having a radius of 870.00 feet, a central angle of 04036'55", a length of70.08 feet, tangents of35.06 feet, and a long chord which bears North 87049' 16" East, 70.06 feet to a set 5/8" iron pin with a plastic cap stamped "HODGE PLS 8575"; thence South 00013'03" West, 186.86 feet to a point on the East-West center line of Section 21, marked by a found 5/8" iron pin with a plastic cap stamped "LS 972"; thence along the East-West center line of Section 21, South 89007'46" East, 1,333.73 feet to the Center 14 of Section 21, marked by a found 5/8" iron pin with a set brass cap stamped "T3NR1ECl/4SEC21 PLS8575 2001"; thence along the North-South center line of Section 21, South 00011'16" West, 146.51 feet to a point on the center line of the Ridenbaugh Canal; thence along the center lien ofthe Ridenbaugh Canal the following courses and distances; North 87043'08" West, 131.49 feet to a point of curvature; Along a curve to the left having a radius of350.00 feet, a central angle of31 032'29", a length of 192.67 feet, tangents of98.85 feet, and a long chord which bears South 76030'38" West, 190.25 feet; South 60044'24" West, 17.46 feet to a point of curvature; ANNEXATION AND ZONING ORDINANCE (AZ-02-004) - 5 Along a curve to the left having a radius of 250.00 feet, a central angle of 44045' 13", a length of 195.27 feet, tangents of 102.92 feet, and a long chord which bears South 38021 '47" West, 190.35 feet; South 15059' 1 0" West, 112.50 feet to a point of curvature; Along a curve to the right having a radius of 100.00 feet, a central angle of 111046'57", a length of 195.10 feet, tangents of 147.65 feet, and a long chord which bears South 71052'34" West, 165.59 feet; North 52014'02" West, 126.99 feet to a point; Along a curve to the left having a radius of220.00 feet, a central angle of28058'00", a length of 111.22 feet, tangents of 56.83 feet, and a long chord which bears North 66043'02" West, 110.04 feet; North 81012'02" West, 256.90 feet to an angle point; North 88030'26" West, 230.10 feet to an angle point; North 68002'56" West, 75.08 feet to an angle point; thence leaving the center line ofthe Ridenbaugh Canal, North 21057'04" East, 60.06 feet to an angle point; thence North 23001 '29" West, 91.35 feet to an angle point; thence North 00000'04" West, 190.06 feet to the POINT OF BEGINNING. Said parcel contains 11.04 acres (480,936.87 square feet), more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use ANNEXATION AND ZONING ORDINANCE (AZ-02-004) - 6 and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the if +M. day of N 0'1/ 8'\NL,buL, 1()fflr , and that the uses are to be developed under the planned unit development process and conditional use permit process. 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 plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy ofthis ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code ~63-2215 and ~50-223. ANNEXATION AND ZONING ORDINANCE (AZ-02-004) - 7 ~-1cSSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this !..V&Velnfx.,....J , 2002. I'Ci/-A 7 - day of AZROVED BY THE MAYOR OF T ClVelY/ bvu , 2002. < at/.. ITY OF MERIDIAN, IDAHO, this 17 -- day of ss. County of Ada. ) On thist q fltday of ;1/0 t/#vYlht1 ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, 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. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. c","'CSCl., ~ooN SA!. ~~~,-----~~~.. /1:tlY'01\4RA'~.o o<%)/ ~ ~ ~ a J \ 0 III : \ IllI mi. El c ~ J Iii' ~ \ / : 0"" _n', br-1C,~, o. v Y. ,~UtU.......' ~ ~ ~..,.;,----~ 0 ~o'~...oOF ~ 0.<> .oQilIllIlIlIDOG 2hCVl04tA.~ NOTARYPUBLICYORIDAHO , RESIDING AT: Ada [D(Ptr~)c{~ MY COMMISSION EXPIRES: tf~U-or; Z:\Work\M\Meridian\Meridian 15360M\Sutherland Farm AZ.02-004 PP-02-004 CUP-02-005\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-004) - 8 ~ 0 ~ Ci3 >= ~ Il:J - ~ ~ \ ~I~ 0 ~ z~ 0 w <( WN O~ .... - !:: (2; 0::: 0=:1<,,> 2m z~ _ (/) co OC rio Wu. C') w~~ l- Ou .... ~o9 t- - Z s::: N LL ~~ <(m c: o W<( .2 t-Ci Zl- >- ~ffi _(I) t) O.c II) I- u.i :E 0::'5 C/) 00 oC/) <D to fQ ~ ~ Iii --' <( - 0 - - (J) - I'-- ("t") -.J w !P!P ;:;; ~;:;; ;:;; ;:;; ~~ ~ ~~ w ~~ ~~ (i}(o '" <010 <0 "" ON '" ~fR ~ bJ,ir 0- a v_ a N - a a a NO 0:;"- (<)0. ~ ~:;.... 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'q""LDCOOJo CIlZCllCll <0 ....J 91 ~ , L .< r'-- /;-~> ~ ~ ~ \ ~I-.:t ~r:r 000 zE w~ O'U Zc <(m z"'i:: -CD Q.c 0:::"5 000 z~ w <( ~N ~ o~~ Z D::: li" 0 ~ wUJI T"""- ~ ~~ N U. ~z !:: ow~ o 1-0 ~ ~~~ UJ - u.i :a Og <0 o '"'> U,J :;;..: m z ~ <( 0:: o '-..<'2~..> 'i ; l ~ .. ~ j , i ~.., T- - -~~.~ Q) : ....J I O~ J___. en "f- ....J G~l ~ ~ z ~ W ~ ....I ~ ~ U,J 0 J! - ,.> ~'---"~1 ~ ~ ,~ f h fH '..: ~; .r-'--"II Ii n i! ;: ~ ';i ___'~c'-'-"---+--o-_~,~__~~ : ~ ~ ! " )f n v 1.01 T""l ...Jl /u , > ~ (Ji ,/g!: ,~tJi ~~~W3~~="=.iL:jl I"- "f- ....J /,c.n llJlllbU NNO o 0 ~ NVOl ;;:-lP ~ N lD <OlD~ CIlCllZ llJllJ vm NO V(r) '<t'<t gto ZCll ~ < ~~~~~q~~~!~~~~88~~8~8@88~~~~~~~~~~ ~m~~~~~~~~~~~~g~~~g~~~~g~~~~~~~~~n ~ ~ ~ ~~~~mroIDNID~~~~roNN~~ ~ ~S~~3~~~5~~s~g~~5S~S~~~~~~~~~~~5~ L16 t,/l .' / .;n .-.-i ! CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 02- q B 2- , passed by the City Council ofthe City of Meridian, on the /f1$ day of ;1./&Ye~ ,2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. ,,\\\111IIH11J11111 ,""~i Of Mt:RJblll/// ,-,,,, ~ "\ '''-~::.1 '~ ~ c} ""DO"', ";..yo< 'l .... O,V ,....,":<-. V .",. 2 _,,0 ,.(.'''' ~ ~ ~ ~ ~ = =-- - .~ STATE OF IDAHO, ) : ss. County of Ada, ) On this ~ day of ;(/Ol/~ , in the year 2tJtJ2- , before me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. Q,'IiII:Il:rDQIl' ~o.ON Sll!~ ~~~~----~~~~~~ ~~WO 'fAJ?;:,c.~. 0":)1 ~ 'r~ Q f \ III III I I iii o I I III g \ I Q III ' I 11 liI \ ' liJ 0... _,,', .br~lC~/OQ y u., ....:, U.J:il...I....... 4) 9 :('>.d"';;:'---~..<\ 0 QIl'--:".l:!. OF ~.o ctall"''''''. J h MorJ),u:JLJ (SEAL) Notary Public for Idaho Commission Expires: If ~2f-ocJ z:\ Work\M\Meridian\Meridian 15360M\Sutherland Farm AZ-02-004 PP-02-004 CUP-02-005\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-004 1 ADA COUNTY RECORDER J. fl~'IID NAVARRO BOISE IDAHO 12102102 01:5{ DEPUTY Bonnie Oberbillig .. RECORDED-REQUEST OF MERIDIAN CITY AMOUNT .00 6 !IIIIIIIIIIIIIIIIIIIIIIIIIII III 111111 102143310 CITY OF MERIDIAN ORDINANCE NO. CJ2-- 9&3 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS TOUCHMARK LIVING CENTERS LOCATED ON THE SOUTH SIDE OF FRANKLIN ROAD, 12 MILE EAST OF EAGLE ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, ST ATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR P ARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel ofland being located in the NW ~ of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more pmiicularly described as follows: Commencing at the nOlihwest corner of Section 16, Township 3 North, Range 1 East, Boise Meridian; thence S 89028'47" E 2706.25 feet to the northeast comer of the NW Y4 (North 1/4 Comer) of said Section 16, the REAL POINT OF BEGINNING of this description; ANNEXATION AND ZONING ORDINANCE (AZ-02-018) - I Thence S 00013'01" E 939.06 feet along the east line of the NW Y4 of said Section 16 to a point; Thence N 85031 '47" W 235.00 feet to a point; Thence N 00013'01" W 922.87 feet to a point on the north line of said NW 1/4; Thence S 89028'47" E 234.24 feet to the REAL POINT OF BEGINNING of this description; Said parcel contains 5.006 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a pmi of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and aU official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 ofthis ordinance is subject to the temlS and conditions of that celiain Development Agreement and the Addendum to the Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the I $f day of Yl-1{{,L'1 2001 d I b+ , , an _ day of mQ~ , 20Dl , and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE (AZ-02-018) - 2 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 ofthis ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, 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 ofIdaho, all in compliance with Idaho Code ~63-2215 and 950-223. PA SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this It:)':!- day of 'Ove hv~ , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 19fi::dayof ItltJf/el?v6vv , 2002. ~ _~AXf) ~ M OR \\\\\111111'1/11 \\\\ of Uit:"".'111 ,,\\ ,I n-.rrt/'l. 1//,/ " ::\ '"\ ""1f-A ...... ;:;.' () _aPOt:!A -71L~... ,t! ::::.....C,vl~ ~....~ 'V ~ A~P~~.f ~ <> ~ CITY CLERK ~ !\)_ First Reading: 11--19 or tJ 2-- ~. 7(/Q ",fJ i Adopted after first reading by %~n Ii @ ~s allowed pursuant to Idaho Code 50- 902 Yes: Y~/ty CblJ~o~",,~ I{' ", Second Reading: Itflf'~{l H~n\'\ Third Reading: - ATTEST: ANNEXATION AND ZONING ORDINANCE (AZ-02-018) - 3 STATE OF IDAHO,) ss. County of Ada. ) On this I~f~y of c{l,-oV€rrYLG-uu, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 1I1mllll1ltll1 .... QN_s;.-1;;. .~oT~>,C:~e 1t0::; I "'Y' >('"' ':,:-'" fa a I \ 1Il II f ~ Iil III I r II III I , III _ I J lIi 1!\. \ / Ii'! "'", ~"...!bBL1.C../ 0.111 .; .()g~-----~... 4iP.":ll!OF1P.e .1I11ll......." SnMo()~0 NOTARY PUBLIC; FOR IDAHO RESIDING AT: .Adct.Co~ Jd~ MY COMMISSION EXPIRES: 1- ZR -OC) Z:\Work\M\Meridiall\Mcridiun 15360M\Buir Properly Annex AZ-02-0I 8\AZOrd.doc ANNEXA nON AND ZONING ORDINANCE (AZ-02-0 18) - 4 .'.21'~. ',W :~/ .n. tg ''''-::'' '.;.,'./ '.' } ;:,;.. '. I 1/)1 I- :i :J >- I- U IV: CITY OF MERIDIAN ADA COUNTY FRANKUN ROAD (BASIS OF BEARING) S 89' 28' 47" E 2706.25' 8 9 17 16 ot'_ ~ 0 ~ ~ ~ I'~I' I' I' 1'1' I'l'l' ////// 1''',,1'1'1'1'1'1'1' ~;'./ ,/ //' /' /'/ / 1'1' 1'1' 1"1 I' I' 1" .. , 1';, ,/ / /1' :;;11' I' 1'1' I' 1'1' I'I'J'io .1'1'1'1'1'1' 0 EI'~I'~~I';~I'; :3i 1'1' 1'1' 1'1' m ~ ;1' 1';1' I'~I' 1'1 it - //'/,,//,//'/. o 1'1' 1'1' 1'1' ~ i-'l / / // / 1'/ / I' 0 - /,/ // ;' ",/ ./ ,/ .., b ," ,/ // ./ // ;',/ - or/I' 1'/ // '0 / / /J 111/1'/1'//0 / 1'/ // / f // 1'1' // Z //I'///J I' // 1'1' / ;' /./ /./ /' //////,. I'l'l' / ///':r/ / // / / / / //1'/// ////// 1/4 CORNER , 9 S 89' 29' 19" E 2702.58' 16- -=-- - -CITYLWITS_ -- 9 16 10 15 AREA OF ANNEXA 11 ON = 5,006 ACRES +\- ~ o 0:: S 85' 31' 47~ E 235.00' -- ~ Cl ~ d CITY OF MERIDIAN EDGEVlEW [STAlES CITY OF MERIDIAN \ \ \ (!Jh:&Pta-r.-c.V 0' 2... - t'f83 BRIGGS ENGINEERING. INC. ANNEXA TlON EXHIBIT REVISION (~) FOR TOUCHMARK (HAIR PROPERTY) LOCATED IN THE NW 1/" OF SECll0N 16, SHEET T.3N., R,lE" B.~., ADA COUNTY, IDAHO (20B)J44-9700 1 OF 1 1 BOO W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO. 801SE, IDAHO BJ7D5 MEM NTS 06/~Y02 20201 EXHIBIT CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission ofthe State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached cOE)' of Ordinance No. 02- cr~$ , passed by the City Council of the City of Meridian, on the I 'f-ri day of No V. , 2002, is a true and COlTect copy of the original of said document which is in the care, custody and contro I of the City Clerk of the City of Meridian. \\\lllllllllJll/j \\\ c: MS: III "",\\ OJ ";;.RI.r.. flIt ,\ :<\ '\ VI..;. // $'()~ ~o,pn~:>A ~ ~~, ~ :} ~0v' ~'''i~o .~ (} l" ~ ~~~/r' ~."? & !/ILLIAM G. BERG, JR. :,~ &Q,. ~ ~O 2 ~~;""1'O u,sr 131 . -J'::"- i' ".' ~ "f) ~ " STATE OF IDAHO, ~f.t'l:' CbUNT'i. \\,.......' 'I" . \\\ : SS:IIl!~hl H~"~\' County of Ada, On this I~ day of f\JbV~f)'\Gvu, in the year 2.002- , before me, jkM~~~ , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk, respectively, of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ...m.>'llI<m'l!lI<li'1l ",.~N S~ ~~oT.iir~~,,&. I1rAI ~ ..,- '\.\f'" e a -<#, \ \ll a ' 1 P !ll I J III p ~ J m eI \ I '" 1l) '.. ' IlJ Q. ~ft"...fom..\c;.~~O$'4>1lJ .;.fJt~~_..;n ~ ~ .O~.t$0f!~~9 "/ilI/IIl".- %CLn)Ylg~~ Notary Public for Idaho Commission Expires: OLt - 2<g -()tQ Z:\Work\M\Mcridian\Meridian I 5360M\Bair Property Annex AZ-02-0 18\CcI1ificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-Q 18 ADA COUNTY RECORDER J/"~VID NAVARRO BOISE IDAHO 12102102 01S NI DEPUTY Bonnie Oberbillig RECORDED - REOUEST OF MERIDIAN CITY AMOUNT .00 5 11111111111 11111111111111111111111111 102143311 CITY OF MERIDIAN ORDINANCE NO. CJ2--C;fJ4- AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS DRAWBRIDGE SUBDIVISION LOCATED ON THE WEST SIDE OF TEN MILE ROAD, APPROXIMATELY Y4 MILE SOUTH OF McMILLAN ROAD AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNERS, LEE AND JILL WOODBURY, HAS MADE A REQUEST FOR ANNEXA TION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED RURAL MEDIUM DENSITY RESIDENTIAL DISTRICT (R-3); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel ofIand being the N 1/2 of the NE Y4 of the SEl/4 of the NE1/4 of Section 34, TAN., R.l W., Boise Meridian, Ada County, Idaho and being more described as follows: Commencing at the NE Section corner of said Section 34, thence S0052'40" W a distance of 1315.55 feet to a 5/8 inch rebar marking the POINT OF BEGINNING; ANNEXATION AND ZONING ORDINANCE (AZ-02-019) - 1 Thence continuing So052'40" W a distance of328.89 feet to a point from which the SE corner ofthe NE1/4 of said Section bears S0052'40" W a distance of986.67 feet; Thence N89009' 11" W a distance of 662.56 feet to a 5/8 inch rebar; Thence No050'31" E a distance of329.38 feet to a 5/8 inch rebar; Thence S89006'39" E a distance of 662.77 feet to the POINT OF BEGINNING; Said parcel contains 5.01 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Rural Medium Density Residential District (R-3). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a celiified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, ANNEXATION AND ZONING ORDINANCE (AZ-02-019) - 2 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, all in compliance with Idaho Code 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /1./-.1::- day of ;(/oyefh-Uv ,2002. f}-/A APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ( 7 - day of ;f/tflvehvbvr- ,2002. ~ . - _~D. ~.~ R ATTEST' \\\\\lIIIIUlltll, . \\\ Of UIf,::;-..:'I'1 ~, --t .voo..rgj'\. ......... If ""'(f ~-1 ..~ J1"~~&-;-, 52 . l :r"'~% 't> \ CITY CLERK L; ~ BE AL ~ First Reading: 11-/7 -i) Z-- ::. ~ r? 2 Adopted after first reading by%u~ 7:19.n ofthe...~ flP-tas...:allowed pursuant to Idaho Code 50- 902 Y es: ~. <0 'Sr 1S-, . ~,,f Second Reading: -- ;,1'-'''11 Cbuj'rH . \'0 \\'~' . . 1'1/ \\\\\ Third Readmg: 111<#,1,OH\\ STATE OF IDAHO,) ss. County of Ada. (SEAL) On this /q~ay of /J0j1tfnf.x;; ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WrTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wriJ,t,fblDIrQ oO.ON S 11116 .::'-Q.l ---- '.Ji: 0- 0~~~O'f~",,~oo~ 11 V>:.J / -::: .;.. \"'$A 0- If / \ 11 EJ : ~ ra l\:l , r I'J p. I I /J tI \ I Q ~ \ / 0 Q.. d'~,,'fDm.;\.~~~O l>1lJ ..~~OFlO~o. .Oa......". JhaJlI/7~'~ NOTARY PUBLIC FOR IDAHO RESIDING AT: Adv.. Ca~ MY COMMISSION EXPIRES: Jdv.J,J) - zt -OS"- Z:\ Work\M\Meridian\Meridian I 5360M\Drawbridgc Sub AZ02-0] 9 PP02-0 15\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-02-019) - 3 (!) tl..Z Oz I-z ~Ci Ow D..m '\l... ~\) Z \)-..0 \- ~I(f) ~ ~. > ~ ~~N OOn::O~! Z ~ ~- 0:: ffi~ W (f) I- ~~g () w ~ gz z (!) C"') lJ.. a: 0:( <( 0 g O~O z- ~ >-~ffi - 0::: Q) l- .:: o~(J)-w 0::: :::; 0 !8 0<( 0::: o o .... Cf.l ).: ED ~ 0:( a: o ~ - .s~nm:~ .a9'9(;8 ~M~()fT.lS"OOS ~ ~ z -- .. .... w .... .... .. <( .s U <lI Cf.l 0 (Ill 3111'/ N31N ,fl8"al& 3.~&~OON s: I;: iB 0) . ON . (0 0) (0 CO Z !,U f~i:: <0 . ON . (0 0)(0 CO Cf.l CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State ofIdaho I, WILLIAM G. BERG, JR., City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 02- 98 +. passed by the City Council ofthe City of Meridian, on the /9-t.t day of #0 V. ,2002, is a true and conect copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \\\\\11111111111//11 \' C ILlI~- 'I ", _, Or MtJ't/,h. ,Ii', ....'-" :'..... '-"1'.,& .t~ ~ c} 1?J'~ -1~...... }' ,cP ~O ~ ~ ~- ~ - - - - ~ STATE OF IDAHO, ) : ss. County of Ada, ) On this ICf~ day of NOV/;1iJ;L{;u , in the year 1-002- ,before me, ~hP.liiYI~'.Jtv , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. \l>_elllDtlae- (> .~,p_:~Ls*~o) llI~~'-O 1:AJ?<(~.o. I1OJ/ ~ ,;... '$G a I ~ 0 J!I : \ III ll\ I J III 1:1 . I tl o ~ , Q G \ / . o. Y'......!V.sL\C-:~O <1)0 .<1)~?;:.---~" ~o). ~Q...t!OF1Q.(> IiIClliImaGt> Z:\ Work\M\Mcridian\Mcridian 1 5360M\Drawbridgc Sub AZ02-0 19 PP02-0] 5\CeliificationOfClerkOrd.doc 2hOA6Yl ~~ (SEAL) Notary Public for Idaho Commission Expires: 1- zi--()e) CERTIFICA nON OF THE ClTY CLERK OF THE CITY OF MERIDIAN AZ-02 -0 J 9 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 1ZI02l02 01:57 ( DEPUTY Bonnie Oberbillig , RECORDED-REQUEST OF MERIDIAN CITY AMOUNT .00 5 1111111111111111111111111111111111111 102143312 CITY OF MERIDIAN ORDINANCE NO. {J 2 - 98'5" AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS CASTLEBROOK SUBDIVISION LOCATED ON THE EAST SIDE OF BLACK CAT ROAD, Y2 MILE SOUTH OF CHERRY LANE, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER, BERNARD L. McFADDEN AND THE BERNARD L. McFADDEN LIFE EST ATE, HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property, to-wit: A parcel ofland located in the SW ~ of the NW ~ of Section 10, T. 3 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 3, 4, 9 and 10 of said T. 3 N., R. 1 W.; Thence South 00000'00" West, 1324.41 feet on the Section line common to said Sections 9 and 10, to the North 1/16111 section comer common to said Sections 9 and 10, said point being the REAL POINT OF BEGINNING; ANNEXATION AND ZONING ORDLNANCE (AZ-02-020) -I Thence South 89033'47" East, 1201.00 feet on the northerly boundary line of the SW ~ of the NW Y4 of said Section 10, to a point on the westerly right-of-way line of the Ten Mile Drain (from which point the nOlih-west 1/16ll1 section comer of said Section 10 bears South 89033'47" East, 119.34 feet distant); Thence from said point on the westerly right-of-way line, South 44033'47" East, 169.77 feet on the right-of-way line of the Ten Mile Drain, to a point on the easterly boundary line of said SW Y4 of the NW Y4; Thence South 00005'56" West, 1205.29 feet on the easterly boundary line of said SW Y4 of the NW 1/4 , to the center-west 1/16111 section corner of said Section 10; Thence North 89031 '20" West, 1318.06 feet on the east-west mid-section line of said Section 10, to the ~ section comer common to said Sections 9 and 10; Thence NOlih 00000'00" East, 1324.42 feet on the section line common to said Sections 9 and J 0 to the real point qfbeginning. Said Parcel containing 39.96 acres more or less. SECTION 2: That the above-described real propelty be, and the same is hereby annexed and made a pati of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: 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 plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, ANNEXATION AND ZONING ORDrNANCE (AZ-02-020) - 2 State ofIdaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code ~63-2215 and ~50-223. 1/2-1/. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this r.r ~ day of ;tIOl/ehv~ , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Itflfi day of #ovehv~-v , 2002. \\\ I \ III 1111111',/ \\\\\ Of 'Ai::~ II?" ATTEST: ........\\\ ~'" A'44 /".../.... II ~0 ~~~ ~~ dt~R/3e-- ,fl. f ~ '''00 \ CITY CLERK -; - SEAL - First Reading: 1/-('1-&2- ~ ~ &; Adopted after first reading by slrspetI$ '~<@\1tf1tl1~,~~' ~4l1Jowed pursuant to Idaho Code 50- 902 Y . \/ "-;- 'i' . ~ ~" $' . es. ^- .......... COI, ,.,~P: \'0 ~\\ S d Rd' - /'11 vff',; & '1, \\\<i:- econ ea mg: II/H.M lll;;\\\\\ Third Reading: STATE OF IDAHO,) ss. County of Ada. ) On this 1q day of ;lfJ/lt!utlJ.t1 , 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, r have hereunto set my hand and affixed my official seal the day and year first above written, "1il1'II""',,,. ~..ON S-J,}+ e~:f,7!O~A.i?J:{&~. .oe., I ""'V ,',;-" 1ft. . I \ 1il II I , . III : f iii II> I · II 1il \ / I;J ~ \ _J>r_ . c,' oi31 ..9~~':-~~~~~~.. Z:\Work\M\Meridinl1\Meridiall 153tfl'~~ea3~..?res Aza I-022\AZOrd.doc :01:'.. iii _" gl1tvLtVl~VL-- (SEAL) NOTARY PUBLI~R IDAHO RESIDING AT: .. vt( CLJtulu/Jdu/uJ MY COMMISSION EXPIRES: 9'-2.f-05'' ANNEXA nON AND ZONING ORDINANCE (AZ-02-020) - 3 ~ lJ) 0 -, ~~ CI) ;>: m - z 1- ~ Nlen 8 0:: ~> ~ ZN 0 .0 ..... <:(WN om a::: o~! z=> Z wen 0:: a{ 0 (<) ww:r: I- u~ 0 ~~~ zO ..- LLlr:z <(0 l:: Ow:! .2 1-0 zo::: 13 r: ~ ffi -m Ow Q) (f) - u.i::!: 0:::...... o~ OJ- en ~ <( z U Uj ...J CD <( 0 iG CI) 0 ~ f... b t~ 0 ..- 0 m N co ..- en M..OO,OOoOOS Cl LLZ Oz I-Z z- -Cl Ow Il.lD ,6Z'SOZL M.9S,SOoOOS . ...... .......(:v.PZ€ ~ 31100.00000N /~> -.<j" ..- CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, ofthe City of Meridian, Ada County, State of Idaho, do hereby cetiify that the attached copy of Ordinance No. 02- r85", passed by the City Council of the City of Meridian, on the I11J- day of ;</1)//. ,2002, is a tme and correct copy of the original of said document which is in the care, custody and control of the Citv l'lerk ,. . . \\\1"1111111111, of the CIty ofMendwn. ,,\\IIOf Mf.:"h 1/1111 ,..',\ _I '-Itl/'t. II~ " :'\.' ""T..d 'l .::;':::- (} If\P(ll;:)A -7~ ~ .::; cP ~...,~ ~ ~;f (>-:;. - ~ 3 ~ - = - i'. 0 ~ :. Vo. ,\q,).0 S ~ 1"6 U811S\ . ~ ~ -:. ::& C"\~ ~ '/ "10 \v ~ //11 OUhl~rJ. ...'\:' STATE OF IDAHO, ) lIlt,.. ~'i; i n \\\\\ ~tf;N:t} ~~~H'\ ss. County of Ada, ) On this ,q day of ;(b(t1n!;ur, in the year ~()f)2-- , before me, 3hPv1fYl (~/'VU~ , a Notary Public, appeared WILLIAM G. BERG, JR., lmown or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf ofthe City of Meridian. (SEAL) ellllllmIII 11l1ll Ooo.ON SJl~lIl ~~ ;;----~'!!.r~. Jill;) """O"f Al( J>~'?Jt.. ., / ~ -r' ,'ro "Cot:), RV. , . Q I \ B ltt : \ III 1lI I . III B \ , G ... \ , Iiil '" ... , IfI eo,. J.'....!tJm.,\<1~~.. . )>.8;;:,---;~~. QQ'''...Q OF lYo.Q.+ ."'lIIl1G1.o. 2110AtfY( ~'U '-f?-; Notaty Public for Idaho Commission Expires: .tJ4,-2t-tJ~ Z:\ Work\M\Merid ian\M eridian 15360 M\Castlebrook Sub A Z02-020 PP02-0 [ 6\Certi ricationO rCI crkOrd.doc CERTIFICA TION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-02-020 ( RESOLUTION # CJ 2- - 3 14- BY THE COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY A RESOLUTION RATIFYING THE MAYOR AND CITY CLERK'S SIGNATURE AND APPROVING THE AGREEMENT FOR THE APPOINTMENT OF THE CITY OF BOISE TO PERFORM PROSECUTORIAL AND POLICE LEGAL ADVISOR DUTIES FOR THE CITY OF MERIDIAN; DESIGNATING THE CITY OF BOISE CITY ATTORNEY OR HER DESIGNEES TO REPRESENT THE CITY OF MERIDIAN IN ALL CRIMINAL MATTERS BEFORE COURTS OF THE 3RD AND 4TH JUDICIAL DISTRICTS AS PROSECUTING ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS the City of Meridian had publicized a Request for Proposals in September of 2002 for prosecutorial services to be performed; and WHEREAS after submittal and presentation to the Meridian City Council the City Attorney's office for the City of Boise was selected to perform that service for fiscal year ending September 30, 2003; and WHEREAS pursuant to the Agreement the City Attorney of the City of Boise and her designees are hereby appointed and authorized by Idaho Code ~50-204 to act as Prosecuting agency for all criminal matters and Police Legal Advisor for the City of Meridian until September 30, 2003 unless terminated or extended consistent with the terms of the Agreement NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Agreement by and between the City of Boise City and the City of Meridian, a copy of said Agreement marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk have signed said agreement to be in Page 1 of 2 conformance with the starting date of the Agreement of November 1, 2002, we ratify said signatures on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this #pv.el'h-b.e I- 6 -/ It. - day of ,2002. APPROVED by the Mayor of the City of Meridian, Idaho, this /lPVt2 M- 6e J- ,2002. 6 -/h.- - day of \\\\1111111/11111 \\\\ fallen. 1III ~\' ~ 0 f'nl::,q'l/J /1/,- ATTEST: :t'''cf ~!lbA ~4-'-~ dt ~ cP ~"'i~ ~ .':;'.:?' 0.:;:, ~:-,6, ~/*' f SEAL ~ WILLIAM G. BERG, JR. - CI CLERK %"'~ .....R ff ~ 'YA 'US1 1S\ ' ~ $ ~ v.... ~ ~ '?... ~7a ~ ...~' /1, OU"rri'. \,... "llf' . 4 ~ · " \ ,\ \ <t!li~~~,.,: ~c:~,,~y>t\ Page 2 of 2 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Resolution No. 02 - J 94-, PAZd by the City Council of the City of Meridian, on this 6-r5 day of t>ve~6.b1...- J 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. \\\1\11111111/1// ",\ -.:C ~'I'" ", -.l. v . "1/ s>'''o:- "-::oI'f'C\'l.1" 'i:"~ ~ :> ;Y ~ '<: ~ 9..- I ~ ; ~~ I' ~ SEAL ~ILLlAM G. BERG, JR. r ~ i": ~!'J ~ - <b - - ..- i' ... ~ -~ ~ ~..,o ~r 1~ . ~ '/" "1 ~" ~ ~ ~ '\v....~ /11 . "", STATE OF IDAHO, flhllll Wll''''''\'' : ss. County of Ada, ) On this ~ day of ~V &tnhvl , in the year 2002, before me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ......,.. ..- OJLSA!.. · ~~~ Tf' A ;;.~ .;. · .~~o J.._ ~ ",{,?>++ .~ l .::: ./-. '$... . i \ . . : \ . . I I . . I , . .. \ i . .. \ / lit o \ A_. C' . . <P~..:CJl:Sl...'\!..-::~O. ...,.~.,..;:.~_.... ~.+ +",:<.qQFJP.. lit...... glwv1dYl hu'~ Notary Public of Idaho __ Commission Expires: OJ.{ - Z<i-os CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN l AGREEMENT FOR CITY PROSECUTOR I CRIMINAL LEGAL SERVICES This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to rt. as "Agreement") is made this Day of AJdUe.m.r/' ~n....., 2002, between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Meridian"), and the City of Boise, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Boise"). RECITALS 0.1 Pursuantto Idaho Code S 50-204 and Meridian CityCodeSS 1-8-1 and 1-8C-1, on August 16, 2002 Meridian requested the submission of proposals from qualified firms to provide certain city prosecutor/criminal legal services to Meridian. A copy of Meridian's Request for Proposals (RFP NO. 02-002) is .. attached hereto as Exhibit "A" and is incorporated in full herein and is made a part of this Agreement by this reference. 0.2 J n response to Meridian's request for proposals, Soise, through the office of the Boise City Attorney, submitted a Response dated September 16, 2002, a copy of which is attached hereto as Exhibit "S" and which is incorporated in full herein and is made a part of this Agreement by this reference. 0.3 Among the proposals received in response to Meridian's request for proposals as set forth above, Meridian has deemed the proposal submitted by Boise as the most advantageous to the best interest of Meridian. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, Meridian and Boise covenant and agree as follows: 1 INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2 DEFINITIONS. In addition to any other definitions setforth in this Agreement, for all purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October"1 st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Meridian. 2.2 "MPD" means and refers to the Meridian Police Department. 2.3 "Primary Legal Services" means and refers to all of the following: 2.3.1 Legal services necessary to prosecute all criminal misdemeanors, infractions, and all violations of the City Code of the City of Meridian involving matters occurring within the corporate limits of the City of Meridian, or pursuant to the Memoran~um of Understanding between MPD and the Boise Police Department; or initiated by Meridian, or involving the enforcement of Meridian's ordinances and/or Idaho State Law; AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 2 2.3.2 Prosecutorial intake screening and review of all police-generated reports and citations, the timely filing of decisions thereon, and prompt notification of decisions to MPD and customer; 2.3.3 Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD concerning infractions and misdemeanors; 2.3.4 Coverage of Meridian's caseload in Family Violence Court; 2.3.5 Provide civil legal advice and guidance to the Meridian Police Chief and MPD; 2.3.6 Provide access to members of the Boise City Attorney's Public. Safety/Enterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under a protocol to be developed with the Meridian Police Chief; 2.3.7 Provide legal services through Boise's dedicated assigned police liaison attorney (as approved by the Meridian Chief of Police) at the MPD facility during normal business hours for not less than sixteen (16) hours per week at such times as determined by the Meridian Police Chief; 2.3.8 Provide prompt written responses to Legal Information Requests approved by the Meridian Police Chief, his designee, or from Meridian's Mayor or City Council; 2.3.9 Routine review and approval of all public records requests received by the MPD (or received by Meridian concerning police matters); AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 3 2.3.10 Provide Meridian with legal training on issues such as search and seizure, public record requests, and civil liability; 2.3.11 Provide further training of MPO personal on other needs (including those identified through the screening process) as requested by the Meridian Police Chief; 2.3.12 Provide MPD with regular legal bulletins, including relevant Idaho, U.S. Supreme Court, and the Ninth Circuit case law and decisions; 2.3.13 Provide victim/witness services in criminal misdemeanors including timely contact with victims (either by telephone or automated letter- notice) by a victim/witness coordinator to advise of victim rights on all required cases; preparation of victims/witnesses for domestic violence-related cases (domestic assault, domestic battelY, violation of no contact order, violation of protection order, stalking, telephone " harassment when associated with one of the preceding, and malicious injury to property when associated with one of the preceding) and all cases with restitution; and coordination and liaison with prosecutor on the above-mentioned cases; 2.3.14 Provide Meridian with juvenile accountability services for all juveniles with first-time tobacco and alcohol tickets regarding offenses occurring within the corporate limits of the City of Meridian, including staffing at the MPD facility as agreed upon with Meridian's Chief of Police to perform assessments, initial and exit interviews, scheduling of education classes and commu.nity service, and formal complaints AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 4 for the tickets of those who do not qualify, who fail to complete the program, or who re-offend within 12 months of the first offense; 2.3.15 For defendants who receive probation (either supef\lised or unsupervised) as a result of a conviction for a misdemeanor occurring within the corporate limits of the City of Meridian (or defendants who fail to pay fines and restitution), Boise shall monitor such defendants compliance with the terms of probation, and shall take appropriate action (including the initiation and prosecution of probation violation and/or contempt proceedings, requests for issuance of arrest- warrants, etc.) in an effort to obtain compliance; and 2.3.16 Provide all other services as set forth in the Response submitted by Boise (Exhibit "B"), excluding Optional Legal Services as defined above. 3 SERVICES PROVIDED BY BOISE. Pursuant to the terms of this Agreement, Boise is hereby appointed by Meridian to perform all Primary Legal Services for Meridian and such other Optional Legal Services as requested by Meridian. 4 PAYMENT FOR SERVICES. Meridian agrees to pay Boise for sef\lices rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing. the Primary Legal Services, Meridian shall pay Boise the total sum of twelve thousand six hundred seventy and 00/100ths dollars ($12,670.00) per month. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 5 4.1.1 Payment for Primary Legal Services shall be paid by Meridian to Boise or before the 20th day of the following month. 4.1.2 In addition to the monthly retainer amount. Meridian shall execute a waiver to transfer the JAIBG grant funds (in the approximate amount of $11 ,708) previously assigned to Meridian to Boise. 4.2 Compensation for victim/witness services peliormed by Boise at the request of Meridian shall be paid at the rate of $50.00 per hour for seNices peliormed by Boise's victim witness coordinators (who shall be available 24 hours a day 7 days a week and who shall also provide follow-up for all violent. misdemeanor crimes), plus reimbursementfor mileage to and from the Boise City vIctim witness coordinator office and all crime scenes and victims' locations which are located outside Boise City limits. 4.3 Boise shall provide Meridian with a monthly itemized invoice of all seNices peliormed at the request of Meridian beyond the Primary Legal Services (including all out~of-pocket expenses). Provided the invoice is received by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. 5 TERM. The term of this Agreement shall commence November i. 2002 and shall continue until the end of Meridian's current Fiscal year, September 30, 2003, subject to renewal or extension as set forth in this Agreement. 6 REPRESENTATIONS AND WARRANTIES OF BOISE. Boise represents and warrants to Meridian as follows: AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 6 6.1 Authority. Boise has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. 6.2 Performance of Services. Boise agrees to perform all of the services and work set forth in this Agreement in a timely, efficient, and professional manner in accordance with the terms of this Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental body. 6.3 Non-Exclusive Agreement. Boise acknowledges that this Agreement shall not be interpreted to limit Meridian's authority to retain the services of outside. legal counsel to perform any legal services other than Primary Legal Services, whether as a result of Meridian's need for special expertise or otherwise. 7 INSURANCE. For the purposes of this Agreement, Boise shall carry the following types of insurance in at least the per occurrence limits specified below: Coverage Limits of Liability Professional liability (errors and omissions) Workman's Compensation Employer's Liability General Liability (bodily injury and/or property damage) Automobile bodily injury and/or property damage liability (combined single limit) $ Statutory limits $1,000,000.00 $1,000,000.00 $1,000,000.00 8 INDEMNIFICATION. Boise shall indemnify and hold Meridian, and its officers, agents, and employees, harmless from any and all liability, damage, or expense, including attorney fees, which may be brought, claimed, or pursued against Meridian or its representatives arising out of the intentional act, negligence, or omission of Boise or its employees, agents, or' representatives. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 7 9 POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties may mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10 TERMINA TI ON. This agreement may be terminated upon mutual agreement of the parties. Meridian shall also have the right to remove Boise's appointment as Meridian's attorneys in the manner as set forth in Idaho Code S 50-206 and terminate this Agreement, with orwithout cause, at any time, which termination shall be effective upon service of written notice to Boise in the manner as set forth herein. In the event of a termination, Meridian shall remain responsible to pay Boise for all" services provided through the date of termination pursuant to the terms of this Agreement. 11 GENERAL PROVISIONS. 11.1 Attorney's Fees. If any action or proceeding is instituted to enforce or construe any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 Binding Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11.3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of Idaho. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 8 11.4 Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: Notice to Meridian: Robert D. Corrie, Mayor Meridian of Meridian 33 East Idaho Street Meridian, Idaho 83642 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 9 Notice to Boise: Boise City Attorney City Hall 150 N. Capitol Blvd. P.O. Box 500 Boise, Idaho 83701-0500 11.5 Paragraph Headings. The paragraph headings of this Agreement are for clarity in reading and not intended to limit or expand the contents of the respective paragraphs. 11.6 Partial Invalidity. Whenever possible, each provision ofthis Agreement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision of this Agreement is prohibited by, or invalid under appli~able law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Furthet Assurances. The parties each for themselves do further covenant to the others to execute any and all other documents necessary to effect the transfers contemplated by this Agreement. 11.8 Time. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, . power, or privilege or the exercise of any other right, power, or privilege. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 10 11.10 No Assignment by Boise. Boise shall not sell, assign, or transfer all or any portion of its interest in this Agreement at any time. 11 .11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 11.12 Entire Aqreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with . respect to its subject matter. 11.13 Execu"tion and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 11.14 Amendments. This Agreement may not be amended, modified, altered or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. MERIDIAN: ATTEST: Page 11 STATE OF IDAHO) ) 55. County of Ada ) On this 3L day of Od-ober, 2002, before me, a Notary Public, personally appeared Robert D. Corrie andjYijliolJ!~1 known or identified to me to be the persons whose names are subscribedie1ti~twift1in f"ffd foregoing instrument as the Mayor and tervcbt~clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. IN WITNESS WJ;i~Wi.OF, I have here first above writte~~~.~'~~CE L, ;""'" l' '\,..~..-.. +/ '.... ~ , - - -...;.-:. i l ~OTA.I( \~ '; :*. ). ~ :: .. I ~.~ ", ~ ! ..p :- ),. :' \cP-- ClBL1.C: : -'~.. .... ~ or- _ .. ~ -~ "1l'. .......... ~o ~..'Ii BOISE: I",~ Op IP~~",~ '.,.........11 ATTEST: By: t Public for Idaho e Iding at rtr/It'c< A. , Idaho Commission xpires: ()'1/;20/07 CITY OF BOISE Its: STATE OF IDAHO ) ) 55. County of Ada ) On this _ day of , 2002, before me, a Notary Public, personally appeared H. Brent Coles and , known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and ,respectively, of the City of Boise, and who acknowledged to methat they executed the same for the City of Boise. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. Notary Public for Idaho Residing at My Commission Expires: , Idaho AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 12 EXHIBIT "A" (Attach copy of Meridian's Request for Proposals [RFP NO. 02~002] here) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 13 CITY OF MERIDIAN August 16, 2002 RFP NO. 02-002 ~~ The City of Meridian is requesting proposals f city / Criminal Legal Services for the City of Meridian. ~rms are invited to submit a proposal in the format outlined in the Request for Proposals. A complete package of requirements necessary to comply with this RFP may be obtained from: will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five wor~ing days prior to the proposal opening. All clarifications to the requirements will be addressed as a writte~ addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: ' ,RFP No. 02-002; City Prosecutor/Criminal. Lega1 Services for the Ci.ty of Meri.di.an and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the 16th day of September, 2002.. No exceptions. All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. - EXHIBIT A CITY OF MERIDIAN RFP NO. 02-002 The City of Meridian is requesting proposals for City Prosecutor / Criminal Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit 10 copies of the proposal with the project title clearly "} indicated. The envelope in which the propO~dl l~ rece~ved must be specifically marked: RFP No. 02-002; City Prosecutor/Criminal Legal. Services for the Ci. ty of Meridian and del.ivered to: will Berg Meridian city Clerk 33 E. Idaho Meridian, ID.S3642 Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five wor"king days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. N9 verbal clarifications will be binding on the City or the consultant. The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and Omissions), Worker's Compensation InsUrance for all employees, and General Liability Insurance in an amount to be determined. Protest of RFP Requirements, Standards, Specifications, or Process: Any Vendor who wishes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The city may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection "of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such"aggrieved person knows or should have known the facts, which give rise to the protest. The protest must set forth in specific terms the alleged reason the. Vendor selection or contract award is erroneous. Page 1 of 5 City of Meridian RFP No". 02-002 City prosecutor / criminal Legal Services Award of Contract: It is anticipated that the City will contract with one person or a firm as needed for fiscal year 2002-03 with the possibility of continuing one (1) year extension(s). We appreciate your interest in this project and realize that the development of a proposal is a costly and time-consuming effort. Please be assured your proposal will be thoroughly reviewed and evaluated. It is anticipated that the contract will be awarded effective November 1, 2002. RFP NO. 02-002 CITY PROSECUTOR/CRIMINAL LEGAL SERVICES FOR THE CITY OF MERIDIAN PROPOSAL SUBMITTAL REQUIREMENTS SCOPE OF WORK: The city of Meridian is soliciting proposals to proyide Legal Services for Criminal Prosecution. The specific proposal submittal requirements are defined below. The anticipated services will relate primarily to: General Legal Municipal Law including but not limited to the following areas of expertise: General Criminal Prosecution including but not limited to the following services: Prosecution of all infraction and misdem~anor offenses generated by the Meridian Police Department; Advise Police Chief on all police related issues to include, but not limited to search and seizure, U.S.C. Section 1983, Idaho Public Records law, arrest and other similar issues to be decided by the Chief of Police; Assist other prosecuting agencies, as needed pursuant to any existing agreements for prosecution services; Provide on-site service for legal advice in a method and manner to be determined with the Chief of Police; In-Court representation of the City of Meridian on all criminal'matters; Any and all ?ther duties as assigned by the Mayor and/or City Council. Page 2 of 5 . City. of Meddian . RFP No. 02-002 City Pro~ecutor I Criminal Legal Service~ I SUBM'ITTAL PROCEDURE A. Date & Location: Written proposal submittals are due on the 16th day of September, 2002 at 4:00 p.m. local time at the office of the City Clerk. The envelope in which the proposal is received must be specifically marked: RFP No. 02-002; c~ty Prosecutor/Criminal Legal Services for the Ci ty of Meri.dian. and delivered to: will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 B. Please submit Ten (10) copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL" "RFl? No. 02-002; C~ty Prosecutor/Criminal. Legal. Services for the Ci. ty of Meridian" II PROPOSAL FORMAT Written proposals must be clear, concise and formatted as outlined below to allow for consistent and fair evaluation of each submittal. " SECTION I Cover Letter/Signature Page - The cover letter should contain an introduction of you/your fi~1 a summary of its capabilities to perfo~ the services requested, and a s~ry of your firm's experience' in this type of work. It also is suggested that you outline your interest in this prqject(s) and ability to respond and perform. The cover letter should be signed by a principal of the firm. The signature page shall be completed and returned with your proposal. SECTION II Available Staff and Equipment - This section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, a summary of equipment capabilities such as word processing, FAX machines, and ability to communicate with the City via E-Mail should be provided. Page 3 of 5 CitY'of Meridian RFP No. 02-002 City Prosecutor I criminal Legal Services SECTION III Ability to Provide Responsive Services - The services anticipated by this proposal will, for the most part, be requested on short notice with tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. SECTION IV Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a description of prior work done in the area of law for which the proposal is submitted, including a description of the preferred method of relating to an . institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. - SECTION VI Description of service to the City - Each.. proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (Optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. This may include 'alternatives to the services and methods of delivery proposed by this RFP. Alternatives methods of delivery of services must be very detailed and specific to be acceptable. APPENDIX (OPTIONAL) A. Resumes B. Brochures c. Letters of Recommendation D. Other paqe 4' of 5 Ci ty. of Meridiopi RFP No. 02-002 City Pro~ecutor I Criminai Legal Services III EVALUATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The city Council has final approval and award authority regardless of staff recommendations. A. Evaluation criteria: The evaluation will be based on the responses received. The City reserves the right to reject any and all responses received if it determines that action to be in its best interest. The following criteria will be considered in evaluating the responses received: 1. Qualifications and Experience of .the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 2. Qualifications and Experience of the Individuals Who will Perform the Work: This will be based on the resumes and recent relevant experience .of the attorneys who will be working with the city, especially those senior attorneys responsible for directing the services and advice provided to the City. 3. Demonstrated Understanding of the city's Needs;- This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. 4. Cost: . The City is keenly interested in overall cost control and will evaluate carefully the hypothetical cost estimates provided in response to Section IV. paqe 5 of 5 City of Meridian RFP No. 02-002 City Prosecutor I Criminal Leq~l Services EXHIBIT uB" (Attach copy of Boise's Response dated September 16, 2002) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 14 RECE~TEJ;i.. SEP 1 G 2007. City of Meridian City Clerk OfficG . . Office .:o:fcThe . . ctty Att~;r~ey. RESPONSE , .~= ; RFP No. 02-002 . 'City Prosecutor/Criminal Legai Services for. The City of Meridian. Ex,.,rSJlB H. BRENT COLES M....YOR LEGAL DEPARTMENT SUSAN LYNN MIMURA CITY ATTORNEY BOISE CITY OF TREES ~ COUNCIL MEMBERS MlKE WETHERELL COIlI/CIL P!l.ESIOENT VERNON L. BtSTERFELDT P^UL^ B. FORNEY [ON MMON CA.ROLYN TERTELlNG-P^YNE M.)EROME M^PP COIlI/CIL PRO TEM September 16, 2002 Mr. Will Berg Meridian City Clerk 33 East Idaho Meridian, ill 83642 Subject: RFP 02-002 - City Prosecutor/Criminal Legal Services for Meridian City Dear Mr. Berg: Thank-you for the opportunity to submit a proposal in response, to Meridian ~i~y's RFP for City Prosecutor/Criminal Legal Services. The .Boise City Attorney's office is a full-service municipal , law fUm. As the agency responsible for prosecuting misdemeanors and infractions 'for the City of Boise, we are highly qualified to .provide these services on behalf of Meridian City as well. Our office mission is".. .to be t4e model public service law. f1rm and provide high-quality sel;Vices to our c1i~nts and. custo~ers i~ a ~er that is ethical, timely, and responsive." Summary of-Finn Experience The Boise City Attorney's office currently has 22 attorney positions, 12 legal secretary positions, and 7 other support positions. Our prosecutors and staff currently cover six separate criminal Magistrate judges' calendars - in the same Fourth Judicial District as Meridi~. Included as an appendix to our proposal is a summary of the experience of our prosecutors, paralegals, and legal secretaries. We have almost 200 years of combined attorney experience. We believe our experience and ex~rtise .woul~ be able to suit your nee~ at a c~mpetitive c~st. Interest in the Project The Boise City Attorney's office strives for process improvements and opportunities for growth. Boise City also' values the ability to work cooperatively with its surrounding municipalities. Both Boise's Police and Legal Departments have cross-deputization relationships with Meridian. We have provided backup to Meridian for years. We are prepared to offer our high-quaIity prosecutorial and criminal legal services to Meridian and have the resources to respond to your community's needs. CITY HALL. ISO N. CAPITOL BOU,LEVARD .,P.O. BOX 500,. BOISE. IDAHO 831(n-QSOO. 208/384':3'870 FAX 208/384-4454. An Equal Opportunity Employer . www.dcyolboise:org , ...0 "L.,cd "" ""')<Ir!l ,.,... C Other Information The Boise City Attomey's office is unique in the way that it provides legal services to its customers and clients. While most traditional municipal firms have staff who perform either solely criminal or civil legal work, our office is divided into cross-functional teams that perform both. Six to seven attorneys and three to four legal secretaries are assigned to a team. Working together, each team not only covers two criminal court calendars, but also provides legal services to several internal City customers, such as Plarming and Development Services, Public Works, and Police. We believe this diversity in assignments allows us to retain the best-qualified staff for longer periods oftime and keep them actively involved, challenged, and satisfied in their assignments. I am excited at the prospect of sharing my staffs talents with Meridian. I want to affirm our commitment to providing excellent customer service and experience with little disruption. Unlike many other bidders, we will not need to create protocols, processes, and new software because these are already in place. Please accept this letter as ou;- interest in this project and this Request for Proposal as an outline of our ability to respond and perform. Sincerely, an Lynn Mimura Boise City Attorney SMUdq Susan Lynn Mimura Proposer Name Boise City Attorney Proposer Title Boise City Attorney's Office Proposer Firm SIGNA TURE PAGE 150 North Ca~ito1. Boise ill 83701-0500 Proposer A~m:ess 208/384-3870 & '2081384-4454 &aposer Telephone.& Fax Numbers 000022175~ Federal Tax ID Number .. i .,i .. L ~ . J :1 d 1 ~ ~. ., SECTION II Available Staff and Equipment Available Staff The Boise City Attorney's office proposes to incorporate Meridian City's criminal prosecution cases into its existing cross-functional team structure. Currently, there are three attorney/legal secretary teams that perform criminal prosecution work to cover six criminal court calendars: . Litigation/Screening Team - The Litigation/Screening team is under the leadership of Roger Cockerille, a seasoned attorney with over ten years of experience. The team is responsible for covering the criminal court calendars for both Judge Morden and Judge Watkins. Currently, the team has seven attorneys, three legal secretaries, and one police officer/investigator. The team provides litigation support for the City by providing assistance to attorneys on other teams who may be handling litigation matters, by handling litigation assigned in-house, ocby overseeing the contracts for litigation handled by outside legal counSel. Its primary custoIIler is the City's Risk Manager, and it provides civil legal advice and guidance for labor relations, union grievances for both Police and F,ire, workers' compensation,. and collections. . This team is also different in that it perfo~ the screening function for all incoming tickets .and citations to determine whether to file criminal charges. . ParksIPlanning & Development Team - William L. M. Nary heads this team with his 17 years of municipal experience. He manages six full-time attorney,; and four legal . secretaries and also oversees a part-time contract attorney. The team handles the criminal court calendars for Judges Minder and Swain. Its primary customers are the Planning & Development Services Departmen~ the Parks Department, the Library, and the Ombudsman. . . . Public SafetylEnterprise Team - With five years of experience in both private and public sector law, Elisa MW?soth oversees this team. The team covers the criminal court calendars for Judge Bieter and Judge Schmid.t Currently, the team has six attorneYs and three legal secretaries; however, 'the office would till both an attorney and a legal secretarypositiQn upon award of the Meridian City contract The team's primary customers include the Aviation and Transportation, Public Works, Police, and fire Departments. This team also is in charge of helping to create the new Fourth Judicial District Family Violence Court and int~gra~g that additional court calendar and method of handling cases into our office. On each of these teams, the attorneys and support staff perform both civil and ~inal duties. In addition to the above-mentioned staff, the Boise City Attorney's office also has an Administrative Support team that.provides support to the office as a whole.' Included in that team's responsibilities are the file management, reception, legal research; and other . administrative duties. A summary of the experience of our staff is attached as an appendix to this proposa.I packet. 4. The Boise City Attorney's office proposes to offer civil legal advice and guidance to the Meridian Police Chief and Meridian Police Department (MPD) by assigning the Public Safety/Liaison team. In addition to having a dedicated Police liaison attorney who we propose will be onsite at Meridian's Police Department Building for two days each week, the team will provide the Chief with 24-hour on-call support seven days a week as well as specialized training upon request. Available Equipment The Boise City Attorney's office is a fully automated office. Each staff member has a personal computer on their desk, and all PCs are upgraded and replaced on a three-year cycle. The computers are linked to the Citywide network, which uses Group Wise 5 for its calendaring and messaging. This system also permits entities and individuals outside the City to communicate with our staff bye-mail. While most staff currently use the Corel WordPerfect Suite for their word processing, spreadsheet, and presentation needs, the intent is to have all staff using Microsoft Office within the next two years. Our staff utilize PowerPoint presentations for courtroom exhibits and presentationS. The office also has an automated file management system which barcodes and tracks files, as well as an automated victim/witness case management system that prints out victim and witness notificatio~ automatically. - - - We also contract with Ada County to utilize the AS400, which currently provides calendaring and activity for the Fourth Judicial Court. { The office has contracted for electronic research with Westlaw that includes all Idaho databases (case law, legislative documents, administrative rules', attorney general opinions, etc.), as w.ell as all other s~te appellate cases. In addition, we have access to the Ninth Circuit Court of Appeals, all Idaho federal-cases, the United States Supreme Court cases, and United States statutes. 1 >, .i 1 j We also -have- many other electronic support systems, ~cluding facsii:nile riiachiries, printers, and copiers. . 1 ~ .' 5 .. ! oJ J .~ i SECTION III Ability to Provide Responsive Services The Boise City Attorney's office prides itself for its current prosecutorial efforts on behalf of the City of Boise. We are prepared to provide the same high-quality prosecution services on Meridian City's behalf as well. We currently have a crass-deputization relationship with Meridian and already provide backup and support far legal services, including prosecution of conflict cases. We are familiar with and understand the Ada County Magistrate Court's systems, timeframes, court clerks, and judges. Integrating Meridian City's workload into our current practice would be transparent ta defendants, attorneys, judges, and the public. We provide legal services in a unique and distinctive manner - through cross-functional teams. Everyone on the team practices both civil and criminal wQr~ to some degree. We believe this diversity in work assignments h~ lead to greater job satisfaction and improved the quality of work produced by our staff. Our office structure and management culture allow for greater participation, self-direction, and input In addition, the concept of teaming has individual performers looking at the bigger picture and seeing how their individual actions may affect more than just themselves'. Where one or two attorneys in a small practice may spread themselves too thin trying to cover multiple functions and courtrooms, our teams. allow us to better manage and balance our resources. . The ~oss- functionality e1;1SUfes that every team. member has exposure to knowledge and skills in relevant subjects such as public records, liability, employment law, . federal employment requirements, and contracts. The t~g establishes norms and . consistency.in practice among staff so that anyone attorney can look at a file initially prepped by another attorney and feel comfortable walking into court to handle the (!ase. - Again, this increases our ability to be responsive and timely. . We also have a distinct advantage over other funis because we have access to the Ada County's AS400 criminal justice system. This system schedules and tracks. the Court' s activiti~ by defendant ~d case. This access permits us to rim reports to ensure that we have the most up-to- date information on the cases we handle. Rather than. relying only upon the trial settings, which ~ve py mail, our staffhave the ability to immediately look up a defendant or a case and determine whether something has changed at their individual desktops. ahd at aworksite in the Ada County Co~ouSe. . .6' C\ ~' ~ ;Y J SECTION IV Cost for Services As an existing governmental law firm, the Boise City Attorney's office has the ability to offer to Meridian a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Legal Services Primary prosecutoriallegal services would include: · Prosecutorial intake screening and review of all police-generated reports and citations · . Timely filing decision and notification back to police and customer; · Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandwn of Understanding between MPD ~d BPD; · Prosecution on behalf of other prosecuting agencies (~onfIicts and transferS) involving MPD, including infractions, misdemeanors, and felony cases; · Coverage of the new caseload in Family Violence Co~rt Primary dvillegal advice and guidance to the Meridian .Police Chief ~d MPD would include: · Access to members of the Public SafetylEnterprise team for immediate assistance 24. hours a day, 7 days a week through cell phone and/or pager under a protocol to be developed with the Meridian Police Chief; · O~-site legal serVices by. the dedicated assigned Police liaison attorney tWo days each week; · Written responses to Legal Information Requests approved by the Meridian Police Chief; · . Routine review-and approval of the MPD's public records requests; · Superior legal training' for Block Training, Advanced Academy, on search and seizure, . . public record requests, and civil liability; . . · Training 'on other needs (incl~ding those identified through the screening process) by request of the Meridian P-olice Chief; · Regular legal bulletins, includiIig Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Basic Victim!\yitness services would include; · Timely contact with vict4ns (either by telephone or. automated letter notice) by a victim/witness coordinator to advise of.victim rights on all required cases; · Preparation ofvictimslytitnesses for 40mestic violence-related cases (do~estic assault, do~estic battery, violation ~fno contact order, violation ofprotcetion order, stalking; telephone harassment when associated with one.of the preceding, and malicious injury to 'property when associated with one of the preceding) and aU cases with restitution; · Coordination and li.aison with prosecutor on the above-mentioned. cases. . . A)1nualCost ~$~ . .. . Nronthiy Iustallm~nt {i;.67~ .~~ . 7, Optional Services Boise City also is offering two optional services to Meridian: . On-call victim/witness services (2417) and follow-up for all violent crimes including sexual assault, rape, and domestic violence-related cases (both felony and misdemeanor) as described before. $50/hour + mileage to and from the crime scene, victims' locations, or court . Juvenile Accountability Services for all juveniles with frrst-time tobacco and alcohol tickets, including two afternoons each week onsite for assessments, initial and exit interviews, scheduling of education classes and community service, and formal complaints for the tickets. of those who do not qualify, who fail to complete the program, or who re-offend within 12 months of the frrst offense. In order to implement this " portion, Meridi~ City only would need to sign over its $11,708 JAlBG dollars to Boise City; Boise City would cover the" required match of $1 ,30 1. ./ FFYOl JAIBG dollars - $11,708* *Federal doll~rs assigned from Meridian City to Boise City 8 SECTION V Description of Prior Experience Prior Experience The Boise City Attorney's office offers tremendous experience in the prosecutorial practice of law. The overall legal experience of our attorneys ranges from a minimum of I year to a maximum of 27 years. Every attorney and every legal secretary in our office has performed both civil and criminal work. While our criminal practice primarily prosecutes misdemeanors and infractions, we have 12 attorneys who have prosecuted felony cases. In addition, we currently have Memorandums, of Agreement with the surrounding agencies to pennit our attorneys to prosecute on behalf of Meridian, Garden City, and Ada County. Therefore, our staff has continuously provided backup support in prosecuting cas'es on behalf of Meridian. Preferred Metho~ of Relating to an. Institutional Client Since we already l'rovide support to an '~institutional client" (i.e., the State of Idaho in prosecution cases or the Boise City Council arid Mayor in civil matters), we are familiar with the particular requirements for a governmental client. For those Meridian citations and reports where prosecution is declined, the Boise City Attorney's office will. issue written notices to the defendants, victims, and the investigatitlg officer as appropriate. We are prepared to submit a quarterly written report sun:i.marizing those statistics as well as to identify training needs and offer written feedback to the.Meridian Police Chief on those needs identified during the screening process (Le., appropriate report writing, appropriate investigation, etc.).' . While most crim.iI18:l cases are routine, there may be particular criminal matters that are considered "high profile" because they may be 9f a sensitive natu.re and/or have media interest. There will be times when Meridian's Mayor and CitY Council and/or its Police Chiefneed to be kept informed about the status and resolution of these types. of issues. This office is committed to reporting on th~e types of cases in a manner that bestsw.ts the needs of Meridian City, including as-needed telephone calls, monthly or quarterly written reports, and/or Council . presentations. On more routine criminal cases, the Boise City Attorney's office is willing to . ,track and report the number ofMC?~dian City criminal caseS that it handles on a mo~thly basis. , . As for other legal advice and guidance to the Meridian Police Chief, the Meridian Mayor, and the Meridian City Council with regard to criminal prosecution matters, the Boise City Attorney's office will report on a monthly basis the number of hours dedicated to these adntiJ:rist:riltive matters and provide a quarterly report summarizing the number and status of outstanding and closed Legal Information Requests. 9 TyPe and Manner of Case Referral Upon execution of the contract, the Boise City Attorney's office would begin providing prosecutorial services as well as civil/administrative to Meridian City: . Screening - Boise City has contacted the Ada County Records Manager and can finalize arrangements to have them deliver all non-arrest, not-cited reports and all citations to the Boise City Attorney's office along with Boise City's documents. These would be forwarded to the Screening team, where the support staff person would order all the necessary reports and documents to present a packet to the screening attorney. If needed, the screening attorney would assign the matter to the screening investigator for further investigation. Once the packet is complete, the screening attorney would make a decision and notify Meridian and the involved parties on whether the case will be filed. . Prosecution of Infraction and Misdemeanor Cases - Boise City has contacted the Ada County Clerks and can finalize arrangerp.ents so that as soon as the Clerk of the Court assigns a case number for a Meridian matter and begins setting dates, the court clerks would route all Meridian cases directly to Boise City. The Meridian cases would be assigned to the various teams by judge. . Prosecution on Behalf of Other Prosecuting Agencies - Upon receipt of a written conflict' letter from another agency on a Meridian City case, the Boise City Attorney's office would take the necessary steps to transfer the case appropriately. . Advice to Meridlan Police Chief - The civil/administrative support for Meridian Police. Chief would be assigned to the Public SafetylEnterprise team, and a primary Police liaison attorriey would be identified with the Chiefs input and approval. The team leader and primary liaiSon attorney would work directly with the Police Chief to identify the best method of referring specific issues and matters. The team would provide 24-hour, 7 -day coverage to the Police Chief utilizing 'cell phones and pagers, and the assigned Police liaison would provide two full days per week of onsite legal advice at the Meridian police facility. .' Advice and Training to Meridian Police Department - Upon receipt ofa written Legal Information Request from the Meridian Police Chie~ the Public SafetylEnterprise t~ leader would provide a written confirmation assigning an attorney and describing the scope of the request, and the anticipated due date. '. . In-Court Representation - The Boise City Attorney's office would cover Meridian's criminal case matters to the same standards as Boise's. . Any and All Other Duties - Upon receipt of a written Legal Information Request from the Mayor and/or Meridian'City Council, the Boise City'Attorney would provide a written confirmation assigning the appropriate attorney, confIrming the scope of the request, and proposing a due date. 10 Preferred Method of Development of Case Strategy For most routine criminal cases, the paperwork initially comes to the legal secretary, where it is organized and made into a case file. The legal secretary also orders any additional items (i.e., videotapes, audiotapes, reports, etc.) and then prepares discovery response on behalf ofthe handling attorney. The handling attorney then generally reviews the file, performs an initial factual review, requests any additional information, and calculates a proposed offer. On more complex matters, the handling attorney may seek the advice and guidance of a mentoring attorney or a team leader. Historical Client Cost Information The City of Boise generates and prosecutes the majority of the criminal misdemeanors and infractions for the Fourth Judicial Magistrate Court. Over the past four years, our office has provided the following hours in criminal prosecution: FY -98 15,053 FY -99 18,656 FY-OO 20,874 FY-ol 22,224 . . The office haS devoted another 15,902 hours to critninal prosecution efforts through. J~e 2002. Our office also has provided the following hours dedicated to providing civil legal advice and guidance to the Boise Police Department: FY-98 819 FY -99 1,899 FY-oO . FY-ol 1,601 1,261 "The office has spent another 1,659 hours through. June 2002 for providing Police legal services. In addition, the Boise City Attorney's Office overall Department expenses over the last four years have been: Expenses . FY-98 FY-99 FY-OO FY-ol Personal Services 1,908,561 2~151,418 2,360,184 ' 2,873,624 M&O 409,080 453,365 569,859 1,108,760 Equipment 42,258 35,788 45,346 53,307 Total 2,359,899 2,640,571 2,975,389 4,035,691 . .11 ~ SECTION VI Description of Service to the Citv As described in this proposal, the Boise City Attorney's office is dedicated to providing high- quality legal services in a manner that is ethical, timely, and responsive. Our cross-functional approach to law practice is unique and provides intellectual challenge, personal growth, and better customer service for both the clients and the customers of the office. Our organizational structure pennits us to cover all six of the Magistrate court calendars plus the new Family Violence Court. We will provide individual, one-on-one customer service to your Meridian Police Department. We pride ourselves 00 our work product and our legal services. Our commitment is to continuous improvement, and so we constantly work on our quality assurance and process improvement efforts. We work closely with our customers to ensure they understand the pros and cons of any particular action to ensure that we avoid unnecessary activities. We also embrace creativity and. ingenuity by rewarding it in the workplace on both an individual and a team level. We strive to be professional and ethical in all that we do, and we have high standards to which we are committed. As a governmental law ~ we understand the concep~ ofheing cost- conscious and recognize that we remain public servants who act for. the best interests of the City as embodied in our Mayor and City Council. We consider that our services, must have v~ue for our customers, our community, and the taxpayers. We would continue that effort on behalf of your City as well. Weare particularly sensitive to concerns -about conflicts of interest, and our st3.ff are routinely traIDed on ethics and on identifying parties with interests, which are .advers'e to the City of Boise. . Our process can easily be broadened to include. recognition of those issues that are adverse to Meridian City. In any situation where there may be a conflict between the interests of the tWo cities, we ar~ prepared to utilize one of our existing outside legal counsel contracts to provide specific cowisel for Meri~an City. 12 SECTION VII Other Information Boise City already is actively working with the Fourth Judicial Court as it develops its new Family Violence court. This will be a courtroom dedicated to addressing families with violence in the home that have both pending criminal and civil cases. While representatives from Meridian have not been able to join the discussions so far during the development, Boise City is willing and able to represent Meridian's interests in this new approach as well as staff the new courtroom that will be required. Boise City also prides itself on its efforts to develop and track good statistical data that helps determine whether it is providing the services in the best way possible. We periodically review our closed cases for both Driving Under the Jrrfluence (DUl) and Domestic Violence-related (DY) charges and develop statistics to evaluate our success in prosecuting these types of cases. We are proud to note that our conviction rate forDUls is over 87% and we dismiss fe'Yer than 2% ~fthe cases. On DV cases, we have an overall conviction rate of 77%, with fewer than 23% oithe cases dismissed. We believe this type of statistical information is not only indicative of the quality service we will provide to your City, but also is vital information that your City can use in managing this contract. Boise City offers basic victim/witness services as part of its package.. Our victim/witness coordinators serve as a liaison between the victims/witnesses of crimes and the prosecutors. They help victims to understand their rights and assist them through the court process. They also provide victims with short-term crisis intervention, long-term commwiity resources, and vital .co~unity information to assist them with their assessed and impli~d needs. This service has 'proven invaluable for Boise City, and we expect that it would provide the same benefit to' Meridian City as well. ' As an add-on service, Boise City is prepare to offer on...cal1 victim/witness services for both ' ~demeanor and felony d~mestic violence cases as well as for sexual assault, rape, and other violent crimes.. After piloting an on-call program for misdemeanor domestic violence cases, Boise determined that proViding an onsite person who could immediately assist victims with . crisis interVention and assist officers in their initial investigation was a valuable service. Boise . had already determined that on-call victim/witness services for felony cases were invaluable in assisting police to investigate violent and:~~atic crimes~ '. As another add-on to its overall prosecutori,al services, Boise City is prepared to provide juvenile accountability diversion services as well. The Juvenile Accountability Program is a federal grant-funded program to divert juveniles out of the overburdened criminal justice system. .It offers a unique opportunity fQr juveniles with flfSt-time tobacco and alcohol violations to dispose of their citations without going to court. Instead, juveniles and their parents are assessed and 'referred to community resources and ed~cation classes. . While a ~u~ber of the tickets are . referred toAda County's Youth Court program (a peer-based diversion process), the remaining ones are handled in-house. The JA coordinator works with the juvenile and 'their parents to ensure that both are ~ual1y accountable, requiring them all to sign a contract agreeing not to use toba~o, alcoh'QI",or i~leg1i1 substances througho~t the diyersion pr:ocess. The juve~i1ea<iI!ltts their guilt, and the ticket is held rather than filed wit~ 'the cO~rt. As part of ~he diverSion, the 13- ( juvenile is required to attend substance abuse education classes, perform community service within the City to give back to the community, and provide a written essay about the experience. If there is a need, the juvenile and his parents are referred to other community resources, such as counseling. If a juvenile fails to complete all the requirements of the diversion or re-offends within one year, then the citation is filed with the Court. According to the Association of Idaho Cities (AlC), Meridian City had submitted an Intent to Use fooo; however, your City had not submitted the necessary follow-up paperwork to accept the grant by the necessary deadline. Our conversations with AlC indicate that despite tp.e delay, if Meridian immediately signs a waiver to "pass through" their assigned lAmG funds to Boise City, we can begin handling cases on your behalf as proposed here. Both of these options are ongoing services that our office already provides to its current customers and can easily incorporate into the services that Meridian could use. 14 APPENDIX A Staff Qualifications . Public Safetv/Liaison Team Elisa G. Massoth, Assistant City Attorney/Team Leader J.D., University ofIdaho College of Law, May 1997 Assistant City Attomeyffeam Leader, Boise City Attorney's Office, April 200 I-Present Attorney, Moffatt Thomas, May 2000-April 2001 Assistant City Attorney, Boise City Attorney's Office, April 1998-May 2000 District Court Law Clerk, Honorable Judge Horton, August 1 997-April 1998 Judicial Advisor, U ofI Student Advisory Services, August 1996-May 1997 Legal Intern, Oregon Coalition Against Domestic & Sexual Violence, June 1995-July 1995 Paul J. Fitzer, Assistant City Attorney. Jill B. Musser, Assistant City AttorneylBPD Legal Advisor J.D., Washington University School ofUw, 1990 . As$istant City Attorney, Boise City Attorney's Office, February .1996-Present . Deputy Prosecuting Attorney, Ada County Prosecutor's Office, August 1990-November 1994 Volunt~~ Intern, King CQunty Prosecuting Attorney's Office, Sununer 1989 Urban ~w Program, Washington University School.of'Law, Spring 1990 Marlene Nothling, Legal Secretary . Legal Secretary, Boise City Attorney's Office, 200 I-Present. Senior Customer Specialist, PeopleFirst.Com, 2001 . ParaLegal, Collection House (Australia), 1996-2000 ParaLegal, Jones .King Lawye~ (Australia), 1993-19~6 Douglas K. Strickling, Assistant City Attorney J.D., University of Idaho, 1984 , . Assistant City Attorney, Boi~e C~ty Att01:nets Office, 198~Present 15 I Alison Stieglitz Tate, Assistant City Attorney J.D., University ofIdaho, 1995 Assistant City Attorney, Boise City Attorney's Office, February 2002-Present Prosecuting Attorney, Garden City, October 2000-February 2002 Deputy Attorney General, State ofIdaho, October 1998-0ctober 2000 Associate, Gordon Law Offices, October 1997-0ctober 1998 Deputy Public Defender, Ada County Public Defender's Office, June 1996-0ctober 1997 . Law Clerk, Honorable Thomas F. Neville, June 1995-June 1996 Michelle Eisenbeiss- Taylor, Legal Secretary Legal Secretary, Boise City Attorney's Office, 1993~Present Secretary/Receptionist, Hoff Forest Products, 1989-1993 Matt Wilde, Assistant City Attorney Assistant City Attorney, Boise City Attorney's Office, August 1996-Present Parlcs/Planning & Develo'oment Team William L. .M. Nary, ASsistant City Attomeylfeam Leader J.D., University ofIdaho, 1985 As~istant City Attorney, Boise City Attorney's Office, 1989-Present- Partner, ,Ambrose Fitzgerald & Crookston, 1985-1989- Prosec~tor, Meridian City, 1985-1989 Ted Baird, Assistant City Attorney , J.D.IMB~., Willamette University, 1988 , Assistant City Attorney, Boise City A~9rney?s Office, M~cp.2000-Present Associate Attorney, Ramis & Crew Law Firm, September 1994-July 1996 Assistant City Attorney, City of Beaverton, January 1993.September 1994 Assistant City Attorney, Boise City Attorney's Office; February 1991~January 1993 Associate Attorney" yturri Rose Law Firm; July 1988-July 1990 Emily Kane, Assistant City Attorney , , J.D. & Environmental & Natural Resource Law Certificate, Northwestern School of Law of Lewis & Clark College, 2000 ' Assistant City Attorney, Boise City Attorney's Office, September 200l-Present Judicial Clerk, 'Q1e Honorable Daniel MeeW, June 2009-September 2001 Legal Intern, 'Department of Interior-Indian Law Section, May 1999-August 1999 Legal Intern, Lewis & Clark Legal Clinic, August 1999-December 1999 Law Clerk, Schroeder Law Offices, May 1998-April-1999 16 ' ) R. Stephen Rutherford, Assistant City Attorney J.D., University ofIdaho College of Law, 1996 . Assistant City Attorney, Boise City Attorney's Office, November 1999-Present Meridian Prosecuting Attorney, White, Peterson, Pruss, Morrow & Gigray, August 1998- November 1999 Public Defender, Ada County Public Defender's Office, September 1996-August 1998 Teresa Sobotka, Assistant City Attorney J.D., University ofIdaho, 1987 Assistant City Attorney, Boise City Attorney's Office, 1993-Present Prosecutor, Garden City, 1992-1993 Special Prosecutor, AdaJElmorelPayettelIdaho/Canyon/GemIW ashington/ AdamsN alley Counties, 1989-1992 . Deputy Attorney General, State of Idaho AttomeyGeneral's Office (H&W), 1987-1991 'Mary Watson Tyree, Assistant City Attorney Assistant City Attorney, Boise City Attorney~s Office, 200l-Present James F. Wickham, Assistant Cjty Attorney J.D., University of California, Hastings College of Law', 1974 Assistant City Attorney, Boise City Attorney's Office, October 1988-Present Associate, Harris & Sutto~ .March 1987-Septetnber 19~8 Deputy Attorney General, State of Idaho Attorney General's Office (H&W), November 1980-February 1987 . Attorney, Private General Practice, February i979-October 1980 Assistant Attorney General, State of Idaho Attorney General's Office (H&W), September 1975-January 1979 . Law Clerk, Rhodes & Sherro<t June 1973-May 1974 Litigation/Screening Team ~oge~ E. Cockerille, Assistant City Attorneytream Leader J.D., University of Wyoming College of Law, 1992 Assistant City Attorney, Boise City Attorney's Office, 1997-Present Associate, Lathrop & Rutledge, 1993-1996 Law Clerk, U.S. District Court- Wyoming, 1992-1993 Student Director, Prosecution Assistance Clinic, 1991-1992 17 Rondee Blessing, Assistant City Attorney J.D., University ofIdaho College of Law, May 1998 Assistant City Attorney, Boise City Attorney's Office, January 2000-Present Law Clerk, The Honorable Daniel T. Eismann, August 1998-December 1999 Student Prosecutor, University of Idaho Student Advisory Services, August 1997-May 1998 Law Clerk, Manweiler, Bevis & Cameron, May 1997-August 1997 Kevin Borger, Assistant City Attorney J.D., Washburn University of Topeka, 1986 Assistant City Attorney, Boise City Attorney's Office, 1991-Present Attorney, Solo Practitioner, 1988-1991 Associate Attorney, Meuleman & Miller, 1986-1988 James Scott Dowdy, Assistant City Attorney J.D., University of South Dakota, School of Law, '1999 Assistant City Attorney, Boise City Attorney's Office, July 20004Present Judicial Law Clerk, The. Honorable Nathan Higer, August 19994July 2000 Legal Intern, Moscow City Attorney, January 1999-April1999 Exte~ Office of the U.S. Attorney Oeneral - Idaho, May 1998-July 1998 , . Randall S. Grove, Assistant City Attorney J.D., University of Washington School of Law, 1991 Assistant City Attorney, Boise City Attorney's Office, 1997-Present , . Deputy Prosecuting Attorney, Canyon County Prosecuting Attorney's Office, 1994-1997 Deputy Prosecuting Attorn~y, Ada County Prosecutor's Office, 1991-1994 Legal Intern, U.S. Attorney-Washington, 1990 Scott B. Muir, Assistant City'Attorney J.D., University of Idaho, College of Law, 1990 Assistant City Attorney, Boise City Attorney's Office, January 200 I-Present Deputy Attorney. General, State of Idaho Attorney General's Office (Finance), September 1997-January 2001 Deputy Attorney General, State ofIdaho Attorney General's Office (Insurance), January 1996-September 1997 Attorney, Quane, Smith, Howard & Hull, June 1990..January 1996 J. Paige Wilkins, Assistant City Attorney . J.D., University ofIdaho; College ~fLaw, 2000 ,Assistant City Attorney, Boise City Attorney's Off).ce, October 2000-Present Appellate Clinic Intern, University of Idaho Legal Aid Clinic, 1999-2000 Extem~ .The Honorable Jim D., Pappas, Summer ,199? l8 .. I t" Administrative Team Michelle Albertson, Paralegal Legal Assistant Certification, 2001 Paralegal, Boise City Attorney's Office, May 2002-Present Legal Secretary, Boise City Attorney's Office, December 1997-May 2002 Senior Secretary/Accounting Specialist, Boise Fire Department, August 1991-December 1997 Secretary II/Court Clerk I, Chandler City Court, April 1986-June 1991 Legal Secretary, Whipple & Byington Law Office, June 1982-March 1986 Debbie G. Allen, Paralegal ADPS, The Paralegal Institute, 1998 Paralegal, Boise City Attorney's Office, December 1999-Present Paralegal, Department of Environmental Quality, March 1998-December 199-9 Admini~trative Legal Assistant, Department .ofHealth & Human Services, October 1997- March 1998 - . HUman Resources Associate, Montana State Fund, March 1997-0ctober 1997 Paralegal, Wewer Law Firm, September 1996'-March 1997 Administrative AssistantJParalegal, Federal Defenders of Montana, September 1993- September 1996 Administrative Assistant II, Montana Department of Revenue, April 1990-September 1993 Office ManagerlLegal Secretary, O'Brien Law Office; May 1985-Apri11990 Legal SecretarylBooIckeeper, McClain & Dowdall, November 1984-May 1985 Legal SecretarylBookkeeper, Morales, Volinkaty & Harr, March 1979-November 1984 Legal Secretary, Tipp, Hoven & Skjelse~ February 1978-February 1979 19 r , . 20" September 13,2002 Tn: Matthew Haynes, Juvenile Accountability Coordinator, City of Boise City of Meridian From: Juslin Oliver Ruen, Association of ldaho Cities Rc: 2001 Juvenile AccountabiHly Tncentive 'Block Grant 'rhc purpos-e of this memo is La summarize conversations 1 have had with Allan Miller of the Dcpartl1~cnt of Juvenile Corrections (Ole) concerning the possibility of tho City of Mclidian wniving tlll~ir 2001 JA1BG funds to the Cily of13oise for ajuvenile nccounlability program. Miller said that such a waiver could still bo accomplished forthc 2001 grant, and that DIe would encourage such an arrangement so that the funds arc tlli1iz~d. Thd City oCf..{eridian will need to complete a waiver farm, which must subs~.quently be aCC(,~pted by the CiLY ofUoise. If you have any further qu~tions, do not hesitate to give me a call. RESOLUTION 17303 BY THE COUNCIL:';fp. .::~'Bt~T~R.F. E. .LDT' FORNEY, MAPP, MASON O:\\~ fi, "-TED'1EUNG~PAYNE AND WETHERELL Y---",",-_' '(,.,dii' ~ ^"'" ,.. ,.\ """'~ ""'""" '"I'"-.,fY'fi ~ ,,v o "\ ~\ A RESOLUTION RtfT;lffrl~<tllj~~M~YOR'S SIGNATURE AND APPROVING THE AGREEMENT FOR f~l\ APPOlrtl"FMEN~ try THE CITY OF BOISE LEGAL . DEPARTMENT TO F\e-~~ORM PROSEO~~PRIAL AND POLICE LEGAL ADVISOR DUTIES FOR THE ci'v:o~ MERIDlA '''i(bfD PROVIDING AN EFFECTIVE DATE. C> >"''--~ .(, )7' "?;, V?' , C WHEREAS the City t:f\.ltelLdra ad publicized a Request for Proposals in September of 2002 for prosecutorial services to be performed; and WHEREAS after submittal and presentation to the Meridian City Council the City Attorney's office for the City of Boise was selected to perform that service for fiscal year ending September 30,2003; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Agreement by and between the City of Boise City and the City of Meridian, a copy of said Agreement marked Exhibit "AIf attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor has signed said agreement to be in conformance with the starting date of the Agreement of November 1, 2002, we ratify said signature and authorize the Clerk to execute and attest said Agreement for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. R-487-02 ADOPTED by the Council of the City of Boise City, Idaho, this 5th November , 2002. November APPROVED by the Mayor of the City of Boise City, this 5th day of ATTEST: ,2002. APPROVED: MAYOR CITY CLERK day of AGREEMENT FOR CITY PROSECUTOR I CRIMINAL LEGAL SERVICES This Agreement for City Prosecutor/Criminal Legal Services (hereinafter referred to as "Agreement") is made this I sf: day of ~t/eN(/~/L , 2002, between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Meridian"), and the City of Boise, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as "Boise"). RECITALS 0.1 Pursuant to Idaho CodeS 50-204 and Meridian City Code S91-8-1 and 1-8C-1, on August 16, 2002 Meridian requested the submission of proposals from qualified firms to provide certain city prosecutor/criminal legal services to Meridian. A copy of Meridian's Request for Proposals (RFP NO. 02-002) is attached hereto as Exhibit "AIf and is incorporated in full herein and is made a part of this Agreement by this reference. 0.2 In response to Meridian's request for proposals, Boise, through the office of the Boise City Attorney, submitted a Response dated September 16, 2002, a copy of which is attached hereto as Exhibit "B" and which is incorporated in full herein and is made a part of this Agreement by this reference. 0.3 Among the proposals received in response to Meridian's request for proposals as set forth above, Meridian has deemed the proposal submitted by Boise as the most advantageous to the best interest of Meridian. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, Meridian and Boise covenant and agree as follows: 1 INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2 DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Fiscal Year" means and refers to Meridian's fiscal year, now beginning October 1 st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for Meridian. 2.2 "MPD" means and refers to the Meridian Police Department. 2.3 "Primary Legal Services" means and refers to all of the following: 2.3.1 Legal services necessary to prosecute all criminal misdemeanors, infractions, and all violations of the City Code of the City of Meridian involving matters occurring within the corporate limits of the City of Meridian, or pursuant to the Memorandum of Understanding between MPD and the Boise Police Department; or initiated by Meridian, or involving the enforcement of Meridian's ordinances and/or Idaho State Law; AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 2 2.3.2 Prosecutorial intake screening and review of all police-generated reports and citations, the timely filing of decisions thereon, and prompt notification of decisions to MPD and customer; 2.3.3 Prosecution on behalf of other prosecuting agencies (conflicts and transfers) involving MPD concerning infractions and misdemeanors; 2.3.4 Coverage of Meridian's caseload in Family Violence Court; 2.3.5 Provide civil legal advice and guidance to the Meridian Police Chief . and MPD; 2.3.6 Provide access to members of the Boise City Attorney's Public Safety/Enterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under a protocol to be developed with the Meridian Police Chief; 2.3.7 Provide legal services through Boise's dedicated assigned police liaison attorney (as approved by the Meridian Chief of Police) at the MPD facility during normal business hours for not less than sixteen (16) hours per week at such times as determined by the Meridian Police Chief; 2.3.8 Provide prompt written responses to Legal Information Requests approved by the Meridian Police Chief, his designee, or from Meridian's Mayor or City Council; 2.3.9 Routine review and approval of all public records requests received by the MPD (or received by Meridian concerning police matters); AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 3 2.3.10 Provide Meridian with legal training on issues such as search and seizure, public record requests, and civil liability; 2.3.11 Provide further training of MPD personal on other needs (including those identified through the screening process) as requested by the Meridian Police Chief; 2.3.12 Provide MPD with regular legal bulletins, including relevant Idaho, U.S. Supreme Court, and the Ninth Circuit case law and decisions; 2.3.13 Provide victim/witness services in criminal misdemeanors including timely contact with victims (either by telephone or automated letter notice) by a victim/witness coordinator to advise of victim rights on all required cases; preparation of victims/witnesses for domestic violence-related cases (domestic assault, domestic battery, violation of no contact order, violation of protection order, stalking, telephone harassment when associated with one of the preceding, and malicious injury to property when associated with one of the preceding) and all cases with restitution; and coordination and liaison with prosecutor on the above-mentioned cases; 2.3.14 Provide Meridian with juvenile accountability services for all juveniles with first-time tobacco and alcohol tickets regarding offenses occurring within the corporate limits of the City of Meridian, including staffing at the MPD facility as agreed upon with Meridian's Chief of Police to peliorm assessments, initial and exit interviews, scheduling of education classes and community service, and formal complaints AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 4 for the tickets of those who do not qualify, who fail to complete the program, or who re-offend within 12 months of the first offense; 2.3.15 For defendants who receive probation (either supervised or unsupervised) as a result of a conviction for a misdemeanor occurring within the corporate limits of the City of Meridian (or defendants who fail to pay fines and restitution), Boise shall monitor such defendants compliance with the terms of probation, and shall take appropriate action (including the initiation and prosecution of probation violation and/or contempt proceedings, requests for issuance of arrest warrants, etc.) in an effort to obtain compliance; and 2.3.16 Provide all other services as set forth in the Response submitted by Boise (Exhibit "B"), excluding Optional Legal Services as defined above. 3 SERVICES PROVIDED BY BOISE. Pursuant to the terms of this Agreement, Boise is hereby appointed by Meridian to perform all Primary Legal Services for Meridian and such other Optional Legal Services as requested by Meridian. 4 PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twelve thousand six hundred seventy and 00/100ths dollars ($12,670.00) per month. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 5 4.1.1 Payment for Primary Legal Services shall be paid by Meridian to Boise or before the 20th day of the following month. 4.1.2 In addition to the monthly retainer amount, Meridian shall execute a waiver to transfer the JA1BG grant funds (in the approximate amount of $11,708) previously assigned to Meridian to BOise. 4.2 Compensation for victim/witness services performed by Boise at the request of Meridian shall be paid at the rate of $50.00 per hour for services performed by Boise's victim witness coordinators (who shall be available 24 hours a day 7 days a week and who shall also provide follow-up for all violent misdemeanor crimes). plus reimbursement for mileage to and from the Boise City victim witness coordinator office and all crime scenes and victims' . locations which are located outside Boise City limits. 4.3 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket expenses). Provided the invoice is received by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. 5 TERM. The term of this Agreement shall commence November 1,2002 and shall continue until the end of Meridian's current Fiscal year, September 30, 2003, subject to renewal or extension as set forth in this Agreement. 6 REPRESENTATIONS AND WARRANTIES OF BOISE. Boise represents and warrants to Meridian as follows: AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 6 6.1 Authority. Boise has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. 6.2 Performance of Services. Boise agrees to perform all of the services and work set forth in this Agreement in a timely, efficient, and professional manner in accordance with the terms of this Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental body. 6.3 Non-Exclusive Agreement. Boise acknowledges that this Agreement shall not be interpreted to limit Meridian's authority to retain the services of outside legal counsel to perform any legal services other than Primary Legal Services, whether as a result of Meridian's need for special expertise or otherwise. 7 I NSURANCE. For the purposes of this Agreement, Boise shall carry the following types of insurance in at least the per occurrence limits specified below: Coverage Limits of Liability Professional liability (errors and omissions) Workman's Compensation Employer's Liability General Liability (bodily injury and/or property damage) Automobile bodily injury and/or property damage liability (combined single limit) $ Statutory limits $1,000,000.00 $1,000,000.00 $1,000,000.00 8 INDEMNIFICATION. Boise shall indemnify and hold Meridian, and its officers, agents, and employees, harmless from any and all liability, damage, or expense, including attorney fees, which may be brought, claimed, or pursued against Meridian or its representatives arising out of the intentional act, negligence, or omission of Boise or its employees, agents, or representatives. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 7 9 POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties may mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10 TERMI NATION. This agreement may be terminated upon mutual agreement of the parties. Meridian shall also have the right to remove Boise's appointment as Meridian's attorneys in the manner as set forth in Idaho Code S 50-206 and terminate this Agreement, with or without cause, at any time, which termination shall be effective upon service of written notice to Boise in the manner as setforth herein. In the event of a termination, Meridian shall remain responsible to pay Boise for all services provided through the date of termination pursuant to the terms of this Agreement. 11 GENERAL PROVISIONS. 11.1 Attorney's Fees. If any action or proceeding is instituted to enforce or construe any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 Binding Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11.3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of Idaho. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 8 11.4 Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: Notice to Meridian: Robert D. Corrie, Mayor Meridian of Meridian 33 East Idaho Street Meridian, Idaho 83642 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 9 Notice to Boise: Boise City Attorney .City Hall 150 N. Capitol Blvd. P.O. Box 500 Boise, Idaho 83701-0500 11.5 Paragraph Headings. The paragraph headings of this Agreement are for clarity in reading and not intended to limit or expand the contents of the respective paragraphs. 11.6 Partial I nvalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision of this Agreement is prohibited by, or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11.7 Further Assurances. The parties each for themselves do further covenant to the others to execute any and all other documents necessary to effect the transfers contemplated by this Agreement. 11.8 Time. Time is declared to be of the essence to this Agreement. 11.9 Waiver. The rights and remedies of the parties to this Agreement are cumulative and not alternative. Neither the failure nor any delay by any party in exercising any right, power, or privilege under this Agreement or the documents referenced in this Agreement will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege. AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 10 11.10 No Assignment by Boise. Boise shall not sell, assign, or transfer all or any portion of its interest in this Agreement at any time. 11.11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 11.12 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. 11.13 Execution and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original agreement, but all of which shall be considered one instrument. 11.14 Amendments. This Agreement may not be amended, modified, altered or changed in any respect whatsoever, except by further agreement in writing duly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and year first above written. MERIDIAN: By: ATTEST: Page 11 STATE OF IDAHO ) ) ss. County of Ada ) On this .3.L day of OC)O 6('/ . 2002, before me, a Notary Public, personally appeared Robert D~ Corrie an~)o/A~ Bqr,?, known or identified to me to be the persons whose names are subscribea~t8 Ine W'tlhfn and foregoing instrument as the Mayor and I\uAlN-bjCitfClerk, respectively, of the City of Meridian, and who acknowledged to me that they ''''1'' executed the same for the City of Meridian. IN WITNESS ~wmREQF, I have hereun . . ~" E '~8~ first above wntten.~," "",-",'\C L. J'..t 0';;; ~ <4... V ......o~ <1-;" '". ~ ~.... .~ ~./:;, .... ~ c.. 'r)o ~ $* l ~OTA..tl "'. ~ ~ =. f ~ : . \ -.- : :: . "..! .. : ~ . ~ ~ \. fP~ \. lJBLIC.- f:' ~ or., :-.. ....: to~ "''''-6> ........~ 0 fIi>~ ~###f: OF ID ~. ~",.. ~.............." affixed my offi 'al seal the day and year BOISE: CITY OF BOISE ATTEST: By: Its: City Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this 5th day of November I 2002, before me, a Notary Public, personally appeared H. Brent Coles and Annette Mooney ,known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and City Clerk , respectively, ofthe City of Boise, and who acknowledged to me that they executed the same for the City of Boise. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Nampa , Idaho My Commission Expires: 6-14-05 AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 12 EXHIBIT "A" (Attach copy of Meridian's Request for Proposals [RFP NO. 02-002] here) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 13 CITY OF MERIDI1\N August 16, 2002 RFP NO. 02-002 The City of Meridian is requesting proposals f City Prosecutor / Criminal Legal Services for the City of Meridian. ~rms are invited to submit a proposal in the format outlined in the Request for Proposals. A complete package of requirements necessary to comply with this RFP may be obtained from: will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be conside~ed only if they are submit~ed in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: REF No. 02-002; City Prosecutor/Criminal Lega1 Services for the City of Meridian ~ and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, 10 83642 by 4 :00 p.m. on the 16th day of September, 2002., No exceptions. All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS RECEIVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. - EXHIBIT A ! CITY OF MERIDIAN REP NO. 02-002 The City of Meridian is requesting proposals for City Prosecutor / Criminal Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the prop6~dl is rece~ved must b~ specifically marked: REF No. 02-002; City Prosecutor/Criminal Legal. Services for the Ci ty of Meridian and delivered to: Will Berg Meridian city Clerk 33 E. Idaho Meridian, ID 83642 Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian city Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. N9 verbal clarifications will be binding on the City or the consultant. The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and Omissions), Worker's Compensation Insurance for all employees, and General Liability Insurance in an amount to be determined. Protest of RFP Requirements, Standards, Specifications, or Process: Any Vendor who wishes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor Selection or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection 'of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such'aggrieved person knows or should have known the facts, which give rise to the protest. The protest must set forth in specific terms the alleged reason the Vendor selection or contract award is erroneous. Page 1 of 5 City of Meridian RFP No~ 02-002 City Pr'o:!ecutor I Criminal Legal Service:! Award of Contract: It is anticipated that the City will contract with one person or a firm as needed for fiscal year 2002-03 with the possibility of continuing one (1) year extension(s). We appreciate your interest in this project and realize that the development of a proposal is a costly and time-consuming effort. Please be assured your proposal will be thoroughly reviewed and evaluated. It is anticipated that the contract will be awarded effective November 1, 2002. RFP NO. 02-002 CITY PROSECUTOR/CRIMINAL LEGAL SERVICES FOR THE CITY OF MERIDIAN PROPOSAL SUBMITTAL REQUIREMENTS SCOPE OF WORK: The city of Meridian is soliciting proposals to provide Legal Services for Criminal Prosecution. The specific proposal submittal requirements are' defined below. The anticipated services will relate primarily to: General Legal Municipal Law including but not limited to the following areas of expertise: General Criminal Prosecution including but not limited to the following services: Prosecution of all infraction and misdemeanor offenses generated by the Meridian Police Department; Advise Police Chief on all police related issues to include, but not limited to search and seizure, U.S.C. Section 1983, Idaho Public Records law, arrest and other similar issues to be decided by the Chief of Police; Assist other prosecuting agencies, as needed pursuant to any existing agreements for prosecution services; Proyide on-site service for legal advice in a method and manner to be determined with the Chief of Police; In-Court representation of the city of Meridian on all criminal'matters; Any and all other duties as assigned by the Mayor and/or ci ty Cou"ncil. Page 2 of 5 . City' of Meridian . RFP No. 02-002 City Prosecutor / Criminal Legal Service5 I SUBMITTAL PROCEDURE A. Date & Location: Written proposal submittals are due on the 16th day of September, 2002 at 4:00 p.m. local time at the office of the City Clerk. The envelope in which the proposal is received must be specifically marked: REP No. 02-002; City Prosecutor/Criminal Legal Services for the Ci ty of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 B. Please submit Ten {lO} copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL" "RFP No. 02-002; city Prosecutor/Criminal Legal Services for the Ci ty of Meridian" II PROPOSAL FORMAT Written proposals must be clear, concise and formatted as outlined below to allow for consistent and fair evaluation of each submittal. SECTION I Cover Letter/Signature Page - The cover letter should contain an introduction of you/your firm, a summary of its capabilities to perform the services requested, and a sum.rnary of your firm's experience in this type of work. It also is suggested that you outline your interest in this prqject(s) and ability to respond and perform. The cover letter should be signed by a principal of the firm. The signature page shall be completed and returned with your proposal. SECTION II Available Staff and Equipment - This' section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, ~ summary of equipment capabilities such as word processing, FAX machines, and abi~ity to communicate with the City via E-Mail should be provided. Page 3 of 5 Ci ty 'of Meridian RFP No. 02-002 City Prosecutor / Criminal Legal Services SECTION II I Ability to Provide Responsive Services - The services anticipated by this proposal will, for the most part, be requested on short notice with tight time frames. Please outline your firm's approach and commitment for providing the necessary services in a timely fashion. SECTION IV Cost for Services - Please provide a description of the proposed billing methodology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a description of prior work done in the area of law for which the proposal is submitted- including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of Service to the City - Each_. proposer is requested to describe its methods of determining that matters handled will be timely, professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VII Other (optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. This may include alternatives to the services and methods of delivery proposed by this RFP. Alternatives methods of delivery of services must be very detailed and specific to be acceptable. APPENDIX (OPTIONAL) A. Resumes B. Brochures ~. Letters of Recommendation D. Other Page 4- of 5 Ci ty. of Meridii\ri RFP No. 02-002 City Prosecutor / Criminal Legal Services III EVALUATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff I the Contract will be awarded by the City Council. The City Council has final approval and award authority regardless of staff recommendations. A. Evaluation Criteria: The evaluation will be based on the responses received. The City reserves the right to reject any and all responses received if it determines that action to be in its best interest. The following criteria will be . considered in evaluating the responses received: 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadth and depth of the firm's recent and relevant experience in the provision of comparable legal services. 2. Qualifications and Experience of the Individuals Who Will Perform the Work: This will be based on the resumes and recent relevant experience .of the attorneys who will be working with the City, especially those senior attorneys responsible for directing the services and advice provided to the city. 3. Demonstrated Understanding of the City's Needs: This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. 4. Cost: . The City is keenly interested in overall cost control and will evaluate carefully the hypothetical cost estimates provided in response to Section IV. Page 5 of 5 Ci ty of Meridian RFP No. 02-002 City Prosecutor / Criminal Legal Services EXHIBIT "B" (Attach copy of Boise's Response dated September 16, 2002) AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES Page 14 ~ RECEnTEL). SEP 1 {} 200? City of Meridian City Clerk Offic6 . . BOI'SE C,.1 r V . .0, F. T It:~E' ..:as , . Office .:o~f '.The ctty Att~j(llJ;~Y . ~. RESPONSE " . ~~i; RFP No. Ok-002 'City Prosecutor/Criminal Legai Services for, The City of Meridian EXl1fBITB. ... '.. H, BRENT COLES M..WOR LEGAL DEPARTMENT SUSAN LYNN MIMURA CITY ATTORNEY BOISE CITY OF TREES ~ COUNCIL MEMBERS MIKE WETHERELL COUNCI L PRESIDENT M. JEROME MAPP COUNCIL PRO TEM VERNON L. BISl"ERfELOT PAULA B, FORNEY JON MASON CAROLYN TERTEL1NG.PAYNE September 16, 2002 Mr. Will Berg Meridian City Clerk 33 East Idaho Meridian, ID 83642 Subject: RFP 02-002 ~ City P1"?secutor/Criminal Legal Services for Meridian City Dear Mr. Berg: Thank-you for the opportunity to submit a proposal in response. to Meridian Ci~'s RFP for City Pro'secutodCriminal Legal Services. The ,Boise City Attorn~y's office is a full-service municipal . law fiini: As the agency responsible for prosecuting misdemeanors and infractions 'for the City of BoiSe, we are highly qualified to provide these services on behalf of Meridian City as well. Our office mission is"... to be 14e model public service law. fum and provide high-quality seJ;Vices to our cli~nts and custo~ers in a manner Utat is ethical, timely, and responsive." Summary of-Firm Experience The Boise City Attorney's office currently has 22 attorney positions, 12 legal secretary positions, and 7 other support positions. Our prosecutors and staff currently cover six separate criminal Magistrate judges' calendars - in the same Fourth 1 udicial District as Meridi~. Included as an appendix to our proposal is a summary of the experience of our prosecutors, paralegals, and legal secretaries. We have almost 200 years of combined attorney experience. We believe our experience and expertise ~oul~ be able to suit your n~ at a ~mpetitive c~st. Interest in the Project The Boise City Attorney's office strives for process improvements and opportunities for growth. Boise City also'values the ability to work cooperatively with its surrounding municipalities. Both Boise's Police and Legal Departments have cross-deputization relationships with Meridian. We have provided backup to Meridian for years. We are prepared to offer our high-quality prosecutorial and criminal legal services to Meridian and have the resources to respond to your community's needs. CITY HALL. 150 N. CAPITOL BOU.LEVARD. ,P.o. BOX 500,. BOISE. iDAHO 83101-0500..208/3'84;3870 FAX 208/384.4454 · An Equal Opportunity Employer · www.cltyol'bolse:org . ..,0. Pfl.lCd "" -rc:I<!I..... 0. Other Information The Boise City Attorney's office is unique in the way that it provides legal services to its customers and clients. While most traditional municipal firms have staff who perform either solely criminal or civil legal work, our office is divided into cross-functional teams that perform both. Six to seven attorneys and three to four legal secretaries are assigned to a team. Working together, each team not only covers two criminal court calendars, but also provides legal services to several internal City customers, such as Planning and Development Services, Public Works, and Police. We believe this diversity in assignments allows us to retain the best-qualified staff for longer periods oftime and keep them actively involved, challenged, and satisfied in their assignments. I am excited at the prospect of sharing my staffs talents with Meridian. I want to affirm our commitment to providing excellent customer service and experience with little disruption. UnJike manY other bidders, we will not need to create protocols, processes, and new software because these are already in place. Please accept this letter as o~ interest in this project and this Request for Proposal as an outline of our ability to respond and perform. Sincerely, Lynn Mimura Boise City Attorney SMUdq SIGNATURE PAGE r Signature Susan Lvnn Mirnura Proposer Name Boise City Attornev Proposer Title Boise City Attornev's Office Proposer Firm 150 North Capitol. Boise ill 8370.1-0500 Proposer Adm:ess . 208/384-3870 & '2081384-4454 Proposer Telephone.& Fax Numbers 000022175::S Federal Tax ill Number SECTION II Available Staff and Equipment Available Staff The Boise City Attorney's office proposes to incorporate Meridian City's criminal prosecution cases into its existing cross-functional team structure. Currently, there are three attorneyllegal secretary teams that perform criminal prosecution work to cover six criminal court calendars: . Litigation/Screening Team - The Litigation/Screening team is under the leadership of Roger Cockerille, a seasoned attorney with over ten years of experience. The team is responsible for covering the criminal court calendars for both Judge Morden and Judge Watkins. Currently, the team has seven attorneys, three legal secretaries, and one police officer/investigator. The team provides litigation support for the City by providing assistance to attorneys on other teams who may be handling litigation matters, by handling litigation assigned in-house, orby overseeing the contracts for litigation handled by outside legal counSel. Its primary custoIIler is the City's Risk Manager, and it pr~vides civil legal advice and guidance for labor relations, union grievances for both Police and Fjre, workers' compensatio~. and collections. . This team is also different in that it performs the screening function for all incoming tickets .and citations to determine whether to file criminal charges. . ParkslPlanning & Develooment Team - William L. M. Nary heads this team with his 17 years of municipal experience. He mailages six full-time attome~ and four legal ' secretaries and also oversees a part-time contract attorney. The team handles the criminal court calendars for Judges Minder and Swain. Its primary customers are the Planning & Development Services Department, the Parks Department, the Library, and the Ombudsman. . Public Safety/Enterprise Team - With five years of experience in both private and public sector law, Elisa M~soth oversees this team. The team covers the criminal court , calendars for Judge Bieter and Judge Schmid.t. Currently, the team has six attorneYs and three legal secretaries; however, -the office would fill both an attorney and a legal secretary position upon award of the Meridian City contract The team's primary customers include the Aviation and Transportation, Public Works, Police, and fire Departments. This team also is in charge ofhelpmg to create the new Fourth Judicial District Family Violence Court and int~gra~g that additional court calendar and method of handling cases into our office. On each of these teams, the attorneys and sUpport staff perform both civil and <?riminal duties. In addition to the above-mentioned stan: the Boise City Attorney's office also has an Administrative Support team that"provides support to the office as a whole.' Included in that team's responsibilities are the file management, reception, legal research; and other administrative duties. A summary of the experience of our staff is attached as an appendix to this proposal packet. 4. The Boise City Attorney's office proposes to offer civil legal advice and guidance to the Meridian Police Chief and Meridian Police Department (MPD) by assigning the Public Safety/Liaison team. In addition to having a dedicated Police liaison attorney who we propose will be onsite at Meridian's Police Department Building for two days each week, the team will provide the Chief with 24-hour on-call support seven days a week as well as specialized training upon request. Available Equipment The Boise City Attorney's office is a fully automated office. Each staff member has a personal computer on their desk, and all PCs are upgraded and replaced on a three~year cycle. The computers are linked to the Citywide network, which uses GroupWise 5 for its calendaring and messaging. This system also permits entities and individuals outside the City to communicate with our staffby e-mail. While most staff currently use the Corel WordPerfect Suite for their word processing, spreadsheet, and presentation needs, the intent is to have all staffusing Microsoft Office within the next two years. Our staffutilize PowerPoint presentations for courtroom exhibits and presentationS. The office also has an automated file management system which barcodes and tracks files, as well as an automated victim/witness case management system that prints out victim and witness notifications automatically. . ~ . . . We also contract with Ada County to utilize the AS400, which currently provides calendaring and activity for the Fourth Iudicial Court ~ The office has contracted for electronic research with Westlaw that includes all Idaho databases (case law, legislative documents, administrative rules~ attorney general opinions, etc.), as w.ell as all other s~te appellate cases. In addition, we have access to the Ninth Circuit Court of Appeals, all Idaho federal-cases, the United States Supreme Court cases, and U.riited States statutes. "'l i .. , J . . We also -have many other electronic support systems, including facsimile machiIies, printers, and copiers. . . 1 1 .' 5 SECTION III Ability to Provide Responsive Services The Boise City Attorney's office prides itself for its current prosecutorial efforts on behalf of the City of Boise. We are prepared to provide the same high-quality prosecution services on Meridian City's behalf as well. We currently have a cross-deputization relationship with Meridian and already provide backup and support for legal services, including prosecution of conflict cases. We are familiar with and understand the Ada County Magistrate Court's systems, timeframes, court clerks, andjudges. Integrating Meridian City's workload into our current practice would be transparent to defendants, attorneys, judges, and the public. We provide legal services in a unique and distinctive manner - through cross-functional teams. Everyone on the team practices both civil and criminal wQrk, to some degree. We believe this diversity in work assignments h~ lead to greater job satisfaction and improved the quality of work produced by our staff. Our office stmcture and management culture allow for greater participation, self-direction, and input In addition, the concept of teaming has individual performers looking at the bigger picture and seeing how their individual actions may affect more than just themselves'. Where one or two attorneys in a small practice may spread themselves too thin trying to cover.multiple functions and courtrooms, our teams' allow us to better manage and balance our resources. The pross-functionality eJ:lSUfCS that. every team member has exposure to knowledge and skills in relevant subjects such as public records, liability; employment law, . federal employment requirements, and contracts. The t~g establishes norms and . consistency'in practice among staff so that anyone attorney can look at a file initially prepped by another attorney and feel comfortable walking into court to handle the E!ase~ -Again, this increases our ability to. be responsive and timely. We also have a distinct advantage over other funis because we have access to the Ada County's AS400 criminal justice system. This system schedules and tracks. the Court' s activiti~ by defendant 8J;ld case. This access permits us to rim reports to ensure that we have the most up-to- date information on the cases we handle. Rather than, relying. only upon the trial settings, which ~ve py mail, our staff have the ability to immediately look up a defendant or a case and determine whether something 'has changed at their individual desktops. ahd at aworksite in the Ada County Co~ouSe. . .6' C\ ~ ~ :J' J SECTION IV Cost for Services As an existing govemmentallaw firm, the Boise City Attorney's office has the ability to offer to Meridian a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Legal Services Primary prosecutoriallegal services would include: · Prosecutorial intake screening and review of all police-generated reports and citations · Timely filing decision and notification back to police and customer; · Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD ~d BPD; · Prosecution on behalf of other prosecuting agencies (~onflicts and transferS) involving MPD, including infractions, misdemeanors, and felony cases; · Coverage of the. new caseload in Family Violence Court. Primary civil legal advice arid guidance to the Meridian .Police Chief and MPD would include: · Access to members of the Public SafetylEnterprise team for immediate assistance 24 hours a day, 7 days a week through cell phone andlor pager under a protocol to be deyeloped with the M~ri~an Police Chief; . On.site legal services by the dedicated assigned Police liaison attorney tWo days each week; · Written responses to Legal Information Requests approved by the Meridian Police Chief; · . Routine review 1U1d approval of the MPD's public reCords requests; . Superior legal training' for Block Training, Advanced Academy, on search and seizure, . . public record requests, and civil liability; . . · Training 'on other needs (incl~ding those identified through the screening process) by request of the Meridian Police Chie~ . · Regular legal bulletins, inclucfuig Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Basic VictimlWitness services would include: , . · Timely contact with vic~ (either by telephone or. automated letter notice) by a victim/witness cooidinator to advise of-victim rights on all required cases; · Preparation of victimsl~tnesses for Qomestic violenc>>related cases (do~estic assaul4 do~estic battery, violation ~fno contact order, violation ofproteCtlon order, stalking; telephone harassment when associated with one -of the preceding, and malicious injury to 'property when associated with one of the preceding) and aU cases ~th restitution; . Coordination and li.aison with prosecutor on the above.mentioned.cases, . AnnualCost ~$~ . .. . ilf.(mtw.y InstaJlm~nt ~67~ .~!JV. 7. Optional Services Boise City also is offering two optional services to Meridian: . On-call victim/witness services (24/7) and follow-up for all violent crimes including sexual assault, rape, and domestic violence-related cases (both felony and misdemeanor) as described before. $50/hour + mileage to and from the crime scene, victims' locations, or court . Juvenile Accountability Services for all juveniles with fIrst-time tobacco and alCohol tickets, including two afternoons each week onsite for assessments, initial and exit interviews, scheduling of education classes and community service, and formal complaints for the tickets' of those who do not qualify, who fail to complete the program, or who re-offend within 12 months of the frrst offense. In order to implement this . portion, Meridi~ City only y.rould need to sign over its $11,708 JAJ,BG dollars to Boise City; Boise City would cover the required match of $1 ,30 1. , V FFYOl JAIBG dollars - $11,708* '*Federal dollars. assigned from Meridian City to Boise City 8 .. SECTION V Description of Prior Experience Prior Experience The Boise City Attorney's office offers tremendous experience in the prosecutorial practice of law. The overall legal experience of our attorneys ranges from a minimum of I year to a maximum of 27 years. Every attorney and every legal secretary in our office has performed both civil and criminal work. While our criminal practice primarily prosecutes misdemeanors and infractions, we have 12 attorneys who have prosecuted felony cases. In addition, we currently have Memorandums. of Agreement with the surrounding agencies to permit our attorneys to prosecute on behalf of Meridian. Garden City, and Ada County. Therefore, our staff has continuously provided backup support in prosecuting caSes on behalf of Meridian. Preferred Method of Relating to an.mstitutional Client Since we already provide support to an "~titutiona1 client" (i.e., the S~teofldaho in prosecution cases or the Boise City Council arid Mayor in civil matters), we are familiar with the particular requirements for a governmental <;:lient. For those Meridian citations and reports where prosecution is declined, the B<?ise C~ty Attorney's office will. issue written notices to the defendants, victims, and the investigating officer as appropriate. We are prepared to submit a quarterly written report ~g those statistics as well as to identify training needs and offer written feedback to the:Meridian Police Chief on those n~ identified during the screening process (i.e., appropriate report writing, appropriate investigation, etc.). -' While mo.st c~ cases are routine, there may be particular crim.inal matters that are considered "high profile" because they may ~ ~f a sensitive nature andlor have media interest. There will be times when Meridian's Mayor and CitY Council and/or its Police Chief need to be kept informed about the status and r~olution of these types-of issues. This office is committed to reporting on these types of cases in a manner that best suits the needs of Meridian City, including as-needect telephone calls, monthly or quarterly written reports, and/or Council . presentations. On more routine criminal cases, the Boise City Attorney's office is willing to . .track and report the number ofMC?~dian City criminal cases ~t it handles on a monthly basis. . - As for other legal advice and guidance to the Meridian Police Chief: the Meridian Mayor, and the Meridian City Council with regard to criminal prosecution matters, the Boise City Attorney's office will report on a monthly basis the number of hours dedicated to these administrative matters and provide a quarterly report summarizing the number and status of outstanding and closed Legal Information Requests. 9 . Type and Manner of Case Referral Upon execution of the contract, the Boise City Attorney's office would begin providing prosecutorial services as well as civil/administrative to Meridian City: . Screening - Boise City has contacted the Ada County Records Manager and can finalize arrangements to have them deliver all non-arrest, not-cited reports and all citations to the Boise City Attorney's office along with Boise City's documents. These would be forwarded to the Screening team, where the support staff person would order all the necessary reports and documents to present a packet to the screening attorney. If needed, the screening attorney would assign the matter to the screening investigator for further investigation. Once the packet is complete, the screening attorney would make a decision and notify Meridian and the involved parties on whether the case will be filed. . Prosecution of Infraction and Misdemeanor Cases - Boise City has contacted the Ada County Clerks and can finalize arrange~ents so that as soon as the Clerk of the Court assigns a case number for a Meridian matter and begins setting dates, the court clerks would route all Meridian cases directly to Boise City. The Meridian cases would be 8:8signed to the various teams by judge. . Prosecution on Behalf of Other Prosecuting Agencies - Upon receipt of a written conflict' letter from another agency on a Meridian City case~ the Boise City Attorney's office would take the necessary steps to transfer the case appropriately. . Advice to Meridian Police Chief-The civil(administrative support for Meridian Police Cbiefwould'be assigned to the Public SafetylEnterprise team, and a primary Police liaison attoniey would be identified with the Chief s input and approval. The team leader ~d primary liaiSon attorney would work directly ~th the Police Chief to identify the best method ofrefening specific issues and matters. The team would provide 24-hour, 7-day coverage to the Police Chief utilizing cell phones and pagers, and the assigned Police liaison would provide two full days per week of onsite legal advice at the Meridian P?lice facility. .. Advice and Training to Meridian Police Department - Upon receipt ofa written Legal . Information Request from the Meridian PoliCe Chief: the Pul?lic SafetylEnterprise t~ leader would provide a written confirmation assigning an attorney and describing the scope of the request, and the anticipated due date. '. . In-Court Representation - The Boise City Attorney's office would cover Meridian's criminal case matters to the same standards as Boise t s. . Any and All Other Duties - Upon receipt of a written Legal Information Request from the Mayor anellor Meridian -City Council, the Boise City' Attorney would provide a written confmnation assigning the appropriate attorney, confmning the scope of the r~uest, and proposing a due date. 10 . Preferred Method of Development of Case Strategy For most routine criminal cases, the paperwork initially comes to the legal secretary, where it is organized and made into a case file. The legal secretary also orders any additional items (i.e., videotapes, audiotapes, reports, etc.) and then prepares. discovery response on behalf of the handling attomey. The handling attorney then generally reviews the file, performs an initial factual review, requests any additional information, and calculates a proposed offer. On more complex matters, the handling attorney may seek the advice and guidance of a mentoring attorney or a team leader. Historical Client Cost Information The City of Boise generates and prosecutes the majority of the criminal misdemeanors and infractions for the Fourth Judicial Magistrate Court. Over the past four years, our office has provided the following hours in criminal prosecution: FY-98 15,053 FY-99 18,656 FY-OO 20,874 FY-Ol 22,224 The office haS devoted another 15,902 hours to criininal prosecution efforts through Jun~ 2002. Our office also has provided the following hours dedicated to providing civil legal advice and guidance to the Boise Police Department: FY-98 819 FY-99 1,899 FY-OO . FY-Ol 1,601 1,261 "The office has spent another 1,659 hours through June 2002 for providing Police legal services. In addition, the Boise City Attorney's Office overall Department expenses over the last four years have been: Expenses . FY-98 FY-99 FY -00 FY-Ol Personal Services 1,908,561 2,151,418 2,360,184 . 2,873,624 M&O 409,080 453,365 569,859 1,108,760 Equipment 42,258 35,788 45,346 53,307 To~l 2,359,899 2,640,571 2,975,389 4,035,691 . .11 SECTION VI Description of Service to the City As described in this proposal, the Boise City Attorney's office is dedicated to providing high- quality legal services in a manner that is ethical, timely, and responsive. Our cross-functional approach to law practice is unique and provides intellectual challenge, personal growth, and better customer service for both the clients and the customers of the office. Our organizational structure permits us to cover all six of the Magistrate court calendars plus the new Family Violence Court. We will provide individual, one-on-one customer service to your Meridian Police Department. We pride ourselves on our work product and our legal services. Our commitment is to continuous improvement, and so we constantly work on our quality assurance and process improvement efforts. We work close}y with our customers to ensure they understand the pros and cons of any particular action to ensure that we avoid unnecessary activities. We also embrace creativity and. ingenuity by rewarding it in the workplace on both an individual and a team level. We strive to be professional and ethical in all that we do, and we have high standards to which we are committed. As a govemmentallaw firm, we understand the concep~ of being cost~ conscious and recognize that we remain public servants who act for the best interests of the City as embodied in our Mayor and City Council. We consider that our services. must have v~lue for our customers, our community, and the tmc.payers. We would continue that effort on behalf of your City as well. We are particularly sensitive to concerns about conflicts of interest, and our st3.ff are routinely traiIied on ethics and on identifying parties with interests, which are 'advers-e to the City of Boise. . Our process can easily be broadened to include. recognition of those issues that are adverse to Meridian City. In any situation where there may be a conflict between the interests of the two cities, we ar~ prepared to utilize one of our existing outside legal counsel contracts to provide specific courisel for Meri~an City. 12 SECTION VII Other Information Boise City already is actively working with the Fourth Judicial Court as it develops its new Family Violence court. This will be a courtroom dedicated to addressing families with violence in the home that have both pending criminal and civil cases. While representatives from Meridian have not been able to join the discussions so far during the development, Boise City is willing and able to represent Meridian's interests in this new approach as well as staff the new courtroom that will be required. Boise City also prides itself on its efforts to develop and track good statistical data that helps determine whether it is providing the services in the best way possible. We periodically review our closed cases for both Driving Under the .Influence (OUl) and Domestic Violence-related (DV) charges and develop statistics to evaluate our success in prosecuting these types of cases. We are proud to note that our conviction rate forDUIs is over 87% and we dismiss fewer than 2% pfthe cases. On DV cases, we have an overall conviction rate of77%, with fewer than 23% of the cases dismissed. We believe this type of statistical information is not only indicative of . the quality service we will provide to your City, but also is vital information that your City can use in managing this contract. Boise City offers basic victim/witness services as part of its package.. ,Our victim/witness coordinators serve as a liaison between the victims/witnesses of crimes and the prosecutors. They help victims to understand their rights and assist them through the court process. They also provide victims with short-term crisis intervention, long-term commwiity resources, and vital .co~unity infonnation to assist them with their assessed and impli~ needs. This service has 'proven invaluable for Boise City, and we expect that it would provide the same benefit to . Meridian City as well. . As an add-on service, Boise City is prepare to offer on-ca11 victim/witness services for both . misdemeanor and felony domestic violence cases as well as for sexual assault, rape, and other violent crimes.. . After pilotiitg an on-call program for misdemeanor domestic violence cases, Boise dete~ed that proViding an onsite person who could immediately assist victims with . crisis intervention and assist officers in their initial investigation was a valuable service. Boise . bad already determinecl that on-call victim/witness services for felony cases were invaluable in assisting police to investigate violent and:traUItlatic crimes. As another add-on to its overall prosecutori.al services, Boise City is prepared to provide juvenile accountability diversion services as well. The Juvenile Accountability Program is a fedeml grant-funded program to divert juveniles out of the overburdened criminal justice system. .It offers a unique opportunity fQr juveniles with first.time tobacco and alcohol violations to dispose .of their citations without going to court. Instead, juveniles and their parents are assessed and referred to community resources and ed~cation classes. .While a n~ber of the tickets are . referred toAda County's Youth Court program (a peer.based diversion process), the remaining ones are handled in.house. The JA coordinator works with the juvenile and their parents to ensure that bo~ are ~uaIly accountable, requirj,ng them all to sign a contract agreeing not to use toba~, alcohQl, or iIIeg~1 substances throughout the diversion Pt:Ocess. The juvenile- a~ts their guilt, and the ticket is held rather than filed.witli,the cot;1rt. As part of the diverSion, the - . . - II , I juvenile is required to attend substance abuse education classes, perform community service within the City to give back to the community, and provide a written essay about the experience. If there is a need, the juvenile and his parents are referred to other community resources, such as counseling. If a juvenile fails to complete all the requirements of the diversion or fe-offends within one year, then the citation is filed with the Court. According to the Association ofIdaho Cities (AlC), Meridian City had submitted an mtent to Use fooo; however) your City had not submitted the necessary follow-up paperwork to accept the grant by the necessary deadline. Our conversations with AIC indicate that despite tp..e delay, if Meridian immediately signs a waiver to '"pass through" their assigned lAmG funds to Boise City, we can begin handling cases on your behalf as proposed here. Both of these options are ongoing services that our office already provides to its current customers and can easily incorporate into the services that Meridian could use. 14 APPENDIX A Staff Qualifications . Public Safety/Liaison Team Elisa G. Massoth, Assistant City Attorney/Team Leader J.D., University ofIdaho College of Law, May 1997 Assistant City Attorney/Team Leader, Boise City Attorney's Office, April2001-Present Attorney, Moffatt Thomas, May 200D-April 2001 Assistant City Attorney, Boise City Attorney's Office, Apri11998-May 2000 District Court Law Cler~ Honorable Judge Horton, August 1997-April1998 Judicial Advisor, U of! Student Advisory Services, August 1996-May i997 Legal Intern, Oregon Coalition Against Domestic & Sexual Violence, June 1995-July 1995 Paul J. Fitzer, Assistant City Attorney J.D., Southern Methodist University School of Law, May 1997 _ Assistant City Attorney, Boise City. Attorney's Office, April 1998-Present Legal Intern, Ada County Prosecuting Attorney's Office, May 1997-January 1998 Legal Extern, U.S. Environmen~ Protection Agency, SummerlFall1996. Legal Extern, U.S. District Court - Northern District ofTexasj Summer 1995 Janet Kensett:, 4gal Secretary Legal SeCretary, Boise City Attorney's Office~ July 2001-Present Jill B. Musser, Assistant City Attorney/BPD Legal Advisor J.D., Washington University School of Law, 1990 . Assistant City Attorney, Boise City Attorney's Office, February .1996-Present . Deputy Prosecuting Attorney, Ada County Prosecutor's Office, August 199D-November 1994 Volunt~r Intern, King Co,unty Prosecuting Attorney's Office, Summer 1989 Urban ~w Program, Washington University School of Law, Spring 1990 Marlene NothIing, Legal Secretary . Legal Secretary, Boise City Attorney's Office, 200l-Present. Senior Customer Specialist, PeopleFirst.Co~ 2001 . Paralegal, Collection House (Australia), 1~96-2000 Paralegal, Jones ,King Lawye~ (Australia), 1993-19~6 Douglas K. Strickling, Assistant City Attorney . J.D., University of Idaho, 1984 . . Assistant City Attorney, Boi~e .C~ty Atto~ey~s OffiCe, 198~Present . . 15 Alison Stieglitz Tate, Assistant City Attorney J.D., University ofIdaho, 1995 Assistant City Attorney, Boise City Attorney's Office, February 2002-Present Prosecuting Attorney, Garden City, October 200o-February 2002 Deputy Attorney General, State of Idaho, October 1998-0ctober 2000 Associate, Gordon Law Offices, October 1997-0ctoher 1998 Deputy Public Defender, Ada County Public Defender's Office, June 1996-0ctober 1997 . Law Clerk, Honorable Thomas F. Neville, June 1995-June 1996 Michelle Eisenbeiss- Taylor, Legal Secretary Legal Secretary, Boise City Attorney's Office, 1993-Present SecretarylReceptionist, Hoff Forest Products, 1989-1993 Matt Wilde, Assistant City Attorney Assistant City Attorney, Boise City Attorney's Office, August 1996-Present ParksfPlanning & Development Team William'L.-M. Nary, ASsistant City AttomeytI'eam. Leader J.D., University ofIdaho, 1985 As~istarit City Attorney, Boise City Attorney's Office, 1989-Present- Partner, ,Ambrose Fitzgerald & Crpokston, 1985-1989- Prosecutor, Meridian City, 1985-1989 Ted Baird, Assistant City Attorney . J.DJMB~., Willamette University, 1988 _ Assistant City Attorney, BoiSe City A~C?rney~s Office, M~p 2000-Present Associate Attorney, Ramis & Crew Law Finn, September 1994-July 1996 Assistant City Attorney, City of Beaverton, January 1993-September 1994 Assistant City Attorney, Boise City Attorney's Office; February 1991-January 1993 Associate Attorney,- Yturri Rose Law Firm, July 1988-July 1990 Emily Kane, Assistant City Attorney . - J.D. & Environmental & Natural Resource Law Certificate, Northwestern School of Law of Lewis & Clark College, 2000 . Assistant City Attorney, Boise City Attorney's Office, September 200l-Present Judicial Clerk, 'Q1e Honomble Daniel Meehl, June 2009-September 2001 Legal Intern, -Department of Interior-Indian Law Section, May 1999-August 1999 Legal Intern, Lewis & Clark Legal Clinic, August 1999-December 1999 Law Clerk, Schroeder Law Offices, May 1998.April.l999 16 . ,l R. Stephen Rutherford, Assistant City Attorney J.D., University of Idaho College of Law, 1996 . Assistant City Attorney, Boise City Attorney's Office, November 1999-Present Meridian Prosecuting Attorney, White, Peterson, Pruss, Morrow & Gigray, August 1998- November 1999 Public Defender, Ada County Public Defender's Office, September 1996-August 1998 Teresa Sobotka, Assistant City Attorney J.D., University ofIdaho, 1987 Assistant City Attorney, Boise City Attorney's Office, 1993-Present Prosecutor, Garden City, 1992-1993 Special Prosecutor, Ada/ElmorelPayettelIdaho/CanyonlGem/W ashingtonl AdamsN alley Counties, 1989-1992 . Deputy Attorney Geneml, State of Idaho Attorney General's Office (H&W), 1987-1991 .Mary Watson Tyree, Assistant City Attorney Assistant City Attorney, Boise Citr Attorney~s Office, 200l-Present James F. Wickham, Assistant City Attorney J.D., University of Califomia, Hastings College ofLaw~ 1974 Assistint City Attorney, Boise City Attorney's Office, October 1988-Present Associate, Harris & Sutton,.March 1987-September 1988 Deputy Attorney Geneml, State of Idaho Attorney General's Office (H&W), November 1980-February 1987 . . Attorney, Private Geneml Praqtice, February i979-October 1980 Assistant Attorney General, State of Idaho Attorney Geneml's Office (H&W), September 1975-January 1979 Law Clerk, Rhodes & Sherrod, June 1973-~ay .974 Litigation/Screening Team ~oger: E. Cockerille, Assistant City AttorneytI'eam Leader J.D., University of Wyoming College of Law, 1992 Assistant City Attorney, Boise City Attorney's Office, 1997-Present Associate, Lathrop & Rutledge, 1993-1996 Law Clerk, U.S. District Court- Wyoming, 1992-1993 Student Director, Prosecution Assistance Clinic, 1991-1992 17 Rondee Blessing, Assistant City Attorney J.D., University of Idaho College of Law, May 1998 Assistant City Attorney, Boise City Attorney's Office, January 2000-Present Law Clerk, The Honorable Daniel T. Eismann, August 1998-December 1999 Student Prosecutor, University ofIdaho Student Advisory Services, August 1997-May 1998 Law Clerk, Manweiler, Bevis & Cameron, May 1997-August 1997 Kevin Borger, Assistant City Attorney J.D., Washburn University of Topeka, 1986 Assistant City Attorney, Boise City Attorney's Office, 1991-Present Attorney, Solo Practitioner, 1988-1991 Associate Attorney, Meuleman & Miller, 1986-1988 James Scott Dowdy, Assistant City Attorney J.D., University of South Dakota, School of Law, '1999 Assistant City Attorney, Boise City Attorney's Office, July 20aO-Present judicial Law Cler~ The. Honomble Nathan Higer, August 1999-July 2000 Legal Intern, Moscow City Attorney, January 1999-Apri11999 Extern, Office of the U.S. Attorney general - Idaho, May 1998-July 1998 Randall S. Grove, Assistant City Attorney J.D., University of Washington School of Law, 1991 Assistant City Attorney, Boise City Attorney's Office, 1997-Present . Deputy Prosecuting Attorney, Canyon County Prosecuting Attorney's Office, 1994-1997 Deputy Prosecuting Attorn~y, Ada County Prosecutor's Office, 1991-1994 Legal Intern, U.S. Attorney-Washington, 1990 Scott B. Muir, Assistant City'Attomey J.D., University of Idaho, College of Law, 1990 Assistant City Attorney, Boise City Attorney's Office, January 20ot-Present Deputy Attorney. General, State of Idaho Attorney General's Office (Finance), September 1997-January 2001 Deputy Attorney General, State of Idaho Attorney Geneml's Office (Insurance), January 1996-September 1997 . Attorney, Quane, Smith, Howard & Hull, June 1990~January 1996 J. Paige Wilkins, Assistant City Attorney' J.D., University of Idaho; College ~fLaw, 2000 . Assistant City Attorney, Boise City Attorney's Of (ice, October 20aO-Present Appellate Clinic Intern, University ofIdaho Legal Aid Clinic, 1999-2000 Extern~ The Honomble Jim D.. Pappas, Su~er .1999 '18 Administrative Team Michelle Albertson, Paralegal Legal Assistant Certification, 200 I Paralegal, Boise City Attorney's Office, May 2002-I,>resent Legal Secretary, Boise City Attorney's Office, December 1997-May 2002 Senior Secretary/Accounting Specialist, Boise Fire Department, August 1991-December 1997 Secretary WCourt Clerk I, Chandler City Court, April 1986-June 1991 Legal Secretary, Whipple & Byington Law Office, June 1982-March 1986 Debbie G. Allen, Paralegal ADPS, The Paralegal Institute, 1998 Paralegal, Boise City Attorney's Office, December 1999-Present Paralegal, Department of Environmental Quality, March 1998-December 1999 Admini~trative Legal Assistant, Department of Health & Human Services, October 1997- March 1998 . Human Resources Associate, Montana State Fund, March 1997-0ctober .I997 Paralegal, Wewer Law Firm, September 1996~March 1997 Administrative AssistantIParalegal, Federal Defenders of Montana, September 1993- September 1996 Administrative Assistant IT, Montana Department of Revenue, April 1990-September.1993 Office Manager/Legal Secretary, O'Brien Law Office; May 1985-April1990 Legal Secretary/Boo14ceeper, McClain & Dowdall, November 1984-May 1985 Legal SecretarylBookkeeper, Morales, Volinkaty & Harr, March 1979-November 1984 Legal Secretary, Tipp, Hoven & Skjelset, February 1978-February 1979 19 &PEND!Xl! Memorandum reeardlne JAmG Funds for Merldiall 20" September 13. 2002 To: Matthew Haynes, Juvenile Accountability Coordinator. City of Boise City of Meridian From: Justin Oliver Ruen. Association of Idaho Cities Rc: 2001 Juvenile Accountability Incentive Block Grant 'rhc purpos-e of this memo is lo summarize conversations 1 have had with Allan Miller of the Department of Juvenile Corrections (DIe) concerning the possibility oftha City of Meridian waiving tI,eir 2001 JAIBG funds to the Cily oflloise for ajuvenile itccaulllability program. Miller said that such a waiver could still be acconiplished for the 2001 grantJ and that DIe would encourage such an arrangement so that the funds arc uliliz.:d. The City orMc:ridian will need to complete a waiver form, which must subse.quently be aCC<.~pted by the City of Boise. "If you have any nuthor questions, do not hesitate to give me a call. November 15, 2002 MERIDIAN CITY COUNCIL MEETING APPLICANT November 19, 2002 ITEM NO. Lc> REQUEST Resolution No. : Approving Agreement for the Appointment of WilHam F. Nichols and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., to perform City Attorney Duties and Civil Legal Services for the City of Meridian: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: if t5 01/ "q wff~ Contacted: Date: Phone: Materials presented at public meetings shalli:;)ecome property of the City of Meridian. RESOLUTION # ty 2 - .3 q? BY THE COUNCIL: BIRD, DE WEERD, MCCANDLESS, NARY A RESOLUTION APPROVING THE AGREEMENT FOR THE APPOINTMENT OF WILLIAM F. NICHOLS AND THE LAW FIRM OF WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A., TO PERFORM CITY ATTORNEY DUTIES AND CIVIL LEGAL SERVICES FOR THE CITY OF MERIDIAN, PROVIDING AN EFFECTIVE DATE AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST SAID AGREEMENT. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS the City of Meridian had publicized a Request for Proposals in September of 2002 for City Attorney civil legal services to be performed; and WHEREAS after submittal and presentation to the Meridian City Council, William F. Nichols and the firm of White, Peterson, Morrow, Gigray, Rossman, Nye and Rossman, P.A., was selected to perform that service for fiscal year ending September 30,2003; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Agreement by and between and the City of Meridian, a copy of said Agreement marked Exhibit UN' attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor is hereby authorized to sign and the Clerk to attest said agreement to be in conformance with the starting date of the Agreement of November 1, 2002. Page 1 of 2 Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho, this ! qt!:..- day of /Y0ve In 6ev ,2002. APPROVED by the Mayor of the City of Meridian, this #t?W Irl- ~ ,2002. . Lfj-#.. I-i --day of ATTEST: Page 2 of 2 {. CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Resolution No. tJ 2 - 3 9 ~, passed by the City Council of the City of Meridian, on this (9 -1;../0.. day of ;</~vem 1J,e.,.. , 2002, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian \\\\\\1111".""1// . ,,\\~~ of MEFu(A"""" .....':~ ' ~1-- 'l.-.. lV~~o \ J~~~9-. ~ ~ {;... WILLIAM G. BERG, JR. ~ "'1'1 <:01.... .....05 . ~O ~ ~,-^ ~.::q 15\ . "" .$' ~ VA ~ " ~~ ~~ C t{O ~.... "'''lllj OUNT'f. \\\\" STATE OF IDAHO, f:/tIHk! H)""\\ : ss. County of Ada, ) On this J 9 ,.t\.t-.. day of _N OVQJvvvWv , in the year 2002, before me, the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) 'B'B-EDEI'.QQ (>o"'ON 8 -Ill;>. Q~~o~~4f~o<>. 11~' ~ .;... ~e . , , 0 III I \ p III I I III llil , I III 1lI , , $ 11> ~ " <> Ii) ~, .br_< C '0 0 .^d'~":'..U.tl}..~."::~ .<> v<>"'.i<t?'>,:.-----rl"l~. ..~-O"OF.u-: .o. ..BIEIDa- ~Vt Q)t6l1~-(k Notary Public of Idaho Commission Expires: 04 ~ ~~ - 0 I.) CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AGREEMENT FOR CITY ATTORNEY I CIVIL LEGAL SERVICES This Agreement for City Attorney/Civil Legal Services (hereinafter referred 10 as "Agreement") is made this /sty of !1klle;n,./;eJ-r 2002, between the City of Meridian, a municipal corporation organized and existing by virtue of the laws of the State of Idaho (hereinafter referred to as IICity"), and White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A., an Idaho corporation (hereinafter referred to as "White Peterson"). RECITALS 0.1 Pursuantto Idaho Code S 50-204 and Meridian City Code SS 1-8-1 and 1-BC-1, on August 16, 2002 the City requested the submission of proposals from qualified firms to provide certain city attorney I civil legal services to the City. A copy of the City's Request for Proposals (RFP NO. 02-001) is attached hereto as .Exhibit "A" and is incorporated in full herein and is made a part of this Agreement by this reference. 0.2 In response to the City's request for proposals, White Peterson submitted an Attorney Contract Proposal dated September 16, 2002, a copy of which is attached hereto as Exhibit "B" and which is incorporated in full herein and is made a part of thts Agreement by this reference. 0.3 Among the proposals received in response to the City's request for proposals as set forth above, the City has deemed the proposal submitted by White Peterson as the most advantageous to the best interest of the City. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES pase 1 ( NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound thereby, City and White Peterson covenant and agree as follows: 1 INCORPORATION OF RECITALS. The parties agree that the foregoing Recitals are contractual and binding and are incorporated herein as if set forth in full. 2 DEFINITIONS. In addition to any other definitions set forth in this Agreement, for all purposes of this Agreement the following terms are defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Additional Legal Services" means and refers to representing the City in litigation, including arbitration, brought on behalf of, or against, the City which is not covered under the City's insurance policy or policies; representing the City in prq.secuting ordefending claims (before litigation is filed) not covered by the City's insurance policy or policies; representing the City in collective bargaining matters; drafting recommendations, findings, or orders for development application decisions (planning and zoning matters); personnel investigations and subsequent hearings; judicial confirmations and bond proceedings; formation of local improvement districts for infrastructure construction; impact fee committee attendance and related follow~up; construction bidding disputes; attendance at special City Council meetings when requested by the Mayor or Council President; and any other matter not included in the definition of "Retainer Legal Services" below. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 2 2.2 "Retainer Legal Services" shall include attendance of the City Attorney (or if unavailable, another White Peterson attorney as designated by the City Attorney) at four (4) pre-council meetings of the City Council per month, four (4) meetings of the City Council per month, one (1) City staff meeting per month, and attendance at quarterly joint City/Ada County Highway District meetings; attorney attendance at two (2) Planning and Zoning Commission meetings per month; preparation and revision of all City ordinances, resolutions, drafting and review of contracts and agreements concerning the City, and all other related legal work of the City; review of recommendations, findings, or orders for development application decisions prepared by City; routine telephone and personal conferences with City employees and officials including the Mayor and City Council members; subject to approval by the Mayor an,d Council, participation in Association of Idaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by Ale; respond to all citizen inquiries regarding City ordinances other than those pertaining to criminal matters; participation in telephone and office conferences with builders or developers regarding pending development projects at the requested of the Mayor, City Council, and/or City staff; review, comment, and d rafting assistance concerning proposed City policies including human resources policies; participation and assistance in City's efforts to set a budget for the City's civil legal services for the next Fiscal Year; and all other legal services as set forth in the Proposal AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 3 submitted by White Peterson (Exhibit "8"), excluding legal services specifically identified therein as being provided outside the monthly retainer. 2.3 "City Attorney" means and refers to William F. Nichols. 2.4 "Fiscal Year" means and refers to City's fiscal year, now beginning October 1 st and ending September 30th of each calendar year, as provided by State law and this definition shall be considered automatically amended in the event of an amendment of the provisions of Idaho law relative to the establishment of the fiscal year for City. 3 SERVICES PROVIDED BY WHITE PETERSON. Pursuant to the terms of this Agreement, White Peterson is hereby appointed by the City to perform all Retainer Legal Services for the City and such other Additional Legal Services as requested by the City. 4 PAYMENT FOR SERVICES. City agrees to pay White Peterson for services rendered pursuant to the terms of this Agreement as follows: 4.[ As compensation for all Retainer Legal Services, including all out-of-pocket expenses incurred by White Peterson in performing the Retainer Legal Services, City shall pay White Peterson the total sum of seventeen thousand five hundred and 00/10Oths dollars ($17,500.00) per month. 4.1.1 Payment for Retainer Legal Services shall be due monthly in advance on or before the 20t11 day of each month. Although the parties acknowledge that the Retainer Legal Services are provided on a flat-fee basis, White Peterson agrees to maintain accurate monthly time records of all Retainer Legal Services provided by its AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 4 attorneys (itemized by date, attorney performing services, and recording time in tenths of hours) and to provide the same to City on a monthly basis. 4.2 Compensation for Additional Legal Services performed by White Peterson at the request of the City shaH be paid at the rate of $125.00 per hourfor services performed by White Peterson's shareholder attorneys, $100.00 per hour for associate attorneys, and $60.00 per hour for a legal assIstants or paralegals (who are performing services which would othervvise require the services of an attorney at higher hourly rates). 4.2.1 City shall also reimburse White Peterson for actual out-of-pocket expenses (such as filing fees, postage, etc.) incurred by White Peterson in the performance of the Additional Legal Services as .' authorized by City. 4.2.2 White Peterson shall provide the City with a monthly itemized invoice of all Additional Legal Services performed (including all out~ of-pocket expenses). Provided the invoice is received by the 5th of the month, the City shall remit payment to White Peterson by the first business day of the following month. S TERM. The term of this Agreement shall commence November 1, 2002 and shall continue until the end of the City's current Fiscal year, September 30,2003, subject to renewal or extension as set forth in this Agreement. 6 REPRESENTATIONS AND WARRANTIES OF WHITE PETERSON. White Peterson represents and warrants to City as follows: AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 5 6.1 Authority. White Peterson has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. 6,2 No Prohibition to Performance. There are no judgments, liens, actions, or proceedings existing or pending against White Peterson which would materially affect White Peterson's ability to enter into or perform under this Agreement. 6.3 Corporate Status. White Peterson is a professional service corporation duly organized. validly existing, and in good standing under the laws of the State of Idaho and has all necessary corporate powers to enter into this Agreement 6.4 Nichols Designated Primary Attorney. White Peterson acknowledges that William F. Nichols is designated as the attorney shareholder with primary responsibility for providing legal services to the City pursuant to this Agreement. 6.5 Performance of Services. White Peterson agrees to perform all of the services and work set forth in this Agreement in a timely, efficient, and professional manner in accordance with the terms of this Agreement and in compliance with existing laws, ordinances, rules, or regulations of any applicable regulatory authority or governmental body. 6.6 Non-Exclusive Aqreement. Wh[te Peterson acknowledges that this Agreement shall not be interpreted to limit the City's authority to retain the services of outside legal counsel to perform any legal services other than Retainer Legal Services, whether as a result of the City's need for special expertise or otherwise. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 6 7 INSURANCE. For the purposes of this Agreement, White Peterson shall carry the following types of insurance in at least the per occurrence limits specified below: Coverage Limits of Liability Professional liability (errors and omissions) Workman's Compensation Employer's Liability General Liability (bodily injury and/or property damage) $2,000,000.00 Statutory limits $2,000,000.00 $2,000,000.00 8 INDEMNIFICATION. White Peterson shall indemnify and hold City, and its officers, agents, and employees, harmless from any and an liability, damage, or expense, including attorney fees, which may be brought, claimed, or pursued against City or its representatives arising out of the intentional act, negligence, or omission ofWhlte Peterson or its. employees, agents, or representatives. 9 POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties may mutually agree to renew or extend the term of this Agreement; however, any such renewal or extension must be in writing. 10 TERMINATION. This agreement may be terminated upon mutual agreement of the parties. Meridian shall also have the right to remove White Peterson's appointment as City's attorneys in the manner as set forth in Idaho Code S 50-206 and terminate this Agreement, with or without cause, at any time, which termination shall be effective upon service of written notice to White Peterson in the manner as set forth herein. In the event of a termination, City shall remain responsible to pay White Peterson for all services provided through the date of termination pursuant to the terms of this Agreement. AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 7 11 GENERAL PROVISIONS. 11.1 Attornev's Fees. If any action or proceeding is instituted to enforce or construe any provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable attorneys' fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. 11.2 Bindina Effect. This Agreement shall be binding upon the heirs, estates, personal representatives, successors, and assigns of the parties. 11,3 Choice of Law. This Agreement will be interpreted in accordance with the laws and statutes of the State of Idaho. 1'[.4 ,t.Jotices, Any notice under this Agreement shall be in writing and shall be treated as. duly delivered if the same is personally delivered or deposited in the United States mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: Notice to City: Robert D. Corrie, Mayor City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Notice to White Peterson: William F. Nichols White, Peterson, Morrow, Gigray, Rossman, Nye & Rossman, P.A. Suite 200 5700 East Franklin Road Nampa, Idaho 83687 AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 8 AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 9 11,11 Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith. 11.12 Entire Agreement. This Agreement supersedes all prior agreements between the parties with respect to its subject matter, and constitutes (along with the other documents referred to in this Agreement) a complete and exclusive statement of the terms of the agreement between the parties with respect to its subject matter. 11.13 Execution and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an origInal agreement, but all of which shall be considered one instrument. 11.14 Amendments. This Agreement may not be amended, modified, altered or changed ir,l any respect whatsoever, except by further agreement in writing duly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY: By' William G. Berg, Jr., Cit Clerk ATTEST: ... ... ... AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 10 WHITE PETERSON: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. By:. ~ l"e'rrence R. White, President ATTE~T: \ ;\- : &-::; By:! Lb ',,! ;JZVXtL.L- { Its: 'iJtfC-hth'-'7- STATE OF IDAHO ) ) 55. County of Ada ) -t~ L I On this rt. day of f'i OV~ ,2002, before me, a Notary Public, personally appeared Robert D. Corrie and WjlJiam Berg, known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the City of Meridian. ~ IN WITNESS WHEREOF...~~to affixed my official seal the day and year first above written. o..~O~T~~~X. Ohr,. _ _ (' . .. ".~~ -~-A~~-\ 0 1^.l10YlO~~ . I . · I ot<!Y Public for Idaho . I I . ^., (\_ ~ \ Ile~jjng at ~C7l..&- L-OU-nt...; , Idaho ... ~'.....!bm..\s.,:.&~ommission Expires: tf - 2 ~ -0 '5 STATE OF IDAHO ) ..~,.:.._.~~+ +,,:<.u-OF 1>-'..- )ss. -...... County of~OIl ) On the Jaday of ~, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Terrence R. White and Ph.) fr A. Pe~ known or identified to me to be thE:: persons whose names are subscribed to the within and foregoing instrument as the President and ....~ ,respectively, of White, Peterson, Morrow, Glgray, Rossman, Nye & Rossman, PA, an~~~ceb~d to me that they executed the same for White, Peterson, Morrow, Gigray, Rossman, ~~.~ P.f.(, ! "t" l' ~~1'N *' HEREOF, I have hereunto affixed my official seal the day and year first above .. ....,! 0 = wrlpe[l,.', : . ..... _.,. . : \ - ~v o. \ ~ ... P\J?!/~:r: ~ .............: ,~ ~ '!!A.TR O~ . ~...... ~ rYl. ~ N a UbJJ~dahO Residing at 1"k..PtL. . Jdaho My Commission Expires: J -..28....;IIJ01 AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 11 EXHIBIT "A" (Attach copy of City's Request for Proposals [RFP NO. 02-001] here) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 12 CITY OF MERIDIA August 16, 2002 REP NO. 02-001 The City of Meridian is requesting proposals for city Attorney / Civil Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. A complete package of requirements necessary to comply with this RFP may be obtained from: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. Submit 10 copies of the proposal with the project title clearly indicated. .The envelope in which the proposal is received must be specifically marked: REF No. 02-001; city Attorney/Civil Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 by 4:00 p.m. on the 16th day of september, 2002. No exceptions. All proposals must be signed. THE CITY OF MERIDIAN RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS, TO WAIVE AND IRREGULARITIES IN THE PROPOSALS REC~IVED, AND TO ACCEPT THE PROPOSAL DEEMED MOST ADVANTAGEOUS TO THE BEST INTEREST OF THE CITY. THE CITY WILL ALSO CONSIDER WHETHER THE PROPOSER IS A RESPONSIBLE PROPOSER AS DESCRIBED IN MERIDIAN CITY CODE. i CITY OF MERIDIA .<FP NO. 02 -001 The city of Meridian is requesting proposals for City Attorney/Civil Legal Services. Qualified firms are invited to submit a proposal in the format outlined in the Request for Proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of the proposals. Submit 10 copies of the proposal with the project title clearly indicated. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; City Attorney/Civil Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, ID 83642 Clarifications to the Request for Proposals will be considered only if they are submitted in writing and received by Meridian City Clerk at least five working days prior to the proposal opening. All clarifications to the requirements will be addressed as a written addendum to the proposal. No verbal clarifications will be binding on the City or the consultant. The successful firm will be required to provide evidence of Professional Liability Insurance (Errors and Omissions), Worker's Compensation Insurance for all employees, and General Liability Insurance in an amount to be determined. Protest of RFP "Requirements I standards, Specifications, or Process: Any Vendor who wishes to protest the requirements, standards, specification or process outlined in this Request for Proposals may submit a written notification to the City of Meridian, to be received no later than five working days prior to the proposal opening. The notification shall state the exact nature of the protest, describing the location of protested portion or clause in the RFP document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City may deny the protest, require that the RFP be modified, modify the RFP, and/or reject all or part of the protest. Protest of Contractor S.election or Contract Award: Any actual or prospective proposer who is aggrieved in connection with the selection of a contractor or award of the contract may submit a protest to the City of Meridian. The protest shall be submitted within four (4) working days after such aggrieved person knows or should have known the facts, which give rise to the protest. The protest must set forth in sp~cific terms the alleged reason the Vendor s.election or contract award 1.S erroneous. Award of Contract: It is anticipated that the City will contract with one person or a firm, as needed for fiscal year 2002-03 with the Page 1 of 5 City of Meridian RFP No. 02-001 City Attorney / Civil Legal Services possibility of !tinuing one (1) year extensi{ .s). We appreciate your interest in this project and realize that the development of a proposal is a costly and time-consuming effort. Please be assured your proposal will be thoroughly reviewed and evaluated. It is anticipated that the contract will be awarded effective November 1, 2002. RFP NO. 02-001 CITY ATTORNEY/CIVIL LEGAL SERVICES FOR THE CITY OF MERIDIAN PROPOSAL SUBMITTAL REQUIREMENTS SCOPE OF WORK: The City of Meridian is soliciting proposals from law firms to provide Legal Services as the city Attorney and Assistant City attorneys. The specific proposal submittal requirements are defined below. The anticipated services will relate primarily to: General Legal Municipal Law including but not limited to the following areas of expertise: - Administrative Law - Annexation Law - Condemnation/Eminent Domain - Construction Litigation - Collections and Bad Checks - EEOC; Human Rights Commission - Employer and Income Tax Law; Wages and Benefits - Employment Law - Environmental Law (including NPDES Permitting, Clean Water Act, Clean Air Act, Hazardous Waste, TMDL, and Effluent Trading) - Evictions - Foreclosures - Franchising/Telecommunications - General Litigation - Planning and Zoning Law - Public Meeting Requirements - Public Records Law - Public Works Contracts - Property Acquisition - Real Estate Law - State or Federal civil Rights Defense - state or Federal civil Defense - state or Federal Criminal Defense - Unemployment Claims - Water Law - Workers Compensation Page 2 of 5 City of Meridian REP No. 02-001 City Attorney / Civil Legal Services ,. , I SUBMI TTAL PR,- ,..wORE A. Date & Location: Written proposal submittals are due on the 16th day of September, 2002 at 4:00 p.m. local time at the office of the City Clerk. The envelope in which the proposal is received must be specifically marked: RFP No. 02-001; city Attorney/Civil Legal Services for the City of Meridian and delivered to: Will Berg Meridian City Clerk 33 E. Idaho Meridian, IO 83642 B. Please submit Ten (10) copies of the proposal in a sealed package and identified as follows: "SEALED PROPOSAL" "RFl? No. 02-001; City Attorney/Civil Legal Services for the City of Meridian" II PROPOSAL FORMAT Written proposals must be clear, concise and formatted as outlined below to allow for consistent and fair evaluation of each submittal. SECTION I Cover Letter/Signature Page - The cover letter should contain an introduction of you/your firm, a summary of its capabilities to perform the services requested, and a summary of your firm's experience in this type of work. It also is suggested that you outline your interest in this project(s) and ability to respond and perform. The cover letter should be signed by a principal of the firm. The signature page shall be completed and returned with your proposal. SECTION II Available Staff and Equipment - This section outlines the experience and expertise your key individuals have relating to the type of projects anticipated. Please designate the individuals that will be assigned, or anticipated to be assigned, to perform the various tasks and duties outlined. A summary of the number of staff people available to support these key individuals also should be provided. Also, a summary of equipment capabilities such as word processing, .FAX machines, and ability to communicate with the City via E-Mail' should be provided. SECTION III Ability to Provide Responsive Services - The services anticipated by this proposal will, for the most part, be requested on short notice with Page 3 of 5 Ci ty of Meridian RFP No. 02-001 City Attorney I civil Legal Services tight time fra..m . Please outline your firm's ( .roach and commitment for providing the necessary services in a timely fashion. SECTION IV Cost for Services - Please provide a description of the proposed billing methOdology which may be a listing of the personnel (type) to be utilized and the billable rate for each category of staff, a blended rate, retainer, or some other method. SECTION V Description of Prior Experience - Each proposer is requested, without disclosing client sensitive information, to submit a description of prior work done in the area of law for which the proposal is submitted including a description of the preferred method of relating to an institutional client, type and manner of case referral, preferred method of development of case strategy, and historical client cost information. SECTION VI Description of Service to the City - Each proposer is reques.ted to describe its methods of determining that matters handled will be timely; professional, and in accordance with City personnel's expectations, that unnecessary activities will be avoided, that ingenuity and resourcefulness by assigned staff encouraged, and how representing parties with interests adverse to the City avoid will be avoided during the contract term. SECTION VIr Other (Optional) - This section is provided to allow for any other information, including alternate retainer agreement language you believe is important to be noted as a part of the selection process. APPENDIX (OPTIONAL) A. Resumes B. Brochures C. Letters of Recommendation D. Other III EVALUATION PROCESS City staff will review and evaluate the responses received against the evaluation criteria listed below. Based on the evaluation of the written proposal by staff, the Contract will be awarded by the City Council. The City Council has final approval and award authority regardless of staff recommendations. A. Evaluation Criteria: The evaluation will be based on the responses received. The City reserves the right to reject any Page 4 of S City of Meridian RFP No. 02-001 City Attorney / CIvil Legal Services and all rt onses received if it determi( its best interest. The following criteria evaluating the responses received: that action to be in will be considered in 1. Qualifications and Experience of the Firm: This will be evaluated based on the breadt~ and depth of the firm's recent and relevant experience i~ the provision of comparable legal services. 2. Qualifications and Experience of the Individuals Who Will Perform the Work: This will be based on the resumes and recent relevant experience of the attorneys who will be working with the City, especially those senior attorneys responsible for directing the services and advice provided to the City. 3. Demonstrated Understanding 0: the City's Needs: This will give credit to demonstrated insight; suggested approaches, priorities, or areas of emphasis; and innovative, constructive thinking. 4. Cost: The City is keenly interested in overall cost control and will evaluate carefully the proposed cost proposals provided in response to Section IV. Page 5 of 5 City of Meridian RFP No. 02-001 City Attorney I Civil Legal Services EXHIBIT UB" (Attach copy of WP's Attorney Contract Proposal dated September 16, 2002) AGREEMENT FOR CITY ATTORNEY/CIVIL LEGAL SERVICES Page 13 RESPONSE TO HECEIVED SEP 1 6 2002 RFP NO. 02-001 City of Meridian City Clerk Office, CITY ATTORt'iEY I CIVIL LEGAL SERVICES FOR THE CITY OF MERIDL-\i'i ATTORNEY CONTRACT PROPOSAL September 16, 2002 SUB MITrED By: WHITE, PETERSON, MORROW, GIGRAV, ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. 01 September 16,2002 Page 1 SECTION 1- FlRl'r'( L'lTRODUCTTON; White, Peterson, Morrow, Gigray, Rossman., Nye & Rossman, P.A is a fmn of sixteen attorneys. We are the largest law finn in Southwest Idaho outside of Boise. The firm has perfonned City Attorney services for the City of Meridian from 1998 to present. We are proud of the services we have rendered to the City and are pleased to submit this proposal as we would like to continue our representation of this fast growing city. Because we have been your City Attorney for the past four years, we understand, better than any other lawyers, the demands that are placed on the Mayor, Council, and the various City Departments. The unabated growth in the City, the constraints placed on the budget as a result of the three percent cap imposed by Idaho law, and the need to play "catch up" is evident in every City function. Almost every attorney in our firm has been involved, at one time or another, in working on City of Meridian issues. Bill Gigray (former Caldwell and Greenleaf City attorney, and currently City Attorney for Wilder) began in 1998 and worked hard to develop systems, forms, etc. to standardize many city processes, especially as they relate to planning and zoning decisions. A major effort was made to codify then existing City ordinances, which, when completed, made it easier for City officials, and customers of the City to find'the applicable laws. Terry White (Nampa City Attorney), with three decades of experience in municipal law, has been working behind the scenes when he acts.,as a sounding board for ideas, trouble shooting, etc. Terry has also assisted all cities in Idaho by his work on the Association ofIdaho Cities Legislative Committee. Phil Peterson., Todd Rossman and fonner partner Steve Pruss assisted Bill Nichols when the issue of the Bear Creek Park donation presented complex tax issues that mandated a special approach to the specific language in the subdivision approval findings. Bill Morrow, a fonner Canyon County Chief Deputy Prosecutor, is experienced in Federal Civil Rights defense, including cases for the City ofNampa. He is also experienced in environmental litigation. Chris Nye has represented the City in all of the judicial review proceedings that have been heard in the last four years, and to date, Chris has successfully defended the City's decision in all those cases. Chris -' also has represented the City ofNampa in eminent domain condemnation lawsuits, and has provided advice to the Meridian Public Works Department on how eminent domain works; and what steps must be taken if, for instance, sewer trunk easements cannot be obtained by negotiation with landowners. Eric Rossman served as the Planning & Zoning Commission attorney for several years, and has successfully litigated judicial continuations for the City of Nampa. Julie Fischer has assisted the Mayor and Human Resources Director on personnel issues and in policy review. Julie is also experienced in water law, and as the City grows, issues regarding water law will become increasingly important. Sam Johnson (Melba City Attorney), whose practice emphasizes litigation., has assisted the Public Works Department in defending the Public Works Director and City Engineer in depositions in a lawsuit involving the Waste Water Treatment Plant. Kevin Dinius successfully obtained the Judicial Confinnation on the alternative financing for the new police station. Kevin also has been involved in construction WHITE, PETERSON, MORROW. GraRA Y. ROSSMAN, NYE & ROSSMAN. P.A. Response to RFP No. 021 September l6, 2002 . Page 2 litigation for the City ofNarnpa where contractors have not performed according to the contractsT and if that situation should present itself on a Meridian project, Kevin's experience would be exceptionally helpful in getting the project completed and recoveri..ng on the performance bonds. As for Bill Nichols' involvement with the City, he has attended almost all of the Council meetings since February 2000 and has met vvith every Deparunent Head and other City employees on a variety of issues. He has also assisted the Association of Idaho Cities in the annexation legislation fights in the 2001 and 2002 legislative sessions, including drafting portions of the new annexation law. We have perfonned excellent work for the City of Meridian., and we understand that there is much that remains to be done. We think we are the attorneys best suited to do that work, and if selected, pledge to work hard to improve upon the excellent service we already provide. At \Vh.ite Peterson, we consider ourselves not just attorneys, but counselors as well. In municipal representation, it is not sufficient merely to know whether some course of action is "legal." Many times it is more important to counsel the client on whether this "legal" course of action is best in the long run. That type of counsel only comes with experience, the type of experience that the lawyers of White Peterson bring to work every day. WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. By: ,~ Terrence White President WHlTE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. 01, September 16, 1002 Page 3 SECTTON n - A V AIL\BlE STAFF :\..l'ffi EQUIPMENT: We propose staffing the City of Meridian's anticipated legal services with the foHolNing attorneys, based on their legal expertise and experience. We have provided a copy of the resume of each member of the finn attached to this Response as Appendix A. It is understood that this list is not all-inclusive and that the incumbent City Attorney, William F. Nichols, will continue to direct each specific issue to the most appropriate lawyer in the firm to handle the matter. The following list of areas of expertise lists those attorneys who can provide representation in those areas. !vir. Nichols will continue to be the primary attorney for the City including attendance at most Council meetings. Terry White and Chris Nye will be the partners who will serve as backup for attendance at Council meetings. As explained in Section III, we intend to mentor Nick Wollen and one other associate to be able to attend an occasional Council meeting. !vir. Wollen \\!ill attend Planning and Zoning Commission meetings. Administrative Law: William A. Morrow Christopher S. Nye Annexation Law: William F. Nichols Terrence R. White CondemnatiolllEm.inent Domain: Christopher S. Nye Construction Litigation: Kevin E. Dinius Collections and Bad Checks: William F. Nichols EEOC; Human Rights Commission: Julie Klein Fischer Eric S. Rossman -' Employer and Income Tax Law; Wages and Benefits: Philip A. Peterson T odd A. Rossman Employment Law: Julie Klein Fischer Eric S. Rossman Environmental Law (including NPDES Permitting, Clean Water Act, Clean Air Act, Hazardous Waste, TMDL, and Effluent Trading): William A. Morrow " WHITE, PETERSON, MORROW, GIGRA 'f, ROSSMAN, NVE & RosstvW-l, P.A. Response to RFP No. 02 September 16, 2002 Page { Evictions: Christopher S. Nye D. Samuel Johnson William F. Nichols Foreclosures: William F. Nichols Terrence R. \Vhite FranchisingIT elecomm unications: William F. Nichols General Litigation: William A. Morrow Eric S. Rossman Kevin E. Dinius " Planning and Zoning Law: William F. Nichols Terrence R. Vlhite William F. Gigray Nicholas L. Wollen Public Meeting -Req uirements: William F. Nichols Terrence R. White William F. Gigray William A. Morrow Public Records Law: William F. Nichols Terrence R. White William F. Gigray William A. Morrow Public Works Contracts: William F. Nichols Terrence R. White William F. Gigray William A. Morrow Kevin E. Dinius Property Acquisition: Terrence R. White Julie Klein Fischer William F. Nichols T odd A Rossman WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN. NYE & ROSSMAN. P.A. Response to R.FP No. 01 September 16,1002 Page 5 Real Estate Law: Terrence R. \Vh.ite Julie Klein Fischer William F. Nichols Todd A. Rossman State / Federal Civil Rights Defense: William A. Morrow State / Federal Civil Defense: William A. Morrow Christopher S. Nye Eric S. Rossman Julie Klein Fischer D. Samuel Johnson Kevin E. Dinius Nicholas 1. Wollen State I Federal Criminal Defense: Christopher S. Nye William A. Morrow Unemployment' Claims: Julie Klein Fischer Water Law: Julie Klein Fischer .' Workers Compensation: William F. Gigray D. Samuel Johnson White Peterson has a total of 16 attorneys and 21 support staff, including 12 legal assistants, 2 paralegals, 3 administrative personnel, and 4 general office support staff. In most cases, a staff member will support attorneys based upon their experience in a particular area of law rather than specific attorney/staff assignments. For instance, a legal assistant with many years of experience in criminal prosecution will support an attorney in that one area, while another legal assistant with expertise in the field of real estate law may support the same attorney in real estate matters. We believe in utilizing everyone's interests and expertise to the fullest to give our clients the best possible service. In addition to the considerable combined years of legal experience of our staff, Marlene St. George has been performing the legal assistant duties for the Meridian City Attorney's office for approximately 15 years (for Mr. Crookston (1984-1993), City of Meridian (1996-1998), and for White Peterson (1998-Present)). Marlene is a great asset to the firm because of her extensive knowledge of City business, policies and procedures, and City personnel. Backup procedures for staff coverage in case of absence, either planned or unplanned, is in place. Each legal assistant has at least one other staff member who is their replacement during WHITE, PETERSON, MORROW, GrGRAY, ROSSMAN, NYE& ROss/vW-l, P.A. Response to RfP No. 0'1., September 16, 2002 . \ Page 6 absences or when they need additional workload assistance. Again, these assignments are based on prior experience and knowledge. Our Office Administrator, Kelly Andrus, is the point person for personnel issues. She has 25 years oflegal experience, over 13 years of which is exclusively in legal office administration,. It is her responsibility to see that all necessary support is available to each attorney at all times. If at any time additional support is needed, she will immediately evaluate and address those needs and remedy the siruation. In 2001, our firm upgraded our network server to improve stability and security. In 2002 we purchased new desktop computers to replace those which could not be upgraded to accommodate the Windows XP Professional desktop operating system. The remaining computers were all upgraded, and now, all computers in the finn are running Windows XP Professional \Vith Microsoft Office XP word processing and spreadsheet software. This has improved the stability of our network, and more importantly for Meridian, the conversion from WordPerfect to Microsoft Word for word processing software has improved the ability of our office to quickly route documents and collaborate with City personnel in drafting documents and reducing errors in conversion from one word processing software to another. All documents are stored on the network server which is backed up daily. A laptop computer is supplied for any attorney attending a City Council meeting to be able to use the LaserFiche CD-Roms. EmaiI is provided through Nlicrosoft Outlook XP. Norton Antivirus software is installed on the server and scans all incoming email and attachments. A dedicated fa."{ line is used to insure that voice traffic does not interfere with fax transmissions. Digital cell phones are supplied to all attorneys whose practices involve any significant time out of the office. Our digital phone system includes voice mail which can be checked by attorneys, and staff, from their desks or from outside the office. Online legal research is provided through Westlaw. All lawyers and staff have access to the Internet through a dedicated high speed (not dial up) connection. Communication \Vith the City will also be through courier. The firm employs a courier who will include City Hall in his route in order to pickup and deliver documents. SECfION ill-ABILITY TO PROVIDE REsPONSIVE SERVlCES: Our proposal for services, as outlined in Section N below, essentially allows the firm to reserve time by the attorneys who vrill be primarily assigned to serve the City of Meridian. For example, William F. Nichols is designated as the primary attorney for the City. Knowing this, he "Will restrict his outside practice to limit the number of instances where work for another client MIl interfere 1Nith his ability to respond in a timely fashion. If he cannot respond as needed by the City, the finn has the depth and number of attorneys that will allow the firm to assign another lawyer to the emergency. WHITE, PETERSON, MORROW, GIORA Y, Ross~lAN, NYE & RoSSMAN,P.A. Response to R.FP No. O'Z' September 16, 2002 . Page 7 One of the ways that services can be provided in a timely fashion will be for our finn to implement a mentoring program to take less experienced lawyers and train them in the skills and knowledge necessary to provide excellent advice. Our proposal contemplates mentonng Nick Wollen and another associate to be named later. Both will attend Planning and Zoning Commission meetings. We also intend to have them attend a nwnber of City Council meetings before asking them to sit in the attorney's chair at Council. With the change in meeting fonnat, and the desire of the Mayor and Council to keep meetings from going past 10 p.m., we believe that there will be Council meetings where these associate attorneys can provide excellent advice and allow the Council and the Mayor to rest assured that adequate coverage is maintained when NIr. Nichols is not available for a meeting. We have emphasized to lawyers and staff alike, that time is of the essence in City processes. City employees and City customers often need quick resolution of issues. We feel that we have been available to respond to these demands, and have worked with department heads and the Mayor to review and discuss how to improve the processes and methods we use, especially in the Planning and Zoning arena. Our proposal contemplates assisting the Planning and Zoning Department in making the transition from the current situation where aU recommendations and findings are prepared by our office, to a new era where recommendations and findings are prepared by the Planning and Zoning Department That department identified issues related to accuracy of documents as the target of one of their goals in the 2002 Strategic Plan. Improving the accuracy of recommendations and findings will improve the City's relationships with developers, engineers, and builders, as well as the public as a whole. Our finn assisted the City in faking planning decision documentation to a higher level from what there \vas before we were engaged as attorneys for the City, and we want to help take that docwnentation to the next level. For areas oflaw which only occasionally confront the City, our finn has the depth and experience to put the right lawyer on the problem. We contemplate that when an issue comes up, either 1v1r. Nichols or Mr. White will act as the gate keeper to determine which lawyer would best be assigned to that matter. Any time-sensitive matters will be treated accordingly. For example, if a water law issue comes up, Julie Fischer can respond to the affected department. If litigation is necessary or threatened, one of our litigators can be assigned to work on that case. In Section IT we have designated certain assignments. Assignments outside of those designated in this proposal will be discussed with the affected department head, or the Mayor, as applicable, before the assignment is fmalized. SECfION IV - COST FOR SERVICES: As the City is aware, in the past we have used an approach to billing for services which included a wide variety of services in the basic retainer. There have been very few instances where work outside the retainer was done. For instance, the police station judicial confinnation WHITE, PETERSON, MORROW, GIORA Y, ROSSMAN, NYE & RO~~MAN, P.A. R~sponse co RFP No. 0:::'-,,01 S~ptember 16, 2002 Page 8 in 2001 cost the City about $.WOO in extra legal services from our tirm. The advantage to a City to have a broad retainer is that it typically reduces the risk that legal services will exceed what has been budgeted. This essentially puts the risk on the attorneys that the services needed will not exceed the attorney's projections. A significant advantage to a fixed retainer is that it allows City employees and officials to seek and receive advice timely, and without the hesitation that sometimes occurs if each phone call or conference is billed separately. Under our current retainer. employees and officials, can call or meet with one of our attorneys on almost any matter, and the consultation is included in the monthly retainer at no extra charge. In our practice we are often called by citizens or developers to discuss a particular matter or when they wish to present a concern to the City Attorney. Those calls often are a direct referral from the City. If all calls are billable outside of the retainer, it could negatively impact a particular department just because a neighborhood is fired up about a proposed development, etc. We are also aware that the City is keenly interested in cost containment and only paying for what it needs. that is why our proposal contemplates a combination of monthly retainers to cover basic services, and additional services on an as needed basis at an hourly rate that is significantly lower than our typical hourly rates. In the basic retainer you will see that we have proposed two sums. one if we keep an office in Meridian, and one if we provide the services from our office in Nampa. As you are aware. we are not submitting a proposal to provide criminal prosecution services to the City. With the elimination of prosecutors and their support staff, it would be impractical to keep our Meridian office unless the basic retainer covers that additional overhead. Our office in Narnpa is located just seven miles west of Meridian on Franklin Road. We are only fifteen minutes away from any City office. Since our civil practice has emphasized meetings at City facilities, as opposed to asking City employees and officials to meet us at our office in Meridian, elimination of a physical presence in Meridian will not negatively impact our ability to communicate with the City. The monthly retainer without a Meridian office would be $17.500~ with a Meridian office it would be $21,000. Services outside the retainer would be billed at $125 (instead of$175) per hour for attorney shareholders (partners) and $100 (instead of$125) per hour for associates. Legal assistants doing work that would otherwise be done by an attorney would be billed at $60 per hour. The monthly retainer would be due at the beginning of the month. Services outside the retainer would be billed monthly and due by the first of the month follo\Ving the month in which the bill is rendered. Retainer services would include: attendance at four Precouncil and Council meetings per month and two Planning and Zoning Commission meetings per month; attendance at quarterly joint Cityl ACHD meetings; routine telephone and personal conferences with City employees and officials including the Mayor; attendance at one City staff meeting per month; drafting of ordinances and resolutions; drafting of agreements~ subject to approval by the Mayor and WHITE, PETERSON, MORROW, GroRA Y, ROSSMAN, NVE & ROSSMAN, P.A. ,. Response to RFP No. d.:..J 1 September 16. 2002 Page 9 Council, participation in Association of Idaho Cities Legislative Council matters including participation in drafting legislation and testimony before the legislature if requested by AIC~ responding to citizen inquiries regarding city ordinances not pertaining to criminal matters~ telephone and office conferences with builders or developers regarding pending development projects where our assistance is requested by City staff~ and re'tiew and comment on proposed policies including human resources policies. Services outside of the monthly retainer would include: representing the City in litigation, including arbitration, brought on behalf of, or against, the City \vruch is not covered under the City's insurance policy or policies~ representing the City in prosecuting or defending claims (before litigation is filed) not covered by the City's insurance policy or policies; review or drafting recommendations, findings, or orders for development application decisions~ personnel investigations and subsequent hearings~ judicial confirmations and bond proceedings; formation. of local improvement districts for infrastructure construction; impact fee committee attendance and related follow-up; construction bidding disputes; attendance at special Council meetings when requested by the Mayor or Council President; and any other matter not included in the retainer. The City' will reimburse us for out of pocket expenses such as postage, photocopies, mileage, parking, travel, court costs and filing fees, long distance telephone charges, deposition transcripts, etc. incurred in connection with services outside the monthly retainer. If there is any question as to whether a particular matter is or is not within the coverage afforded by the retainer, the finn agrees to meet and discuss the issue with the Mayor and Council to resolve the same. lfthe City believes it necessary, we are willing to include in the contract a mechanism to resolve such issues, such as binding arbitration. It is important to note that there may be situations where there is a conflict or potential conflict, or where special expertise is needed, that will require the City to retain outside counsel. SECfrON V - DESCRIPTION OF PRIOR EXPERIENCE: Most of the information requested in this Section is covered in the response to Section 1- Firm Introduction and in the biographical information of each attorney attached in Appendix A. Case strategies, and other strategies on municipal matters not involving a lawsuit, are developed by reviewing the facts/problem, reviewing the available options and discussing those matters with the appropriate people at the City, whether that be department heads, the Mayor, the Council or some combination. The client determines which direction to take after considering the relevant factors. Once a matter is undernray, as the matter progresses, reports are made to the appropriate individuals. As decisions become necessary, we consult with the client. We remember that it is the client's matter and ultimately it is the client who must live with the outcome. The City must be involved in those decisions. . Wl-flTE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. o( . September [6, 2002 Page 10 With regard to historical client cost information, we feel that the most pertinent infonnation can be found in comparing the fees paid by the City ofNampa. Our other municipal and quasi-municipal clients do not have the same volume of work or present the same demand for services. In order to compare "apples to apples," comparison to Nampa is more appropriate. For FY 2002-2003, Nampa will pay \Vbite Peterson a montWy retainer of$13,500 per month. Matters outside the retainer are billed at the attorney's regular billing rate. The mauers covered by the Nampa retainer are slightly different from what is proposed for Meridian. For example, the Nampa City Council only meets twice per month, only on rare occasions does an attorney attend the one monthly Planning and Zoning Commission meeting, and when that occurs, the hours are billed outside the retainer. Additionally, our Meridian proposal has a discounted hourly rate for matters outside the retainer. SECfION VI - DESCRIPTION OF SERVICE TO THE CITY: Beginning-with the start of the new retainer, our firm will implement a tracking procedure to track assignments given to us by the City. As each assignment is made, the required date for completion will be detennined between our office and the affected staff or official and that date calendared in the tracking sheet Mr. Nichols will review the tracking sheet at least weekly to determine whether the required date can be met, and if not, whether the matter needs to be reassi~,ed, additional support staff used, etc. By understanding the City's expectations up front, work should be timely completed. If unable to complete a task as originally required, contact will be made with the affected department and Mayor, as appropriate. At the outset, all department heads, the Mayor and Council, are encouraged to provide feedback to our office if any expectations are not being met. Between February and March of 2003, we will issue a survey to the Mayor, Council, and department heads which will be designed to ascertain whether we are meeting the expectations of City personnel. The results of the survey will be shared with the Mayor and Council and any deficiencies will be addressed. At any time if there is an issue of concern, the matter should be addressed to Mr. Nichols. Ifhe is Wlavailable, or if the matter concerns him, the issue should be addressed to Mr. White. With regard to processes, our staff and laVv)'ers are encouraged to bring forth any ideas which may improve the delivery of legal services. Often it is the staff who find inefficiencies and devise new and better means and methods to get work done. We anticipate providing additional training on our existing software and will be exploring use of practice management software, including document management and document preparation software as a way to improve what we do. Conflicts of interest are avoided by making sure every employee in the firm knows that the City is our client. We have conflict checking procedures in place and recently acquired new WHlTE, PETERSON, MORROW, GIORA Y, ROSSMAN, NYE & ROSSNlAN, P .A. Response to RFP No. 02. . September 16, 2002 Page 11 software which will be used to enhance conflict checks. The practice management software referenced above, if acquired, has a complex and thorough conflict checking mechanism. As a practical matter, in four years of representing the City of Meridian, there have been no conflict of interest matters. SECTTON vn - OTHER: There are a number of issues facing the City which will involve the City's legal representatives. Here are some which we have identified. The City's Strategic Plan under Challenge NO.2 identified a Key Strategy of the City Clerk to review all City ordinances to remove outdated ones, identify "holes' and generally clean. up the existing code. Strategic Plan Challenge No.4 includes a Key Strategy to find alternative funding mechanisms for the City. Recently, attendees at the Ale Legislative Conference were told that the legislature may assault the City's ability to receive sales tax revenues. If that occurs, the City may need to move up its review of implementation of a public safety impact fee to fund constructi on of fire stations. Strategic Pl~ Challenge No.6 includes a Key Strategy to revise the City's Development code. This would involve a review of existing processes to see if unnecessary procedures can be eliminated or streamlined. The new Comprehensive Land Use Plan requires that the Subdivision and Zoning codes be revised to accommodate new uses, planning areas, etc. The documentation necessary for design and construction of Fire Station No.3 will need to be reviewed and commented upon before contracts are signed or bids are solicited. Financing and construction of a new City Hall is a goal for almost everyone in the City. This will require negotiation of agreements for land acquisition, design and fInancing. Although there has been a recent setback regarding judicial confirmation of a new police building in Boise, if Council chooses to use financing similar to that used on the Meridian police station, a judicial confirmation proceeding will be required, and perhaps more importantly, the whole project will need to be reviewed with an eye to what may successfully pass scrutiny in ajudicial confirmation proceeding. Public Works is striving to transition from a developer financed infrastructure installation system, to a system where the City controls the timing and construction of those facilities. This changes the way easements are acquired and may necessitate eminent domain proceedings where WHITE, PETERSON, MORROW, GIORA Y, ROSSMAN, NYE & ROSSMAN, PA Response to RFP No. 02f September 16, 2002 Page 12 negotiations are unsuccessful. Since the City has not condemned property before, this will be a major change in operations, and will require legal advice from someone experienced in condemnation lawsuits. The Parks Department is aggressively seeking to acquire new park land and that will require negotiation of purchase agreements as well as review of design and construction contracts. The partnering sought by the City \\!ill also require agreements between the City and nonprofit organizations to achieve the desired goal of providing more park space. The City must also finalize the Parks Master Plan as well as revised impact fee ordinance and fees. The Finance Department needs a document retention/destruction policy which will need to be coordinated with the City Clerk and reviewed under the Public Records Act Finance will also be implementing GASB 34 which will require legal advice as needed. Renegotiation of the Area of Impact Agreement with Ada County to include collection of park impact fees and other matters. These and numerous other issues confront the City and attorney participation will be required in most, if not all, of these issues. WHlTE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. Response to RFP No. 01 September 16, 2002 ~ APPENDIX A Attorney Biographical Background WIllIE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P .A. /. ( 'riRRENCE R. \VHITE PARTNER EDUCA TTON I BAR AFFILMTIONS · B.A, University ofIdaho, 1968 · J.D., University ofIdaho (cum laud e), 1971 · Idaho Law Revie\v, Board of Editors ... L 1 · Bar Admission: · Idaho, 1971 · U.S. Ta."'I': Court, 1988 · U.S. Court of Appeals, Ninth Circuit · Washington, 1992 C11RRE'IT PRACTICE Practice at- White Peterson emphasizes counsel to the City ofNarnpa., annexation law, planning & zoning, public meeting & records law, real estate law. pu~lic works contracts. corporate law, estate planning, and general litigation MUNICIPAL EXPERIENCE City Attorney for the City ofNampa for 25 years. This representation has been on behalf of\Vb.ite Peterson on a contract basis. The advantage to a city of outside legal counsel is the ability to obtain experienced counsel on a variety of matters., General Counsel and point person for all City ofNampa matters. Also represent the Nampa Urban Renewal Agency. GENERAL INTEREST / MEMBERSHIPS . .' I .J. · Deputy Prosecuting Attorney. Ada County, 1972 . -. President, South~~st ~daho Estate _PI~ng Council, 1978 · Third Distrlct, President, 1979-1980 · Idaho State Bar, Chainnan, Bar Exam Prep. Committee, 1991-1992 RECENT CONTINUING LEGAL EnUCA nON · Land Use Institute, Planning, Regulation, Litigation, Eminent Domain and Compensation · Modern Real Estate Transactions · Idaho Municipal Attorneys Association Annual Meeting. .1 rHILIP A. PETERSON P.-\.RTNER EDUCA nON I BAR A.rnLL-\ nONS · B.S., Accounting, University ofidaho (cwo laude), 1969 . J.D., University ofIdaho (cum iaude), 1979 · Bar Admission: · Idaho, 1979 · U.S. District Court, 1979 · U.S. Tax Court, 1980 CtTRRENT PRACTICE Practice at White Peterson emphasizes estate planning, employee benefits, real estate, probate, personal and business ta.x planning, and general business litigation. MlJNICIP A.L EXPERIENCE Provide pension and employee benefit counsel to fum municipal clients. GDfERAL 1'ITEREST / rviEMBERSHrPS . Southwest Idaho Estate Planning Council . Canyon Area United Way, Past President, Past Member of Board of Directors . Kiwanis Club ofNampa, 1981 to present, past President, past Treasurer and Member of Board of Directors . -' . I Believe, Inc., Member of Board of Directors . University ofIdaho Alumni Association, Inc. Past member of the National Board of Directors -.... '-.' ~Boise Philharmonic, Member of Board of Directors . ..._ _~.. h........___ . . . .-. ~ .. . .- . ". + +.. _..... ...~ .. . ... .. _0'..' .. -, . . . . RECENT CONTINUING LEGAL EDUCATION ...... Pension, Profit Sharing, Welfare, and Other Compensation Plans . Annual Idaho State Tax Institute .J \'iLLIAl\tI A.l\tIORRO"V PARTNER EDUCt\. nON / BAR AFFIlJATIONS · B.A., Kent State University, 1973 · J.D., University of Idaho, 1979 .... · Bar Admission: · Idaho, 1979 · U.S. District Court, District ofIdaho, 1979 · U.S. Court of Appeals, Ninth Circuit, 1983 · U.S. Court of Appeals, Tenth Circuit, 1992 · u.s. Court of Appeals, District of Columbia Circuit, 1995 · U.S. Tax Court, 1995 CURRENT PRACTICE Practice at \Vhite Peterson emphasizes complex probate matters, environmental law, business, real property issues, civil rights defense, and complex litigation. MUNICIPAL EXPERiENCE . L~ Extensively involved in public records disclosure advice and litigation on behalf of the City ofNampa, including occasional attendance at council and planning and zoning meetings. Worked with the City ofNampa on its area of impact negotiations with Canyon County, and work regularly with the Nampa Police Department by providing a variety of police and criminal investigation advice, including training of police officers on various legal topics. Have represented municipalities in numerous civil rights lawsuits against Canyon County and the City ofNampa. GENERAL INTEREST I MEMBERSHIPS · Handled a variety of planning. and zoning matters both privately and as the attorney for municipal entities. · Regularly provide counsel on governmental projects. · Involved in extensive environmental litigation and regulatory administrative law. · Civil Counsel, and later CbiefCivil Counsel, for Canyon County, including legal advisor to Canyon County Planning & Zoning Commission, 1980-1985 . ChiefDepuC cosecuting Attorney, 1985-1987 . Assist in the representation of the City ofNampa, 1987-present . Co*counsel for the City of Caldwell, 1990-1994 . Board of Directors and Officer of Kiwanis Club of Caldwell . Assistant Scout Master, T reop #221, Caldwell . Member, Idaho Trial La\:vyers' Association . Member, American Bar Association RECENT C01','TINUING LEGAL EDLiC:\. nON , . . Basic Estate & Gift Ta.'(ation and Planning . Idaho Land Use: Current Issues in Subdivision Annexation and Zoning Law ~ Employment Discrimination . Environmental Litigation and Advanced Forensics i..'i '--"" ..,..., . ~ I . , ;, . ~: ..,.,;, _. . .- -- --- - ....-0::: , \VlW. F. GIGRA Y, III PARTNER EDUCATION / BAR AFFILHTIONS · B.A., University of Idaho, 1969 · J.D., University ofIdaho, 1972 · Bar Admission: · Idaho, 1973 · U.S, District Court, District ofIdaho, 1973 · U.S. Court of Appeals, 1980 · U.S. Supreme Court , . '. ... CURRENT PR.A.CTICE Practice at White Peterson emphasizes counsel to the cities of Wilder, Canyon Highway District No.4, Golden Gate Highway District No.3, Caldwell School District No. 132, Kuna RUral Fire Protection District, Caldwell Rural Fire Protection District, Wilder Rural Fire Protection District, Cambridge Rural Fire Protection District, Greenleaf Cemetery District, Garden Valley Recreation District, and Wilder Library District MTJ}.1CIP AL EXPERIENCE ...; Counsel for various cities and districts dating back to the mid 1970's to the present, advising on all aspects of municipal law, including compliance with the Americans with Disabilities Act, Idaho Land Use Planning Act, employment law, social security law, tax and bond financing issues, budget and ad valorem tax issues, local improvement district law, franchise implementation, contract law, human rights, education law and fonnation of educational policies, inverse condemnation and eminent domain law and workers' compensation. " SPECIAL INTEREST / MEMBERSHIPS · Successfully obtained judicial confirmation of million+ dollar issuance of certificates of participation for construction of irrigation system for Purple Sage Golf Course. · Represented the City of Caldwell in Fair Housing lawsuit · Represented School District in Class Action Race Discrimination lawsuit · Member, American Trial Lawyers' Association -'" . Immediate 1 . President, Idaho Trial Lawyers' AsSoc._don . President, Caldwell Foundation for Educational Opportunity, Inc. . President, Greenbelt Civic League of Caldwell, Inc. . Member, FOW1dation for Ada/Canyon Trail Systems RECENT CONlli.lUlNG LEGAL EnUCA nON . Presenter, Basics of a Tort Claim Involving Subdivisions of the State of Idaho . Presenter, Land Use Law . Mediation & Workers' Compensation -, : ,: .\ TODD A. ROSSlVIAN PARTNER EDUCA nON I BAR AFFILL-\ nONS · RB.A, Boise State University, 1986 · lD., Gonzaga Law School, 1989 · LL.M. in Tax:ation, University of Denver, 1990 J ~ Bar Ad.ini.5sion: · Idaho, 1989 · U.S. District Court, 1989 · U.S. Tax Court., 1990 · U.S. Court of Appeals, Ninth Circuit · U.S. Court of Appeals, Tenth Circuit CURRENT PRACTICE Practice at White Peterson emphasizes federal, state and local taxation, estate planning, wills, trusts, probate, elder law, complex real property transactions, including 1031 exchanges, .~nd business entity planning. GENERAL INTEREST / 1vfEMBERSHIPS · Southwest Idaho Estate Planning Council (president, 1995) · Third District Bar Association (president, 2001-2002) . . . . . .:-. I ." -- "'.', .' . . . '.. . ~. ~. .- .. . . . ,.. ,'" i CHRISTOPHER s. NYE PARTNER EDUCATION / BAR AFFILIATIONS · B.A., University of Kansas, 1979 · J.D., University of Kansas, 1982 . Bar Admission: · Idaho, 1982 · U.S. District Court, District ofIdaho, 1982 CtiRREi'll PRACTICE Practice at White Peterson emphasizes civillitigation, real property litigation, and family law. . M,(J~TICIP AL EXPERIENCE As Prosecutor for Canyon County. prosecuted criminal \-iolatioDs ranging from speeding tickets to first degree murder. As Public Defender for Canyon County, represented indigent criminal defendants on serious felony matters, including drugs, sex crimes, robberies and homicides. For City of Home dale, provided a1llegal representation including successful representation before the Idaho Supreme Court in the Planning and Zoning case ofBradv v. City of Hornedale (1996). Also represented the City of Caldwell in civil and criminal matters including direct supervision of all criminal misdemeanor matters, and the City ofNarnpa in litigation matters including successfully defending the City in a slip and fall case in 1997. '! GENERAL LNTEREST I MEMBERSHIPS ."{ . Personally tried in excess of 50 jury trials and be1:Yveen 500-1,~00 court trials. . Canyon County Deputy Prosecutor, 1983~1986 . Canyon County Public Defender, 1986:-1989 . .. . . . . ~..: 'Contract'attorney. ror the State ofIdaho, Dept~' of Healtb & Welfare . . Successfully o~tained the I~rgest..verdict ever..aw.ardedmthe)'hird Judicial District, Jacobson Feedlot v. First Interstate Bank (1990), Wm Morrow, lead counsel. ~. Member, Idaho_Jrial Lawyers' Association . ... Member, Association of Trial Lawyers of America RECENT CONTINUING LEGAL EDUCATION . Presenter, Judicial Confirmation . Dept. ofHeaIth & Welfare, Annual Contract Attorney Meeting ERIC S. ROSSl\tIAN PARTNER EDUCA nON I BAR AFFILIA nONS . B.B.A., Boise State University, 1989 . J.D" University of Idaho, 1992 · Idaho Law Review . Bar Admission: · Idaho, 1992 · U.S. Court of Appeals, Ninth Circuit · U.S. Court of Appeals, District of Columbia Circuit ClJRR.E\'T PR}\CTICE Practice at White Peterson emphasizes complex civil, real estate, insurance and municipal litigation. MUNICIPAL EXPERIENCE Successfully pursued recovery of $400,000 claim against performance bond of concrete sub-contractor in construction of the Idaho Center, successfully defended lawsuit by landowner against City ofNampa under Federal Rails to Trails Conservancy Act before Federal District Court and Federal Court of Appeals for District of Columbia; and successfully defended City ofNampa before the ldaho District Court in planning and zoning civil judicial review matters. GD.'ERAL INTEREST /11E:MBERSHlPS 'r . Successfully obtained judicial confinnation of $6.5 million dollar issuance of Certificates of Participation for constrUction and operation of the Nampa Recreation Center ~.. 'Successfully'o6fimedjudidaI coITfumation of$3 million dollar issuance of Certificates of Participation for the construction and operation ofllie Ridgecrest Golf Course . Successfully 'obtainedjudicial confll1I1ation of$3.5 million dollar and $12 million dollar issuance of revenue allocation (Tax Increment) bonds for various projects for the No-rth . Nampa Urban Renewal Agency including the construction and operation of the Idaho Center . . Member, Idaho Trial LawyerS'"A.ssociati9D. ., . .. . Member, Kiwani.~ Club of Meridian . . . . - ..-. ------.. -:..... . Member, Association of TnlifLawyers ofAiiierica RECENT CONTINUING LEGAL EDUCATION . . . Handling Wrongful Termination Claims. . Guide to Federal Court Rules and Procedures in Idaho .- j- . \yILLIAM F. NICHOLS PARTNER EDUCATION! BAR AFFILIA 110NS . B.A., Linfield College (magna cum laude), 1977 . J.D., University of Oregon, 1980 · Bar Admission: · Oregon, 1980 · Idaho, 1986 · U.S. Ta."{ Court, 1984 Cl;RRENT PRAcrrCE -: Practice at \^/hite Peterson emphasizes the representation of the City of Meridian on all civil matters. In addition, private practice consists of probate, real estate, liens, foreclosures and creditors' rights. MUNICrPA.L EXPERIENCE Meridian City Attorney, February 2000 to Present City Attorn~y and Assistant City Attorney for City of Nyssa, Oregon, 1983-1999 City Attorney and Assistant City Attorney for City of Adrian, Oregon, 1982-1999 City Attorney and Assistant City Attorney for City of Jordan Valley, Oregon, 1988-1999 GENERAL INTEREST I MEMBERSHIPS _J . Member, Third District Bar Association . Member, Malbeur County Bar Association (Vice President, 1998-1999) . Member, Fee Dispute Arbitration PaneL Idaho State Bar . Member, Idaho Municipal Attorneys Association . Secretary, Real Property Section, Idaho State Bar RECENT CONTINUIN"G LEGAL EDUCATION :-:. ., . Idaho Land Use: Current Issues in Subdivision Annexation and Zoning Law . Presenter, Land Use Law Update in Idaho, Land Division, 2001 . Scheduled Presenter, Land Use Law Update in Idaho, Land Division, Non Conforming Uses, December 2002 J vLIE KLEIN FISCHER PARmER EDUCATION I BAR AFFILIATIONS . B.A., Albertson College of Idaho (magna cum laude), 1989 · J.D., University ofIdaho, 1992 · Idaho Law Review, Symposium Editor · Bar Admission: · ldaho, 1992 · U.S. District Court, District ofIdaho, 1992 '..-= CUR.R.ENT PRACTICE Practice at \Vhite Peterson emphasizes employment law, water law, real estate transactions, and general civil litigation. . . ~ MUNrCIP AL EXPEFlENCE Employment practice includes working with variO"4S municipalities regarding public employment issues, policies and procedures. GENERAL 1'ITEREST /1viEMBERSHIPS .. Conducted In~House training seminar for client entitled, "An Overview of Employment Issues" .' '1 RECENT CONTINUING LEGAL EDUCATION /" .. '.'Fundamentals of Water Law in Idaho, Protecting Water Rights, Use and Quality . Hot Issues in Employment Law and Litigation \-. SAMUEL JOHNSON P ARTIfER EDUCA nON I BAR AFFILLA...TIONS . B.S., University ofIdaho, 1989 . J.D., University of Idaho, 1993 · Bar Admission: · Idaho, 1993 · U.S. District Court, District ofIdaho, 1993 CURR.EN"T PR-\.CI1CE . I Practice at White Peterson emphasizes general civil litigation encompassing emp1o}ment law disputes, tort claims, contract/construction law disputes, real property disputes, lien foreclosure. matters and other various civil litigation matters. I am also general counsel for the city of Melba, Idaho. MUNICIP AL EXPERIENCE As General Counsel for the City of Melba. advise on all issues and aspects of municipal law, i.e. land use, planning and zoning, public works, drafting of ordinances and resolutions, and attendance at regular and special City Council meetings. Former prosecuting attorney for the cities of Wilder and Greenleaf and was responsible for prosecuting all misdemeanors and infractions and appearing at other various hearings and proceedings before the Magistrate Division of the District Court for Canyon County. , . ., GENERAL INTEREST / Ma.1:BERSHlPS .... :Idaho Trail Lawyers' Association . Kiwanis Club, Meridian RECENT CONTINUING LEGAL EDUCATION . Persuading and Communicating with Modem Jurors . Uninsured and Underinsured Motorist Law in Idaho KEVIN E. DINIUS PARTNER EDUCA nON / BAR AFmIA TraNS · B.A., Boise State University (cum laude), 1996 · J.D., University of Idaho (summa cum Iaude), 1999 · Editor-In-Chief. Idaho Law Review, 1998-1999 · Bar Admission: · Idaho, 1999 · U.S. District Court, District ofIdaho, 1999 .. -' CURRENT PRACTICE Practice at White Peterson focuses on commercial litigation, lender liability, personal injury, and construction litigation. MU}.!1CIP AL EXPERIENCE J udiciaI confinnation for the Citv of Meri dian in 200 I for the construction of the new . . Meridian police station. Currently represent the City ofNampa, Public Works Department, in connection with all public works projects and associated litigation. GENERAL INTEREST / MEMBERSHlPS .. .' ., · Member, Narnpa Babe Ruth Board of Directors · Member, Ph{Kappa Phi RECENT CONTINUlNG LEGAL EDUCATION · Public Works contracting and litigation · Construction law, and various aspects of commercial transactions and associated litigation i hA Vln M. S\V.:\RTLEY .>;""'" ASSOCL\.TE EDUCA nON / BAR A.FFrLIA TIONS . B.A., University ofPuget Sound, 1992 · J.D., University ofIdaho, 1995 · Bar Admission: · Idaho, 1998 · U.S. Distric.t eoert, Di:trict cfI6L.~c, 1998 . i CURRENT PRACTICE Practice at White Peterson includes civil litigation, \vith an emphasis on personal injury and medical malpractice matters, and criminal matters. MUNICIPAL EXPERIENCE Criminal prosecution and Planning and Zoning Commission meetings. RECENT CONTINUING LEGAL EDUCATION . Effective Expert Witness Examination in Idaho . Winning Trial Techniques . Evictions and Landlordffenant Law in Idaho " , .j ERICA S. PHILLIPS AssOCIATE EDUCA nON / BAR AFFrr..IA. nONS · B.A, University ofIdaho, 1993 · J.D., University ofIdaho (summa cum Iaude), 1999 · Executive Editor, Idaho Law Re\1eW · President, Women's Law Caucus · Bar Admission: · Idaho, 1999 CURRENT PRACTICE Practice at White Peterson emphasizes civil litigation, with a particular focus on appellate practice. - MUN1CIP AL ExPERIENCE Internship with the Boise City Attorney's office, summer 1998. Primary duties involved working \Vith Public Works Department on complete revision of Boise City's sewer ordinance and various Parks & Recreation issues. GENERAL INTEREST / 1v1EMBERSBJPS · Associate Attorney, responsible for employment based immigration cases, 2000-2001 · Judicial Clerkship for the Honorable Chief Justice Linda Copple Trout, 1999~2000 · 'Member, American Bar Association ~, . . .. . . . - ._u '_"'_... .......... ......:... '._. '.. .....I~ . - RECENT CONTINUING LEGAL EDUCATION · Criminal Law Issues for the Civil Practitioner · Criminal Justice Aspects of Immigration Law · Appellate Practice in Idaho: Critical Steps in an Effective Appeal .I.. GUY HALLAlVI, JR. ASSOCIA. TE EDUCATION I BAR AFFILIATIONS . B.A., University of Tennessee, 1993 . J.D., Northwestern School of Law at Lewis & Clark College (CillTI laude), 1998 · Bar Admission: · Oregon, 1999 · Idaho,2000 · Idaho Federal Courts, 2000 CCRRENT PRACTICE Practice at White Peterson emphasizes business litigation, including lender liability, contract and employment disputes, and agricultural law. Also practice in the areas of insurance litigation, medical malpractice and environmental disputes. MUNICIP AI, EXPERIENCE Property taXation and regulatory enforcement actions for various governmental entities. GENERAL INTEREST .. Clerk for the Honorable Karen Lansing, Idaho Court of Appeals, 1998-2000 ., RECENI' CONTINUING LEGAL EDUCATION . The Developing Law of Insurance Bad Faith in Idaho . Uninsured and Underinsured Motorist Law in Idaho j N, JHOLAS L. \VOLLEN ASSOCIATE .. ! ..' EDUCA nON / BAR AFFILIA nONS · B.A, University ofIdaho, 1997 · J.D., University of Idaho, 2000 · Bar Admission: · Idaho,2000 CORRENT PR.."-CTICE Practice at White Peterson emphasizes civil and criminal prosecution for the City of Meridian. MUNICIPAL EXPERiENCE Prosecutor, City of Meridian, 2002 Advising Counsel, Meridian City Planning & Zoning Commission Assistant City Attorney, City of Melba Assistant Pr€lsecutor, City of Homed ale RECENT CONTINUING LEGAL EDUCATION . Presentation of the Plaintiff as a Witness . The Developing Law of Insurance Bad Faith in Idaho . Land Use, Planning & Zoning. . Criminal Law & Procedure November 15, 2002 MERIDIAN CITY COUNCIL MEETING November 19, 2002 APPLICANT ITEM NO. I?? REQUEST Water, Sewer and Trash Delinquencies: 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS ~viJ Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED NOV 1 9 2002 DELINQUENCY FOR TURN OFF SCHEDULED FOR November 20, 2002 City of Meri di an City Clerk Offic,,- MA YOR: This is to inform you in writing, if you so choose, that you have the right to a predetermination hearing at 7:30 P.M. Tuesday, November 19, 2002, before the Mayor and City Council to appear in person to be judged on the. facts and to defend the claim made by this City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued on November 20, 2002 unless payment is received in full. Is there anyone present who wishes to contest his or her water, sewer and trash delinquency? (No response.) MAYOR: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho State Code. Even though they appeal, their water will be shut off. The amount of the turn-off list is $25,722.51. ( CITY OF MERIDIAN Delinquent Account Ust- council Page: 1 Standard Payment Customers Nov 19, 2002 02:38pm Current Period: 11/30/2002 No Delinquent Minimum AmounlDelinquent Balance Report Criteria: Terminated customers not inCluded Customer.Cust No;:; {<} 9900000 Last Pmt Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 15.0029.2 HALL, JOHN & CAROLYN 66.85 49.09 17.76 10/22/2002 50.00 - 4.1204.2 KNIGHT, TIMOTHY 83.24 54.94 28.30 10/04/2002 26.34 - 19.1208.1 A.J. HARDEE CONSTRUCTION I 74.17 32.23 17.35 21.11 3.48 08/14/2002 6.48- 74.2668.1 ADAMS, CATHY 125.07 50.85 74.22 10/18/2002 79.12 - none 34.1108.3 ADAMS, CYNTHIA 83.10 45.31 37.79 09/13/2002 10.46 - 51.3074.2 ADHD C\O AMC 201.98 92.29 109.69 09/17/2002 358.54 - 51.1150.1 ADVANCED HEATING 15.10 7.55 7.55 09/17/2002 7.55 - 2.1480.2 AFFINITY CARE 472.89 297.66 175.23 10101/2002 182.09 - 42.2370.3 AIKMAN, WILLIAM 146.42 146.42 1.1360.1 AKERS,GENEVA 428.11 260.74 167.37 09/25/2002 30.00 - none 5.0863.1 ALBERTSONS INC #180 2,385.72 2,382.48 3.24 10/17/2002 570.90 - none 50.1476.1 All & FARHA ISHAQ, SABIHA 1,327.08 442.46 459.63 424.99 10/22/2002 459.63 - none 21.0094.3 ALLEN, HAILEY 70.16 63.21 6.95 10/23/2002 65.00 . 6.9212.1 AMERICAN BUILDING 34.96 18.86 7.55 7.55 1.00 08/19/2002 6,55 - 21.2076.2 ANDERSON, LADELL 162.01 133.05 28.96 09/16/2002 352,17 - 4.2256.2 ANDERSON, NELSON 159.42 114.42 45.00 11/07/2002 45.00 - 74.2758.3 ANDREW PROPERTIES 176.80 87.51 64.25 25.04 10/23/2002 80.00 - 15.0516.2 ARCHIBALD, BEN & JAMIE 91.95 47.79 44.16 10/11/2002 89.30- 42.1988.2 ARMSTRONG, GARY & LAURA 144.03 84.03 60.00 11/18/2002 22.39 - 53.0700,1 ARNOLD MACHINERY 821.14 414.61 388.89 17.64 10/22/2002 595.23 - none 53.0701.1 ARNOLD MACHINERY 314.68 108.34 206.34 09/24/2002 176.94 - none 21.2708.4 ASAY, ALAN & JULIE 139.97 71.31 68.66 10/10/2002 86.30 - 51.3370.1 ATWOOD. CINDI 102.88 41.01 61.87 09/18/2002 63.63 - none 1.1040.2 AZEVEDO, JOE & HEATHER 98.39 64.04 34.35 09/25/2002 17.90 - 69.1620.1 BACHMAN, MICHAEL L. 136.81 41.53 95.28 10/22/2002 157.02 - none 2.3550.2 BAILEY, PEGGY 174.08 77.12 73.83 23.13 09/18/2002 90.00 - 51.0290.3 BAILEY, PEGGY 71.10 32.67 38.43 10/23/2002 72.35 - 74.2674.1 BAKER, ROBERT & TANYA 159.73 81.41 78.32 10/08/2002 108.58 - none 32.0744,1 BARNARD, WILLIAM 187.66 101.36 86.30 10/25/2002 84.90 - none 32.0960,2 BARNETT, MARY 141.05 86.60 54.45 09/19/2002 64.25 - 4.1620.6 BARNEY, MARY 143.29 117.04 26.25 11/15/2002 100.00 - 21.0464.1 BARR, JERROD F 107.29 53.99 53.30 10/11/2002 82.32 - none 3.0120.1 BARRETT, PALMER 208.21 126.80 81.41 09/16/2002 144.11 - none 19.1576.2 BARTRAM, JUNE 57.26 31.41 25.85 09/20/2002 25.85 - 21.2626.1 BASAURI, ROBERT & DENA 105.63 79.31 26.32 10/10/2002 101.16. none 31.3060.1 BASTIAN, DAVID 156.60 92.86 62.94 .80 11/04/2002 70.00 . none 42.3068.1 BAUDER,KEN 71.70 50.89 20.81 10/29/2002 50.00. none 2.2470.1 BAUGES. EDWARD L 94.66 93.46 1.20 11/05/2002 53.00 . none 13.8976.1 BEACHWOOD BUILDERS 96.85 61.26 17.35 14.76 3.48 06/12/2002 20.00 - 13.8860,1 BEACHWOOD BUILDERS 103.33 102.62 .71 10/22/2002 16.64 - 37.3628.2 BEAR CREEK LLC 41.36 20.25 21.11 10/01/2002 21.11 - 1.0030.1 BEAUDOIN, JOHN R 106.35 71.56 34.79 10/21/2002 45.00 - none 19.6576.3 BECKMAN, RICK & DARLA 97.14 56.25 40.89 10/09/2002 41.87 - 2.0502.2 BELL. HEIDI 122.39 90.82 31.57 10/11/2002 124.88 - 33.2316.1 BELL, LILLY 100.83 53.97 46.45 .41 1012112002 114.00 - none 13.8568.2 BENITEZ, RICHARDO & TERRY 132.92 69.60 43.32 10/30/2002 50.00 - 14.5041.2 BENNER, BRADLEY & LAURIE 103.17 100.72 2.45 10/22/2002 46.29 - 46.0636.2 BENNETT, GREG 103.71 40.69 61.41 1.41 09/18/2002 87.11 - 2.3600,1 BENNETT, HOWARD 102.76 71.56 31.20 10/15/2002 50.00 - none 14.3004.2 BEWLEY. SANDRA & DAVID 140.62 91.56 49.06 10/25/2002 82.00 - 22.1740.3 BINGHAM. DUNCAN & PAULINE 91.29 48.93 42.36 10/17/2002 71.01 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List. council Page; 2 Standard Payment Customers Nov 19,2002 02;38pm Current Period: 11/30/2002 No Delinquent Minimum AmounlDelinquent Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 50.3714.2 BINGHAM, DUNCAN & PAULINE 118.77 67.51 51.28 10/21/2002 202.31 - 34.0616.3 BISHOP. DENNIS & SHARON 122.61 85.11 37.50 10/23/2002 90.00 - 51.3330.2 BISHOP. TOM 38.40 36.27 2.13 11/05/2002 36.27 - 3.0308.1 BITTNER. MICHAEL 133.70 92.54 41.16 10/21/2002 55,00 - none 31.3372.2 BLACK, KENNETH 193.74 131.70 62.04 10/21/2002 90,00 - 51.3680.2 BLAKE, DALE 256.11 95.37 98.92 61.82 09/26/2002 150.00 - 33.2730.1 BLEAZARD, BARRETT 96.16 53.31 42.85 10101/2002 39.91 - none 2.0446.4 BOBKO, RAYMOND 167.56 97.76 69.80 10/02/2002 76.87 - 50.1726.2 BOESIGER, MAX 152.36 71.83 80.53 10/23/2002 77.92 - 74.2482.1 BOGDANSKI, DONALD 89.58 42.51 47,07 10/22/2002 65.00 - none 31.0512.1 BOKMAN, HELEN 162.35 106.54 55.81 10/15/2002 50.00 - none 15,0071.4 BOLTON. GREG & CINDY 159.11 59.03 78.57 21.51 09/19/2002 66.81 - 21.2794.3 BOMER, MICHAEL 110.57 57.59 52.98 09/23/2002 49.06 - 37.3626.1 BOND CAMBELL CONSTRUCTI 21.33 21,23 .10 10/14/2002 17.25 - 74.3570.1 BOOTH, ROBERT 84.87 42.51 42.36 09/17/2002 41.38 - none 32.4960.1 BORCHERS, LARRY 85.73 45.99 39.42 .32 10/21/2002 44.00 - 33.2722.1 BOUK, DORIAN 58.09 31.41 26.68 10/21/2002 26.83 - none 51.4310.1 BOWER INVESTMENTS, LLP 98.27 7.55 90.72 04/22/2002 60.64 - 14.5032.2 BOYLL, DONALD 159.64 116.60 42.69 .35 10/17/2002 45.00 - 5.0312.1 BRASFIELD, WILLIAM B. 102.04 101.68 .36 11/14/2002 67.48 - none 6.1964.2 BRASHEAR, TODD 65.10 64.80 .30 10/10/2002 30.63 - 2.2300.2 BRETON, SHELLEY 94.57 75.48 19.09 11/07/2002 20.00 - 32.0926.1 BRIGGS, NADINE 134.52 134.32 .20 10/31/2002 176.35 - none 31.2306.1 BRIGHT, LEANN 101.53 88,94 12.59 10/22/2002 70.00 - none 19.1590.1 BRIGHTON HOMES LlC 24.59 20.95 3.64 11/18/2002 17.47 - 1.3510.4 BRINEGAR, E. E. 94.47 63.06 31.41 09/16/2002 30.43 - 2.1320.2 BRINEGAR, E.E. 125.43 86.66 38.77 09/30/2002 50.0030.2 BRINEGAR, E.E. 106.74 53.43 53.31 10/14/2002 67.03 - 21.2564.4 BRINEGAR. KATHLEEN 52.58 35.38 17.20 10/23/2002 26.02 - 34.0512.1 BRITTON, BOB 71.00 35.83 35.17 08/28/2002 54.77 - none 31.0164.1 BRITTON. TIMOTHY 111.79 72.54 38.11 1.14 10/1612002 35.01 - none 19.0308.1 BROCKMAN CONSTRUCTION 10.44 6.96 3.48 32.4632.1 BULKLEY, JEFF & DEANNA 74.15 47.59 26.56 11/13/2002 56.27 - 33.1852.1 BUNDY, DOYLE 64.91 54.95 29.96 10/23/2002 40.00 - none 19.7150.2 BURCHFIELD, DARRELL 61,18 46.15 15.03 10/21/2002 40.00 - 32.1546.6 BURCHFIELD. DARRELL 102,70 59.03 43.67 09/13/2002 36.81 - 34.0856.1 BURGESS,L1N 95.97 91.71 4.26 10/31/2002 100.00 - none 19.6510.2 BURKETT, MARK 124.65 64.13 53.64 6.88 10/16/2002 57.00 - 69.0182.1 BURNS, DONALD 73.03 66.49 6.54 10/23/2002 100.00 - none 74.3668.2 BURRIS, STANTON & JANICE 69.97 37.77 32.20 09/23/2002 45.00 - 34.1456.1 BURROUGHS, JEFF 139.64 79.95 59.69 10/03/2002 59.69 - none 42.2460.1 BURTON, JACK 167.00 95.89 71.11 10/23/2002 105.03 - none 34.1528.1 BURTON,RYAN 92.24 52.33 39.91 09/13/2002 85.70 - none 50.2258.2 BUSBY, JAMES 54.10 54.09 .01 11/0112002 54.94 - 50.0726.2 C.F.L INVESTMENTS 49.86 24.01 25.85 10/17/2002 24.87 . none 21.0522.1 CALWELL, MARC 84.48 47.13 37.35 10/17/2002 40.00 . none 14.2998.1 CAMPBELL, ROBERT 72.89 49.00 23.89 09/12/2002 24.81. 21.2664.1 CAMPBELL, ROLLAND 158.85 61.83 97.02 09/18/2002 142.86 . none 31.0010.1 CANDACE ADKINS 368.33 148.74 76.58 155.54 7.47 09/18/2002 157.00 - none 32.1592.1 CARLYLE, KEITH CARL Yl 50.86 44.35 6.51 10/16/2002 65.00 - none 34.1808.2 CARPENTER,DOUGLAS 124.29 62.49 61.80 1 0/22/2002 106.50 - 4.2166.2 CARPENTER. SEAN 230.38 161.40 68.98 10/21/2002 150.00- 69.1122.2 CARTER. J.R. 169.06 83.21 85.85 10/2212002 90.00 - 50.2108.1 CASELLA, GARY 62.94 30.55 32.39 09/17/2002 65.76 - none 2,5130.1 CASPERSEN, MAUREEN K 215.70 137.24 78.46 10/23/2002 70.74 - none ... in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account Ust- council Page: 3 Standard Payment Customers Nov 19, 2002 02:39pm Current Period: 11130/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 09130/2002 08131/2002 07/31/2002 Date Amount Msg 51.3280.2 CENTERS, JAKE 73.74 36,93 36.81 22.0848.1 CHAPMAN, THOMAS 281.37 140,35 14102 10/2312002 103.78 . none 19.1706.2 CHASE, NICHOLAS 112.85 62,65 50.20 10/09/2002 62.94 . 74.2752.3 CHILDRESS, JACK 116.33 53.13 63.20 10121/2002 100.00. 50.2396.2 CHRISTENSEN, SHARYN & TH 92.36 47.71 44.65 09/16/2002 40.73 . 40.0501.1 CHURCH OF LATTER DAY SAIN 660.28 650.28 10.00 10/1412002 849.02 - none 31.0790.3 CLARK, DONN 126.33 85.28 41.05 10121/2002 102.41 - 13.2054.2 CLAYCOMB, TOM 136.15 85.62 50.53 09/16/2002 154.96. 5.0344.1 CLIFF, DWIGHT 108,52 97.42 11.10 11/18/2002 60,00 - none 34.0352.2 CLIFF, MICHAEL 60.39 60.33 .06 10/2112002 131.04. 34.1122.1 CLIFF, RANDY 104.56 59,03 45.53 0911312002 49.65. none 50.0322.2 CODE, CLIFFORD 94.32 46.73 47.59 10/21/2002 74.87 - 21.2892.1 COIL, KEVIN 114.19 88.95 25.24 10/10/2002 65.00 - none 42.3742.1 COLDWELL BANKER/ASPEN R 200.86 66.55 134.31 09/1612002 32.00 - none 74.3360.1 COLE, DEBRA 38.74 34.01 4.73 10/1712002 29.13. none 2.1650.1 COLLINS, TERRY 115.74 76.28 39.46 10121/2002 42.00 . none 74.3650,2 COLSON, CHRIS 93.45 72.15 21.30 10123/2002 100.00 - 33.0206.1 COMBA, TRUDY 121,53 111.53 10.00 10/22/2002 655,22 - none 74.0424.2 COMPTON, CRAIG 92,36 40.85 51.51 09/12/2002 90,28 - 42.2992.1 COPE, TIMOTHY 85.77 45.63 40.14 1110412002 40.00 - none 4.1746.1 COSGROVE, AMY 204.78 119.96 84.82 10121/2002 126.32 - none 16.3606.1 COSTELLA, CARL 94.54 46.09 46.45 10103/2002 52.33 - 22.2628.2 COSTNER, SHANNON 38.53 37.95 .58 10117/2002 16.39 - 31.3420.1 COUCH, JULIA 111.26 73.52 37.74 10/2112002 55.00 - none 35.0228.1 COVINO, PETER III 144.17 92.33 51.84 10/2312002 48.90 - 2.4770.1 COX, CHRISTI 197.50 127.52 69.98 09/2612002 76.84 - none 5.0662.2 CRANE, JACK 152.06 105.28 46,78 11104/2002 40.00 - 22.0960.2 CRANER, DON 114.23 107.37 6.86 10109/2002 130.74 - 74.0100.2 CRAWFORD, SARAH 54.92 29.73 25.19 08/29/2002 180,00. 37.3242.1 CREATIVE TECHNOLOGIES IN 99.52 47.47 17.35 17.35 17,35 07/2312002 53,36. 31.0808.1 CREEK, MARSHA 280.79 148.40 132.39 0912512002 163.37 . none 680116.1 CRENSHAW, MICHEAL 41.36 21.23 20.13 1010912002 21.11 . none 1.2820.1 CRIDLAND, DONALD 298.68 98.44 86.42 58.38 55.44 08119/2002 49.65. none 19.6670.1 CRIST, JERRY 72.30 38.93 33.37 10121/2002 37.29 - none 19.7130.3 CRONER, PATSY 93.39 43.35 50.04 11/1512002 60.00 - 42.4070.1 CROSS, ARBY 78.21 43.37 34,84 10/21/2002 41.70 - none 69.0590.1 CROSS, JAMES & PAMELA 218.40 69.27 149.13 09/1812002 467.63 - none 69.0100.1 CROSSMAN, DEBBIE & WARRE 98.93 49.05 49.88 1012112002 50.86 - none 74.2336.1 CROWELL, GARY 118.84 52.13 66.71 10121/2002 71.61 - none 50,3734.1 CZARNECKI, CHERYL 163.24 74.33 88.91 09123/2002 64.16 - none 4.0686.2 DA ROSA, JULIE 166.55 106.54 60.01 10121/2002 56.09- 2.0080.1 DALICE PLUMBING 105.94 70.58 35.36 10110/2002 50.00 - none 42.2388.2 DALY, BERT 125,91 57.91 68.00 09/1812002 56.24 - 14.3634.2 DANIELS, RICHARD & JOANNE 150.42 99.40 51.02 10/2812002 52.00 - 50.4574,3 DAROSA, JOE 50,95 35.45 15.50 10121/2002 57.12 - 1.3910,1 DAVCO SERVICES INC. 523,31 512.68 10.63 10129/2002 260.35 - none 65.0710.1 DAVIS. BRIAN 46.27 45.29 .98 10110/2002 50.04 - none 35.1212.2 DAYLEY, MARK & KATHRYN 63.60 35.17 28.63 09/12/2002 58.24- 2.0904.1 DECHAMBEAU, JOHN 109.17 66.00 43.17 09/10/2002 71.64 . none 72.0132.1 DEL BRADLEY STINE 85.19 38.75 46.44 10/1812002 71.92 . none 1 0930.2 DENNEN, JEVON & HEATHER 295.30 216.80 59.35 19.15 1012412002 50.00. 3.0824.2 DEWITT, HALEY 79.77 79.74 .03 1111512002 75.00 " 74.3820.2 DIMAYA, FEDELlNO 56.63 36.63 20.00 10104/2002 140.45 - 6.1012.2 DIXON, CRAIG 84.22 26.35 3.48 54.39 09/11/2002 62.37 - 3.0730.1 DOBARAN, JOHN & ARVELLA 114.97 74.14 40.83 10/2212002 40.83 - none ... in Msg column indicates no Notice is to be senl " CITY OF MERIDIAN Delinquent Account List- council Page: 4 Standard Payment Customers Nov 19, 2002 02:39pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 09130/2002 08/31/2002 07/31/2002 Date Amount Msg 34.1690.1 DOCKWEILER. THOMAS & TER 157.56 83.53 74.05 10/21/2002 83.85 - none 50,0140.1 DODGE, JAMES & JOAN 183.90 70.59 73.41 39.90 1 0/2212002 67.00 - none 4.1554.1 DOLL, THOMAS 213.21 139.48 73.73 10/23/2002 81.57 - none 21.0144.1 DOMKA, DEBBIE 72.33 39.45 32.88 10/21/2002 33.86 - none 4.0892.2 DONAHUE, MATT 119.38 119.36 .02 10/1712002 60.02. 74.2912.1 DONALDSON,STEVEN 217.07 88.21 65.90 62.96 08/20/2002 146.29 . none 3.0830.1 DONLON, KATHRYN 117.08 78.48 38.60 10/17/2002 81.05. none 31.0628.3 DOWNIE, JASON 0 136.76 86.56 48.20 10/2212002 75.00 . 42.2494.1 DRIVER, DONALD E. 74.63 68.87 5.76 10/21/2002 160.00 . none 4.2262.1 DRURY, PATRICK 227.46 109.20 118.26 10/16/2002 63.16 - none 4.1956.1 DUPLEX, HARRY 153.94 153.26 .68 11/13/2002 57.66 - none 68.0102.2 DURHAM, KYLE 58.39 29.27 29.12 09/16/2002 61.18 - 34.0746.2 DUVALL, KENNETH 97.16 77.83 19.33 10118/2002 50.00 - 22.1418.2 EARLS, SCOTT & SHIRLEY 128.18 64.91 63.27 10121/2002 19.15 - 42.2598.2 EASTBURN,GARY 144.23 70.01 74.22 10/24/2002 74.22 - 21.1106.1 EDGERTON, ANDREA 203.35 113.29 90.06 10/1712002 89.08 . none 6.8999.1 EDINBURGH PLACE -HOA 374.02 370.54 3.48 10/21/2002 3.48- 31.3034.1 EDWARDS, MARILYN 70.47 49.98 20.49 10/11/2002 40.00 - none 74.2368.1 ELDRED, FLOYD 65.85 39.57 46.28 10/03/2002 51.18 - none 72.0101.1 ELK RUN HOMEOWNERS ASS 358.94 58.96 170,08 129.90 08/0712002 258.26 - none 13.8962.1 ELLIOTT, JEREMY 133.21 88.56 44.65 10101/2002 43.67 - 42.2302.1 ELLISON, AUBREY & LYNN 104.10 51.05 53.05 09111/2002 100.00 - none 50.1242.3 ERHART, MILT 69.35 44.31 25.04 10111/2002 25.00 - 50.1240.3 ERHART, MILT 87.46 45.75 41.71 10/10/2002 39.75 - 50.1238.2 ERHART, MILT 78.64 44.33 34.31 09/13/2002 210.66 - 2.3464.1 ERICKSON, RICHARD 141.41 94.12 47.29 1 0/08/2002 65.00 - none 32.1152.2 ESPINOLA, MIGUEL & MARGAR 72.03 54.45 17.56 10/29/2002 20.00 - 50.1354.4 ESTATE OF BESSIE MATCHAM 97.43 48.23 49.06 .14 10/18/2002 47.00. 74.2688.1 EVANS, STEVEN & KRISITE 146.41 51.31 95.10 10/2212002 70.00 . none 46.0138.1 EVANS, WILLIAM 118.75 68.05 50.70 10/2212002 54.62 . none 32.1560.2 EVERIST, JAMES 50.11 38.93 11.18 10106/2002 25.00 . 4,1940.2 EXNER, VERNON & ELIZABETH 143.76 141.82 1.94 10/21/2002 165.00 - 34.1806.1 FAULKNER, FREDA 171,03 62.13 62.45 46.45 09/13/2002 25.00 - none 74.3670.2 FAULKNER, MICHAEL 42.78 41.49 1.29 10/16/2002 45.00 - 2.5890.1 FElL, KAY OR SKIP FElL 192.97 110.76 82.21 10/04/2002 71.43 - none 4.1846.1 FERRY, MIKE & TRACY 155.80 91.88 63.92 10/10/2002 63.92 - none 34.0908.1 FINKELSTEIN, CARY 85.67 43.33 42.34 10/09/2002 47.00 - none 22.1230.2 FINNEY, DANIEL 67.89 67.39 .50 10/09/2002 71,10 - 42.0466.2 FISCHER, DAVID 217.21 52.69 71.60 92.92 10/09/2002 117.60- 74.1006.1 FISHEL. GEORGE 269,61 121.57 166,04 10/14/2002 144.11 - none 2.0740,1 FISK. PATRICK 266.83 248.55 38.26 10/2212002 120.00 - none 16.3640.2 FITZEN, LARAE & LINDA 145.71 90.91 54.80 09/26/2002 50.00 - 32.0788.2 FITZPATRICK, ROBERT & CHRI 173.39 99.34 74.05 10/21/2002 86.04 - 1.1160.2 FLATEN, BOB 310.38 123.46 74.05 112.87 09117/2002 95.77 - 69.0736.1 FORGY, MICHAEL 75.33 69.31 6.02 10/28/2002 100.00 - none 1.0780.3 FORREY, MATTHEW & CAMMI 91.43 67.44 23.99 10/21/2002 50.00 - 52.0150.1 FORS. GARY 31.40 24.01 7.39 11/01/2002 40.00 - none 34.0552.1 FOSTER, BRADLEY D. 163.48 77.17 86.31 10/11/2002 86.27 - none 15.0010.2 FOWLER, ROBERT & KERRI 110.25 60.37 49.88 10/21/2002 51.84. 74.3626.1 FRANCIS JR, DAVID 54.79 27.47 27.32 09/11/2002 60.52 - none 2.5840.1 FRANK, GARY 210.67 105.22 78.95 26.50 09/19/2002 90.00 - none 65.0790.1 FRANK, JERRY 202.97 66.75 99.53 36.69 10/23/2002 185.00 - 2.4930.4 FREEMAN, SARAH 159.63 97.68 61.95 10/21/2002 88.41 - 50.3754.1 FRENCH, LAWRENCE 185.97 87.51 98.46 10/23/2002 62.00 - none 4.1454.1 FUENTES, CHRYSTLE 188.74 124.82 63.92 10/24/2002 101.76 - none ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 5 Standard Payment Customers Nov 19. 2002 02:39pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 69.0996.1 FULLER. JACK 99.13 88.25 10.88 08/13/2002 50.00 - none 4.1886.2 G E CAPITOL 32.35 32.35 74.2710.1 GAILEY, BRON 127.67 38.75 77.42 11.50 09/18/2002 100.00 - none 32.0676.4 GAINOR, THOMAS & DIA 231.75 156.72 66.21 8.82 10/17/2002 56.40 - 50.1996.2 GARCIA, CHRISSY 81.72 56.05 25.67 10/21/2002 50.00 - 2.5950.3 GARDINER, DAVID 174.97 117.58 57.39 10/24/2002 106.83 - 19.4456.2 GARDNER, DREW & PRICE, CA 158.69 76.12 82.57 20.1284.2 GARDNER, VINCE 127.19 72.63 54.56 10/21/2002 70.00 - 23,3996.1 GARIBOVIC, NEDZA.D & SUADA 63.17 57.07 6.10 09/12/2002 84.40 - 21.3048.2 GARLICK, LEWIS 262.90 138.97 123.93 11/04/2002 140,00 - 33.2302.1 GARRARD. DALE 80.80 43.67 37.13 10/22/2002 38.11 - none 20.1826.1 GIBBS, LORIN 217.89 95.65 106.72 15.52 10/04/2002 85.00 - none 42.0366.1 GILLUM, DERICK & AMY 59.55 58.57 .98 11/18/2002 51.02 - none 16.3314.2 GILMAN, GLEN & JODENE 98.15 54.81 43.34 09/26/2002 7.76 - 2.2578.2 GINGRICK, KENT 177.86 104.30 73.56 10/22/2002 79.44 - 35.0254.1 GLENN JOHNSON HOMES 105.56 88.59 16.97 10/09/2001 112.54 - 33.2388.1 GLUCH, SCOTT 91.45 35.17 27.65 28,63 08/14/2002 54.33 - none 2.1170.3 GODBY, ORVILLE & PHOEBE 194.20 126.50 67.70 10/04/2002 100.00 - 25.4050.2 GOEBEL, DANIEL & CAROLINE 120.61 3.48 36.81 80.32 19.7126.4 GORDON, WILLIAM & SHERRIE 181.82 40.41 66.81 37.79 36.81 1.2090.1 GOSSEN, KELU 95.93 59.46 36.47 09/13/2002 77 .84 - none 10.1028.1 GO CONSTRUCTION 24.43 20.95 3.48 50.3908.1 GRAHAM, JOHN & KATHLEEN 63.25 32.51 30.74 10/17/2002 40.00 - none 32.1610.5 GRANDBY, RAMONA 75.39 75.31 .08 10/23/2002 80.40 - 34.3206.1 GRAYSON, DIANA 38.30 20,95 17.35 09/17/2002 17.35 - none 2.4290.1 GROSSO, SHADOW 83.19 54.56 28.63 10/21/2002 55.67 - none 6.9852.1 GUARENTEED QUALITY PLUM 76.39 41.42 26.35 7.55 1.07 08/27/2002 16.88 - 74.0046.1 GUNN,REBA 53.61 52.61 1.00 10/23/2002 74,03 - none 21 .0462.3 GUNNARSON, HOWARD & RUT 156.56 99.49 57.07 10/23/2002 61.61 - 65.0416.1 GUTH, KEVIN 77.00 38.07 38.93 10/22/2002 32.50 - none 31.0012.4 GUYMON, GREG 110.67 73.86 36.81 09/25/2002 36.81 - 32.1360.2 HAILEY, SEAN 81.16 46.77 34.39 10/24/2002 90.00 - 74.2582.1 HALE, RICK 100.23 44.31 55.92 10/01/2002 58.86 - none 4.1594.1 HALL, BRIAN 168.97 94.76 74.21 10/03/2002 181.03 - none 34.1820.2 HALL, DUSTIN 158.26 113.77 44.49 10/22/2002 150.00 - 22.0924.1 HALL, KEVIN 102.46 12.30 90.16 06/24/2002 62.36 - none 4.0694.2 HALL, PAMELA & GLEN 127.86 92.48 35.38 10/21/2002 50.00 - 33.2338.1 HAMIL TON, TRACEY 171,36 93.85 77.51 10/17/2002 71.63 - none 4.1790.3 HAMMER, MARCIE 186.68 104.30 82.38 09/17/2002 89.24 - 14.3520.2 HAMMON, GEORGE & SHARON 138.66 92.54 46.12 10/18/2002 47.10 - 33.1842.1 HAMMONS, KENNETH & MARIB 106.28 45.63 60.65 09/26/2002 50.85 - none 31.3378.3 HANCOCK, ROBERT 107.23 81.70 25.53 11/15/2002 55.00 - 74.2662.1 HANSEN, DAVID 110.98 47.71 63.27 10/21/2002 82.87 - none 14.3688.2 HANSEN, ROBERT & MARY 138.11 91.50 46.61 10/21/2002 47.59 - 14.3640.2 HANSEN. ROBERT & MARY 139.62 83.72 45.14 10.76 09/16/2002 75.14 - 2.0484.2 HANSON, KELLY & AI SHA 199.91 124.86 75.05 10/17/2002 76.03 - 42.2356.1 HARP,GREGORY 188.01 99.25 88.76 10/22/2002 96.60 - none 421820.1 HARRINGTON-BLACK, JODY 51.03 50.73 .30 10/23/2002 49.00 - none 74.3828.1 HARRIS, FLETCHER & KERRIE 102,53 50.85 51.68 09/17/2002 53.64 - none 37.3650.1 HART DESIGNS 51.19 43.79 7.40 09/20/2002 3.48- 21.1026.2 HATCH, DAVID 164.98 97,03 67.95 10/23/2002 80.00- 34.3234.2 HATCH,GARY 9092 4187 49.05 10/21/2002 58.85- 20.1624.1 HEATON. JUDITH A. 110.66 82.87 27.79 10/18/2002 100.00 - none 50.0550.2 HEDGER. LESLIE 28.91 27.93 .98 11/05/2002 24.87 - 22.0910.3 HENDERSON. SEAN 429.55 101.17 176,95 151.43 10/23/2002 100.00 - no in Msg column indicates no Notice is to be sent , ( CITY OF MERIDIAN Delinquent Account List- council Page: 6 Standard Payment Customers Nov 19, 2002 02:39pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 19.1288.2 HENDERSON, TOMAS 100,74 62.95 37.79 7.0990.1 HEPPER. TIM 305.35 228.72 76.63 11/12/2002 37.00 - none 22.1522.1 HESS, JACK 48.73 41.71 7.02 11/14/2002 60.00 - none 3.0036.2 HESTER, CHRISTINE 154.45 75.86 78.56 .03 10/2212002 73.06 - 3.0094.2 HESTER. CHRISTINE A 194.29 109.22 84.46 .61 10/2212002 56.42 - 74.0384.2 HESTER, LLOYD & SHERRY 91.06 45.43 45.63 09/16/2002 203.00 - 31,3454,2 HICKMAN, JOHN 188.50 132.94 55.56 10/24/2002 90.00 - 37.3818,1 HIGH DESERT CONSTRUCTIO 25.41 17.47 3.48 4.46 37.3850.1 HIGH DESERT CONSTRUCTIO 59.41 21.23 17.35 17.35 3.48 07/11/2002 6.48- 37.4102.1 HIGH DESERT CONSTRUCTIO 208.56 92.59 51.19 39.91 24.87 07/11/2002 39.64 - 37.3644.1 HIGH DESERT CONSTRUCTIO 123.25 62.51 28.63 21.11 11.00 07/11/2002 6.48- 3.0382.1 HILL, BRIAN OR VICTORIA 196.02 129.80 66.22 10/10/2002 85.82 - none 3.0126.1 HILL, W THOMAS 141.75 89.92 51.83 09/23/2002 64.00 - none 65.0296.1 HJORTH, RONALD 73.40 35.29 38.11 09/19/2002 34.19 - none 3.0268.1 HOBDEY, BRIAN 88.15 69.98 18.17 10/18/2002 30.00 - none 4.1792.2 HOHENSHELT, JOAN 191.80 118.68 73.12 10/1112002 120.00 - 5.0722.1 HOLLEY, DAVID 242.21 139.14 103.07 10/23/2002 113.96 - none 33,4346.1 HOLLOWAY, PAIGE 168.28 79.31 88.97 10/2212002 90.00 - none 52.0414.1 HOME DEPOT #1804 1,940.26 1,924.52 15.74 10/17/2002 3,027.21 - none 52.0415.1 HOME DEPOT #1804 32.04 9.36 22.68 10/21/2002 24.06 - none 51.4250.1 HOME PRO PLUMBING 344.57 344.57 02127/2002 216.38 - none 21.0536.1 HOOK, JAMES & CRYSTAL 142.07 78.67 63.40 10/21/2002 95.00 - none 51.0534.1 HORTON,MARGARETTE 90.72 45.91 44.81 09/09/2002 39.91 - none 74.3966.1 HOSAC, JAMES 91.41 43.33 48.08 09/17/2002 99.10 - none 33.4350.2 HOWARD, CHARLES & LACEY 88.43 77.65 10.78 11/13/2002 65,23 - 74.3472.2 HOWARD, TREVOR 31.25 31.23 .02 10/11/2002 31.06 - 32.0666.3 HOWELL, CHRIS & APRIL 168.38 115.08 53.30 10/14/2002 85.00 - 40.0248.1 HU KO, GWON 52.54 52.49 .05 10/29/2002 52.76 - none 42.3112.2 HUD/GOLDENFEATHER ATTN: 95.23 42.89 39.26 13.08 74.3698.2 HUD/GOLDENFEATHER REAL T 41.15 13.50 23.89 3.76 09/16/2002 45.00 - 65.3136.2 HUD/GOLDENFEATHER REAL T 93.74 36.93 36.81 20.00 09/25/2002 260.47 - 42.1860.3 HUFFAKER, ROBERT 134.58 79.15 55.43 09/25/2002 7.84 - 42.2028.3 HUFFMAN, MICHAEL & MARSH 164.06 68.83 95.23 10/23/2002 64.25 - 65.0460.2 HUMPHREY, KELL Y 116.42 57.55 58.87 09/25/2002 52.99 - 74.3436.2 HUMPHREYS, JASON & CHRIS 53.68 52.95 .73 11/18/2002 57.00 - 31.3402.1 HUNT, HEATH 124.77 82.02 42.75 10/2212002 55.00 - none 51.0510.4 HUNT, WESLEY 60.54 30.71 29.83 10108/2002 34.00 - 49.1148.1 IDAHO HEATING AND AIR 385.27 230.67 154.60 11/18/2002 375.00 - 48.2840.1 IDA-TRAN 2,617.62 1,331.40 1,088.70 197.52 10/17/2002 2,159.48 - none 35,3072.1 IDEAL CUSTOM HOMES 96.15 32.51 63.64 09/13/2002 5.44- 74.3336,1 ILG, KENNETH 111.35 54.77 56.58 10107/2002 56.58 - none 50.2550.1 INTERMOUNTAIN OUTDOOR S 164.41 75.26 89.15 09/13/2002 280.38 - none 32.1148.1 IRWIN, DAVID 81.81 61.81 20.00 10/25/2002 81.72 - none 33.2760.3 JACKCI, JEANETTE & JENNIFE 88.00 48.25 39.75 68.0046.1 JACOBSEN, JASON & LIANNA 75.39 37.77 37,62 09/20/2002 36.60 - none 50.4506.1 JACOBSON, BETTY B. 51.82 25.97 25,85 10/09/2002 38.4 7 - none 23.3012.2 JAEGER,KEVIN & CLAY, TINA 74.82 74.65 .17 10/24/2002 36.15 - 32.1552.1 JAKOMEIT, MICHAEL 126.82 52.17 74.65 11/01/2002 11.71-none 51.3570.3 JAKOVAC, DESIREE 65.56 31.37 34.19 10/2212002 51.83 - 15.0023.1 JAMES A BENJAMIN 53.11 48.41 4.70 08/06/2002 81.00 - 65.0666.2 JAMESON, BRETT 63.69 40.55 43.34 10/08/2002 40.40 - 32.0936.1 JARDINE, MICHAEL 175.42 127.14 48.28 11/14/2002 50.00 - none 35.1456.1 JEFFRIES, JEAN 92.44 55.63 36.81 09/20/2002 21.11 - 31.0514.1 JENSEN, LORETTAA. 129.48 84.96 44.52 10/08/2002 50.00 - none 20.0430.1 JOHN J UNUCK 10.44 6.96 3.48 ... in Msg column indicates no Notice is to be sent /' l CITY OF MERIDIAN Delinquent Account List- council Page: 7 Standard Payment Customers Nov 19, 2002 02:40pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 42.3060.1 JOHNSON,MATHEW 76.25 42.39 33.86 09/0512002 156.53 - none 42.1078.1 JOHNSON, RUTH 74.87 74.47 .40 10/15/2002 75.36 - none 20.1554.3 JOHNSTON, JAMES 270.65 135.71 132.11 2.83 10/21/2002 140.00. 50.2354.1 JONES, LARA 104.38 67.25 37.13 10/23/2002 40.07 . none 4.1766.3 JONES, STEPHEN & CONNIE 264.29 136.90 109.49 17.90 10/14/2002 110.00 - 68.0258.1 JORDAN. MICHAEL 26.93 26.93 11/12/2002 20.00 - none 21.1058.2 JORGENSEN, ROBERT & TERI 71.98 71.97 .01 10/3112002 77.16 - 46.0840.4 JUDY, VICTOR 118.41 56.61 59.84 1.96 13.4038.2 JUSTENSEN, LARRY & DANIEL 146.50 97.44 49.06 10122/2002 50.04 - 20.1932.1 JUSTICE, PAT 190.95 95.63 95.32 10/0912002 125.00 - none 43.0212.1 K W HOMES 17.14 12.68 4.46 08/23/2002 20.00 - 50.4638.1 KEENE, JAMES 186.77 54.60 132.17 10111/2002 175.85 . none 21.0028.2 KEENEY, DONLAN & ELlSABET 102.24 55.63 46.61 22.1514.2 KEHR, JOHN 120.75 115.11 5.64 11/14/2002 115.00 - 21.1946.2 KEITH WRIGHT 73.31 39.45 33.66 09/11/2002 32.68 - 34.3190.1 KELLEY, SCOTT 111.75 77.13 34.62 10/2312002 50.00 - none 69.0780.1 KELLEY, WESLEY & GERRI 100.52 42.97 57.55 10/21/2002 60.49 - none 3.0286.1 KELLY, MILLICENT 82.26 52.98 29.28 09/11/2002 26.34 - none 33.2356.1 KENNEDY, BRIAN 87.63 49.39 38.24 10122/2002 70.00 - none 6.1930.1 KENT JOHNSON 60.47 24.58 12.29 10.33 13.27 07/1812002 33.76 - 42.1810.2 KESTER, ROBERT 110.04 54.65 46.12 9.27 10/0312002 40.00 - 21.3298.4 KIESECKER, DARRIN 115.27 68.83 46.44 11/08/2002 300.00 - 2.0426.2 KILMARTIN, E. JAMES & CARO 183.82 115.66 68.16 10123/2002 96.20 - 50.0594.2 KINDALL, ARRON & MISTIE 41.83 40.85 .98 33.2704.2 KINDALL, DAVID 48.57 42.69 5.88 11106/2002 36.00 - 3.0024.1 KINNEY, KIMIKO 193.16 91.88 45.30 55.98 10/21/2002 35.00 - none 22.2364.2 KINZEL, REBECCA 56.40 27.77 28.63 09/1712002 27.65 - 5.0342.1 KIRBY, GREGORY & KAREN 134.17 98.36 35.81 10/2412002 50.00 - none 31.1270.2 KLINT, CARL 145.56 138.36 7.20 10/2112002 200.00 - 21.0470.2 KNIGHT, ROBERT & JOANNE 65.76 36.15 29.61 09/11/2002 28.63 - 74.0342.3 KNOWLTON, KIMB ERL Y 105.47 47.91 57.56 11105/2002 73.24 - 74.3600.1 KOCH, CLINTON 47.43 47.25 .18 10109/2002 45.00 - none 21.0466.2 KORBER,GERALD 104.88 72.69 32.19 10/24/2002 2.00 - 74.3836.1 KORTON, TOM & CATHY 69.97 46.89 23.08 11/0112002 40.62 - none 50.4642.3 KUGEL, LISA 106.33 44.77 61.56 10/21/2002 64.00. 33.3764.1 LACY,BRENT 46.61 43.67 2.94 10121/2002 36,15. none 74.0426.1 LACY, GLORIA 67.66 38.87 28.79 09116/2002 65.95 - none 3.0654.1 LAMBERT, KENNETH 96.47 62.46 31.08 2.93 09103/2002 59.23 - none 32.1178.3 LARISON, ROBERT 195.38 128.19 67.19 10/16/2002 77.97 - 22.0336.1 LARSON, CARl 92.59 44.19 46.40 10/17/2002 55.26 - none 21.3018.1 LARSON, GORDON 61.33 60.37 .96 11/15/2002 51.84 - none 2.4990.2 LAUFENBERG, JIM & TAMMIE 265.60 96.40 48.57 81.51 39,12 08/21/2002 55.00 - 21.2824.1 LEACH, GLEN 34.78 34.71 .07 11/07/2002 30.00 - none 43.0370.2 LEMAR, RICK & MELISSA 103.71 56.61 47.10 09/26/2002 72.24 - 37.3980.2 LEMMON, JACK & BEVERLY 93.37 46.27 47.10 09/11/2002 43.67 - 50.2428.1 LEONARD, DAMON 57.88 51.01 6.87 1011512002 60.00 - none 15.0032.2 LEVERETT, RANDALL 88.35 46.97 41.38 09113/2002 85.70 - 31,33821 LEVITT, MONTE 149.23 97.44 51.79 10117/2002 12.25 - none 34.1754.1 LIEBERMAN, DAVID 238.28 141.03 97.25 10/22/2002 121.75 - none 50.2130.1 LIKES, JENNIFER 87.46 42.81 44.65 10/21/2002 46.61 - none 50.2422.1 L1NDEMOOD, DOUGLAS 60.33 58.37 1.96 10/29/2002 57,24 - none 42.2520.1 LOCKYER, MERRIE 137.18 69.03 68.15 10/2212002 84.00 - none 4.0862.4 LOMAN, VALKYRIE 145.51 87.64 46.12 11.75 09/16/2002 80.00 - 32.0754.2 LONG, LUJEAN 210.18 113.76 96.42 10/01/2002 102.30 - 42.0550.1 LOUIES RESTAURANT 2,134.16 1,081.04 1,053.12 09/13/2002 1,026.80 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account Ust- council Page: 8 Standard Payment Customers Nov 19, 2002 02:40pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 42.0551.1 LOUIES RESTUARNT - SPRINK 368.14 185.32 182.82 09/13/2002 167.14- 20.0132.1 LOVELAND, JAMES 141.26 74.39 66.87 10/23/2002 80.28 - 33.2706.1 LOVELAND. JEREMY 49.86 43.01 6.85 10/18/2002 100.00 - none 21.2636.1 LUCERO, ROBERT & TRACY 117.18 49.83 67.35 10/15/2002 72.25 - none 20.1758.1 LYONS. STEPHEN & LINDA 96.31 93.23 3.08 11/05/2002 70.00 - none 19.5486.2 LYTLE, ROBERT 106.01 56.29 49.72 09/09/2002 98.46. 22.1724.1 MACHADO, DAVID 86.36 46.45 39.91 10/01/2002 38.93 - none 42.1970.1 MACHULE, HERBERT 134.36 67.51 66.85 09/18/2002 67.83 " none 2.4760.1 MADER, RICHARD F. 151.35 95.10 56.25 09/16/2002 118.73" none 31.3412.1 MADSON. MELVIN L 160.75 113.00 47.75 10/23/2002 58.53 - none 2.1510.1 MANWARING, MARK 87.11 57.50 29.61 10/16/2002 30.59 - none 35.3076.1 MARKAR DESIGN & CONSTRU 34.82 17.47 17.35 10/22/2002 3.48- 21.1760.1 MARKLE, JAMES 143.54 97.59 45.95 10/22/2002 150.00 . none 4.2016.1 MARKS, EUGENE & JEANNE 204.78 103.30 101.48 09/11/2002 190.22. none 21.3276.4 MARLER, WENDY 190.52 82.55 107.97 10/22/2002 75.03. 35.5016.2 MARTIN SHERIE, & DAVID J 78.72 75.29 3.43 10/24/2002 93.71 " 46.0174.1 MARTIN. MAYNARD 63.19 62.33 .86 10/21/2002 50.00 . none 74.3592.4 MARTIN, PATTI 120.47 46.27 74.20 10/09/2002 50.00. 50.2300.2 MARTINEZ, DANA & PRESTON 89.42 47.71 41.71 10/22/2002 42.69 - 74.3628.3 MARTINEZ, RICHARD 78.64 38.89 39.75 50.3704.2 MATA, FREDIE 97.70 61.93 35.77 10/14/2002 50.00. 34.2106.2 MATLOCK, MELANIE R. 204.79 87.07 61.31 56.41 34.1968.2 MATTHEWS, DAVID & MICHELL 172.43 97.85 74.58 10/23/2002 50.00 . 22.1068.2 MAUPIN, SHELLY D 123.41 84.61 38.80 10/24/2002 65.00. 50.4821.1 MAWS #3 - SPRINLKER 17.16 3.48 3.48 3.48 6.72 11/21/2001 42.12 - 74.2902.4 MCBAINE, DONALD 47.10 45.29 1.81 11108/2002 45.29 - 33.2266.1 MCBRIDE, KEVIN 185.27 85,55 87.80 11.92 09/17/2002 100.00 - none 33.2582.3 MCCALL, M. DAVID 78.72 49.23 29.49 10/21/2002 75.00 - 69.2258.4 MCCANDLESS, DOUG 139.43 52.15 87.28 10/21/2002 105.90 - 42.2072. 1 MCCLINTICK, TODD & LEISA 181.79 86.35 95.44 10/22/2002 98.42 - none 2.0450.2 MCCLURE, BRENT 267.64 149.38 118.26 10/23/2002 88.26 - 1.0170.2 MCCURDY. NATHAN 86.18 55.92 30.26 09/13/2002 26.34 - 22.1530.1 MCDONALD, TORY 123.93 120.99 2.94 10/21/2002 115.40 - none 31.3242.1 MCGOWAN, DAVID E. 161.13 95.74 65.39 10/22/2002 70.29 - none 33.2556.1 MCLEAN, BRANDON 61.49 56.91 4.58 11106/2002 45.00 - none 74.2342.2 MCMULLEN, FARIS & PATRICIA 85.12 43.33 41.79 10/21/2002 50.00 - 2.3892.1 MCNALLEY, RUSSELL 169.79 71.88 97.91 10/28/2002 30.00 - none 74.0420.2 MCNEIL, JACOB 40.71 33.65 7.06 10/16/2002 60.00 - 31.0668.4 MEADE, LENA 142.03 88.56 53.47 10/09/2002 62.29 - 34.0968.2 MEHOLCHICK. VICKY 135.51 63.63 71.88 09/19/2002 95.00 - 1.2730.1 MELLEN, ANGELA 149.82 149.62 .20 10/23/2002 172.00 - none 40.0110.1 MERA, RAYMOND 40.93 40.07 .86 11/13/2002 28,75 - none 51 .3780.1 MERRITT. JUDY 55.40 31.53 23.87 11/01/2002 35,00 - none 42.2552.1 METHNER. JACK C. 140.26 62.13 78.13 09/1712002 73.23 - none 500554.2 METZGER, MICHELLE 148.43 3.48 64.68 80.27 06/26/2002 65.00 - 74.3246.1 MEYER. JOHN & LISA 148.01 65.29 82.72 09/18/2002 217.44 - none 2.2030.1 MEYER. VIRGINIA 121.63 43.58 24.23 53.82 11/12/2002 40,00 - none 19.7124.1 MEYERS, TROY & JIMI 114.87 65.93 48.94 09/16/2002 120.00 - 33.7616.1 MICHAELSON. BRADLEY 163.62 97.57 66.05 10/23/2002 66.05 - none 19.1708.2 MICHAS. JAMES 139.65 80.95 58.70 09/17/2002 59.68 - 42.2084.1 MIDDLETON, JR 312.93 221.39 91.54 10/15/2002 98.38 - none 33.0056.1 MIKE CARDINAL 579.16 82.75 116,59 94.03 285.79 10/24/2001 322.22 - none 50.3876.2 MILlKEN, MICHELLE 64.52 35.45 29.07 09/12/2002 31.41 - 4.2280.2 MILLBURN, TIMOTHY 230.30 145.14 85.16 09/24/2002 95.94 - 20.1698,1 MILLER & ASSOC 178.48 100.35 78.13 09/17/2002 83.03 - none ... in Msg column indicates no Notice is to be senl CITY OF MERIDIAN Delinquent Account List- council Page: 9 Standard Payment Customers Nov 19, 2002 02:40pm Current Period: 11/30/2002 No Delinquent Minimum AmouotDelinquent Balance Last Pmt Last Pm! Cust No Name Balance Non-Delinq 0913012002 08/31/2002 07131/2002 Date Amount Msg 74.3696.1 MILLER, GREGORY & ERICA 69.35 35.29 34.06 1012212002 50.00 - 35.0244.2 MILLER. MARK & WENDl 142.91 142.91 OS/28/2002 45.96 - 34.1964.2 MILLER, RICKEY 103.68 54.13 49.55 1012212002 69.15 - 51.3146.1 MILLER, S & S 82.22 38.23 43.99 09111/2002 77.20 - none 32.1108.2 MILNER, BRIAN 154,58 92.13 62.45 10/23/2002 61.47- 22.1152.1 MINSEW, CASEY 142.85 71.79 70.12 .94 10/22/2002 70.00 - none 33.2744.1 MOFFIT, JENNIFER 62.82 34.19 28.63 1010112002 28.63 - none 74.3108.3 MOGFORD, DWIGHT 98.24 49.67 48.57 1011612002 48.57 - 20.1652.2 MOLEBASH, JOHN & MONICA 132.44 70.47 61.97 10/25/2002 63.93 - 3.0874.1 MONTGOMERY, PAT 152.91 3.48 36.48 112.95 04110/2002 32.4 7 - none 69.0940.1 MOORE FAMILY REVOCABLE T 97.88 41.65 56.23 09/1712002 74.85 - none 6.1918.2 MOORE, KENNETH & CHRISTIE 100.39 43.88 27.33 29.18 0812712002 27.00 - 46.0222.1 MOORE, KEVIN & LISA 83.15 82.75 .40 10108/2002 100.00 . none 52.1212.1 MORGEN & OSWOOD CONSTR 134.33 52.11 74.67 7.55 3.0889.1 MORNING GLORY #2 HOA 10.44 3.48 3.48 3.48 32.0654.1 MORRISON, MICHAEL & BENICI 191.94 179.76 12.18 11/1812002 89.39 - none 47.0006.1 MORRISON, RUSSELL & DONN 97.85 37.65 60.10 .10 09/1812002 30.00 - none 4.0500.1 MORTON, CRAIG 132.23 86.94 43,29 09/1712002 45.00 - none 22.1602.2 MOUNCE, ROBERT 134.11 64.95 69.16 09117/2002 153.02 - 34.0500.1 MOURITSEN, LAYNE 156.28 72.59 83.69 10/21/2002 140.10 - none 4.2350.1 MOVIE GALLERY # 2986 45.27 18.86 7.55 11.31 7.55 08/19/2002 33.76 - none 42,3088.2 NASH, TIM & JOCELYN 46.73 46.15 .58 10/28/2002 39.00 - 69.2302.1 NEAL, KEVIN & MICHELLE 89.77 42.51 47.26 10/18/2002 45.64 - none 21.2120.2 NEGUS, RICHARD & JUINNE 130.69 45.31 70.73 14.65 09/19/2002 67.79 - 65.0450.1 NELSON, MARILYN 64.91 32.51 32.39 .01 09/16/2002 88.51 - none 3.0660.1 NEWHOUSE, RAYMOND & TINA 90.95 81.42 9.53 09105/2002 100.00 - none 31.0726.1 NITZ, JASON 132.73 86.28 46.45 09/23/2002 52.33 - none 22.1632.2 O'HARA, KATIE 80.59 71.77 8.82 10/11/2002 108.90 - 50.2152.1 OLMEDA. ANGEL & ELL Y 49.31 45.59 3.72 10103/2002 45.47 - none 2.2510.1 OLSEN, URSULA 138.11 84.64 53.47 09113/2002 62.29 - none 32.4954.1 ONEIL HOMES 97.50 53.83 43.67 09124/2002 17.35 - 51.3430.2 OVERTON, DAVID 188.93 38.89 40.73 109.31 10103/2002 50.00 - 22.0454.1 P. JANSSON, JANIE 151.09 83.73 67.36 1012212002 97.36 - none 31.3504.1 PADDOCK, LINDA 90.05 78.42 11.63 10124/2002 50.00 . none 50.4614.2 PAISANO ITALLlAN RESTURAN 294.32 231.24 63.08 10/2912002 230.19- 40.0246.2 PANASITI, JOSEPH & DIANA 82.12 43.35 38.77 10/1012002 39.75- 2.2190.1 PARKER, I. RAY 136.78 78.10 58.68 11/18/2002 39.05 - none 21.3011.1 PARKWOOD MEADOWS HOME 212.32 106.92 105.40 09/23/2002 76.98 - none 64.3050.1 PARRISH, MARTIN 95.96 46.57 49.39 10/18/2002 45.4 7 . none 74.2750.2 PASLEY, KURT & SERENA 145.33 58.53 86.80 10/2212002 76.52 - 2.2550.6 PAUL PACK 137.13 87.58 49.55 10/21/2002 58.37 - 51.0318.3 PAULIN, BEN 50,61 24.99 25.62 10/2112002 30,00. 74.3356.1 PAYNE, STEPHEN 63.73 49.05 14.68 10/2812002 45.00 - none 2.0120.1 PEABODY, ELLA 113.91 79.54 34.37 09125/2002 38.29 - none 4.0522.1 PEACOCK. ROBERT 92.06 55.92 36.14 10116/2002 55.31 - none 69.0214.1 PERRY, DAN & LORI 109.04 53.11 55.93 10/21/2002 104.55 - none 11200,2 PERSIMMON RENTALS 167.96 107.84 60.12 10/04/2002 120,00 - 21.3160.1 PETERSEN, DOUGLAS & JENNI 152.33 64.29 88.04 10/22/2002 96.00 - none 46.0874.1 PETTINGILL, C. BLAINE 69.58 46.80 22.78 10/30/2002 15.00 - none 1.3130.2 PHILIPS, ROY 190.32 122.48 67.84 10/23/2002 44.00 - 37.3868.3 PICCOLA, NATALIE & JASON 54.49 44.77 9.72 09/26/2002 50.00 - 47.1110.3 PIERCE, WILLlMA & LAURA 99.76 59.03 40.73 14.3590.1 PINNACLE HOMES 52.29 34.94 17.35 09/1212002 17.35 - 34.1220.1 PIPER, GLENN 102.33 26.51 22.91 52,91 09125/2002 76.27 - none 19.6644.1 PLACE, WILLIAM 106.25 41.41 64.84 10/21/2002 33.86 - none ... in Msg column indicates no Notice is to be sent (. ( CITY OF MERIDIAN Delinquent Account List- councii Page: 10 Standard Payment Customers Nov 19, 2002 02:40pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 34.0832.2 PLETCHER, MICHAEL 96.16 48.41 47.75 10/21/2002 57.55 - 4.1412.1 PLUMLEY, RODNEY & M. NAO 170.00 99.06 70.94 10/15/2002 68.98 - none 22.0868.1 POLLARD, RONALD 379.81 187.31 192.50 10/21/2002 175.84 - none 21.1942.1 POOL, JAMES H, 259,29 259.29 01/15/2002 25.00 " none 21.3062.1 POWELL, GREG & CATHERINE 232.40 105.78 126.62 09/17/2002 187.94 - none 50.2402.1 POWELL, RANDY 122.44 57.85 64.59 10/21/2002 62.63 - none 4.1952.4 PREFERRD COMMUNITY HOM 412.16 341.06 71.10 10/22/2002 108.04 . 34.1940.2 PRESLEY, ALLISON 111.52 56.09 55.43 10/21/2002 63.27 . 2.0418,2 PRICE. DOUGLAS 221.56 126.80 94.76 10/21/2002 120.00. 1.3490.3 PRIEST, DONNA 187.71 134.58 53.13 10/23/2002 31.00 - 74.3418.2 PRINDLE, SHELLY 125.42 76.43 48.99 10/23/2002 50.00 - 21.1828.2 PRINTZ, DENIA 91.79 63.15 28.64 11/18/2002 25.00 - 33.2602.2 PRYOR, JUNE 115.06 41.39 73.67 09/19/2002 80.48 - 74.2338.1 PUCKETT, ROB 94.64 44.93 49.71 10/01/2002 80.49 - none 21.1720.1 PURVIS, BRETT J. 58.75 58.73 .02 10/21/2002 58.02 . none 14.5034.2 PUTMAN,CHERYL 76.81 50.96 25.85 10/22/2002 26.83. 34.1172.1 QUARNBERG, CARL & DOROT 171.66 85.67 85.99 10/16/2002 92.76 - none 74,0902.2 RACKHAM, LARRY 34.31 19.28 15.03 10/17/2002 30.15 - 52,1002.2 RAFANELLI & NAHAS 83.75 41.95 41.60 09/17/2002 41.80 - 2.5670.1 RANSOM. JAMES R. 178,70 87.90 79.71 11.09 09/20/2002 50.00 - none 21.3088.2 RASMUSSEN, CLINTON 195.15 81.75 101.64 11.76 10/21/2002 101.64 - 16.3001.1 RATCLIFFE INVESTMENTS 17.40 6.96 3.48 3.48 3.48 22.2280.2 REAVIS. JEFFREY 278.59 143.75 134.84 10/21/2002 136.80 - 31.3390.2 REIF, JANELLE & HULL, JASON 117.69 86.92 30.77 10101/2002 25.00 - 21.0118.2 REIS, DAVID 68.73 36.67 32.06 10/04/2002 31.08 - 33.4578.1 RHINEHART, DOUG & MARY 138.48 64.29 74.19 10/21/2002 70.00 - none 33.2336.1 RICHARDSON, JAMES 120.68 68.51 52.17 10109/2002 51.19 - none 4.2320.1 RICHARDSON, ROD 239.62 142.86 96.76 10/2212002 103.62 " none 51.3154.5 RICKORDS, SHANNON 102.83 48.55 54.28 09/18/2002 158.15- 34.0786.6 RILEY, MARK 201,85 83.15 69.15 49.55 1.4100.5 RINCOVER, LAWRENCE 168.11 125.42 42.69 10/23/2002 43.67 - 22.1508.1 RIVERA, ROBERT 91.25 88.31 2.94 10/17/2002 77.82 - none 10.0078.1 ROBERSON, JACK 53.23 46.38 6.85 10106/2002 15.24 - 14.3718.2 ROBERSON, LEE & TAUNI 113.55 96.46 17.09 10101/2002 100.00 - 21.0492.1 ROBERTS. CHARLES 100.11 56.77 43.34 10/21/2002 41.38 - none 50.0072.5 ROE, BILL 161.59 59.57 34.35 67.67 09/17/2002 63.24 - 74.2632.4 ROE. WILLIAM JR 95.46 44.77 50.69 10/23/2002 70.00 - 35.1222.2 ROHNBACH, DAVID 52.96 46.27 6.69 10/16/2002 45.00 - 6.9834.1 RON LEA 35.89 25.56 10.33 09/16/2002 20.66 - 22.0914.1 RUCKER, JEAN 152.61 88.47 64.14 10/2212002 60.00 - none 2,3180,1 RYAN, WALTER 142.73 70.90 71.83 10/2212002 100.00 - none 74.3244.2 SARGENT, RICHARD & TERES 115.04 74.31 40.73 10/23/2002 80.48 - 2.5680.1 SAXTON,CORY 220.69 11.32 94.41 114.96 06/19/2002 76.22 - none 42.2046.2 SAYLES, BRETT & JENNIFER 123.95 56.93 87.02 10/08/2002 66.04 - 22.1386.1 SCHAEFFER, MICHAEL 83.08 71.15 11.93 10/22/2002 152.00 - none 31.3266.3 SCHLITT, GARY 168.11 120.52 47.59 10/24/2002 50.87 - 34.2122.1 SCHMIDT, GLEN 139.64 65.25 74.39 09/17/2002 95.95 - none 32.1642.1 SCHMIT, JAMES 83.23 49.39 33.84 10/17/2002 45.00 - none 21.1870.1 SCHOPPELREY, DOUGLAS & C 90.21 85.15 5.06 11/13/2002 90.88 " none 32.0622.4 SCHUSTER, BILL & LESLIE 271.47 89.60 59.84 65.72 56.31 11/07/2002 5.00 " 22.1636.4 SCOTT, CHUCK & TIFFANY 44.78 44.51 .27 11/18/2002 48.00 - 65.3108.1 SCOTT, DANNY 181.19 71.89 44.65 64.65 09/17/2002 33.58 - none 3.0677.1 SECOASSOCIATES INC 15.34 9.90 5.44 09/18/2002 14.12 - none 22.2112.2 SEMANCIK JOHN 103.71 57.59 46.12 10/17/2002 44.16 - 43.0120.2 SESSION, DUANE 108.23 63.47 44.76 10101/2002 25.00 - ... in Msg column indicates no Notice is to be sent CITY OF MERIDIAN Delinquent Account List- council Page: 11 Standard Payment Customers Nov 19, 2002 02:41pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquen! Balance Last Pm! Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Dale Amount Msg 47.1094.1 SHADOW MOUNTAIN CONSTR 11.42 7.94 3.48 47.1096.1 SHADOW MOUNTAIN CONSTR 10.44 6.96 3.48 42.2040.2 SHAHL, KARIN 147.81 68.37 79.44 09/25/2002 101.00 - 20.1910.1 SHEA. JOE & SUZANNE 122.65 63.63 59.02 10/15[2002 65.86 - none 320970.4 SHEARER, JOE & RENEITA 195.01 133.70 61.31 21.1138.3 SHEL TROWN, ROGER 219.32 116.85 102.47 09/23/2002 106.39 - 74.3960.1 SHERARD, BILL 92.93 49.05 43.86 10/22/2002 50.00 - none 51.0930.2 SHOBE, MONTY & CAROL 59.34 29.73 29.61 09/17/2002 60.20 - 50.0292.1 SHOEMAKER. TAMI 90.60 51.15 39.45 10/15/2002 60.00 - none 2.4860.1 SHURTE, JAN 92.59 91.96 .63 10/22/2002 53.18 - none 21.0208.1 SILSBY, TERRY 303.23 80.29 131.54 89.40 2.00 09/23/2002 131.41 - none 34,05282 SILVA. STEVEN 97.71 67.71 30.00 11f18/2002 35.06 - 32.0862.2 SILVA, TAMERA 128.32 116.00 12.32 10/29/2002 50.00 - 50.1920.5 SILVEY, BRYAN 78.33 41.69 36.64 10/25/2002 40.56 - 4.1302.1 SIMS, ELLEN 84.22 55,92 28.30 09/12/2002 26.34 - 21.2836.2 SINGLETON, RODNEY 271.15 215.85 55.30 10/15/2002 100.00 - 35.0464.2 SMALLWOOD. MATT 48.18 43.83 4.35 10/11/2002 30.00 - 2.1200.1 SMART, B & K STEWART 160.02 105.68 54.14 10/21/2002 80.00 - none 51.0498.1 SMITH, KARL 118.00 44.11 73.89 11/01/2002 90.00 - none 50.0012.1 SMITH. PAUL H. 51.28 39.21 12.07 10/28[2002 60.00 - none 50.0154.4 SMITH. RON 76.68 39.87 36.81 74.3480.4 SMITH, RON & VICKI 75.70 36.93 38.77 10/2212002 37.79 - 21,2168.2 SMITH, RORY 164.61 78.03 86.58 10/21/2002 90.00 - 32.1766.1 SNOW, JONATHAN 93.23 92.73 .50 10/22/2002 94.48 - none 51.3090.3 SOL TAU, CYRIL 68.08 33.12 34.96 10/2212002 36.92. 32.1576.1 SON, DAVID & SHELLlE 103.94 36.81 67.13 10/03/2002 86.00 . none 33.2646.1 SONDERMAN, MARTIN 96.18 52.33 43.83 .02 10/21/2002 41.00. none 32.1078.1 SORELLE. MAURICE & NELLIE 62.63 48.73 13.90 10/22/2002 102.76 - none 2.3430.1 SPEARS, BRYCE J. 201.78 163.70 38.08 11/18/2002 70.00 - none 4.1568.1 SPENCER, KARL 84.48 79.78 4.70 10[21/2002 83.06 - none 32.1686.3 ST GEORGE. JASON 70.39 55.11 1528 10/29/2002 45.00 - 21.0136.2 STARK, MIKE 93.90 52.69 41.21 10/18/2002 40,25 - 19.7190,2 STAUFFER, JOHN 94.93 59.69 35.24 09/24/2002 52,17 - 32.0824.4 STEVENS, LARRY 152.76 110.18 42.58 11/18/2002 60.00 . 74.0048.5 STEWART, ROBERT 159.02 112.90 46.12 09/17/2002 192.73. 42.3056.4 STINAR. ILENE 64.61 50.21 14.40 10/21/2002 40.00 - 21.0152.2 STODDARD. NORMAN 152.54 86.74 65.80 10/23/2002 75.00 - 50.4482.3 STONE,HAROLD 83.54 41.83 41.71 10/15/2002 40.73 - 22.1406.2 STRAIGHT, PHILLIP 99,31 56.73 40.58 10/01/2002 100.00 - 21.2922.3 STUART. DEAN & DIANE 213.09 147.37 65.72 10/23[2002 64.34- 2.0958.7 STURMAN, STEPHEN 195.93 110.12 62.29 23.52 10[10/2002 36,81 - 34.2879.1 SUPERIOR CONSTRUCTION 13.92 6.96 3.48 3.48 08[19/2002 3.48- 31.3468.2 SUTTON III, DONALD 106.74 93.52 13.22 10/21/2002 80.00 - 20.0424.2 SUTTON, RICHARD 102.26 58.05 44.21 10/04/2002 46,00 - 51.1134.1 SWCR 47.98 47.98 12/04/2000 12.96 - 51.1129.1 SWCR CORP 482.39 226.94 255.45 09/25/2002 247.61 - 69.1278.1 T C MILLER 223.79 56.73 78.14 88.92 08106/2002 300.86 - none 69.0484.6 T ADEVIC, TOM 135,51 62.93 72.58 10/15/2002 102.62 - 2.3370.2 TALBOTT. BYRON 87.81 87.81 10/10/2002 48.63 - 74.2398.1 TARTER, KELLY 126.69 59.01 67.68 10/17/2002 129.42 - none 74.2698.2 TAYLOR, DARRELL 68.16 39.53 28,63 09[19[2002 5628 - 6.1260.1 TAYLOR, VAL 116.86 57.94 28.97 29.95 08[27/2002 4.46- 2.1190.1 TERRELL, A 130.27 87.58 42.69 10/21/2002 86.10 - none 34.0432.1 TERRIQUEZ, FRANCISCO MAG 212.52 116.39 96.13 10/2212002 129.07. none 4.12902 TERRY. MATTHEW 110.63 64.36 46.27 09/10/2002 8960 - ... in Msg column indicates no Notice is to be sent ( CITY OF MERIDIAN Delinquent Account List- council Page: 12 Standard Payment Customers Nov 19, 2002 02:41 pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquent Balance Last Pml Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 53.0540.1 THE LEARNING GARDEN 195.49 103.57 69.33 22.59 08/19/2002 7.55 - 32.1654.1 THIELE, STEPHEN 78.82 78.65 .17 11/1212002 65.00 - none 74.3536.2 THOMASON, CHAD & LAURA 79.31 37.77 41.54 10118/2002 46.44 - 50.2110.2 THOMPSON, RHONDA 92.04 44.61 47.43 09/17/2002 89.96 - 1.1950.1 THORNE, TORY 414,84 268.50 146.34 10/2212002 143.40 - none 1.1940.1 THORNE, TORY L 290.41 189.36 101.05 10/2212002 102.03 . none 2.5360.1 TIDWELL, ROBERT 106.51 105.56 .95 1111812002 62.00 - none 13.8902.1 TIMBERSTONE BUILDERS 43.23 39.75 3.48 74.3610.3 T J INVESTMENTS 90.43 45.29 45.14 1012212002 45.14 - 50.4022.3 TORGESON,MATTHEW 78.96 40.03 38.93 0912312002 78.84 - 50.2160,2 TORRES. MARIA & ROBERTO 80.92 40.03 40.89 0912612002 61.78 - 42.2714.3 TOWNSEND, DAVE & JOYCE 109.17 109.17 2.3842.1 TRAVIS, ROYAL 72.45 42.46 29.99 08107/2002 55.88 - none 34.1646.2 TROMPKE, RON 116.33 75.69 40.64 10/28/2002 130.00 - 25.4090.1 TUSCANY HOMES 320.49 17.47 210.71 17.35 74.96 25.4026.1 TUSCANY HOMES 109.48 109.48 34.2104.1 TYLER, HEIDI 151.66 96.55 55.11 10/2412002 60.79 - none 50.4522.1 UGARRlZA, SHELBY 112.51 42.67 64.08 5.76 1012212002 100.00 - none 50.0506,2 ULMER, NIKI 86.80 44.93 41.87 0912312002 43.83 - 52.0263.1 UNDER THE ONION 248.04 169.10 78.94 1012812002 61.30 . none 4.1418.1 URIAS, LUIS & MARIA 204.32 118.02 86.30 1010812002 8S.30 - none 74.2876.1 USSERY. TRACY 128.03 63.11 64.92 1 012212002 67.86 - none 20.3221.1 VALLI BUILDERS 152.58 19.80 19.80 112.98 0311112002 32.96 - 42.2106.2 VANLEUVEN,BRENDA 214.71 88.89 125.82 1012412002 102.30 - 19.0120.2 VANLEUVEN, MATTHEW 84.75 47.13 37.62 1011512002 39.58 - 42.2500,2 VANSICKLE. LARRY & TRUDY 135.39 65.59 69.80 10117/2002 106.66 - 2.0466,1 VICK, WILLIAM & KELLY 184.67 113.72 70.95 10121/2002 70.95 - none 6.1991.1 VIENNA WOODS HOA - SPRINK 55,14 40.28 14.86 10/23/2002 16.22 - 4.1977.1 VINEYARDS HOMEOWNERS A 120.73 120.10 .63 10/23/2002 125.00 - none 5.0714.1 VIRDEN, MICKI 121.23 120.56 .67 10/2812002 108.00 - none 50.3742.2 VNUK, JOHN 105.75 94.43 11.32 1111812002 170.00 - 22.0318.1 VOORHEES, MICHAEL 98.79 58.07 40.72 0911812002 94.18 - none 74.2690.3 VUITTONET, JUAN 246.29 52.15 101.98 92.16 0910412002 200.00 - 1 .4692.3 VWR INTERNATIONAL 111.74 73.24 38.50 0911712002 46.80 - 35.5017.2 WAGEMAN, CLINT 69.56 42,97 26.59 1011512002 50.00 - 19.7152.1 WALKER, STEVE 92.27 50.89 41.38 1010112002 42.36 - none 46.0860.2 WALMER, TAMMY JO 71.39 47.13 24.26 1 010812002 50.00 - 32.1306.2 WALSH. DAVID & CARA 97,17 52.85 44.32 1 012212002 42.36 - 1.3340.1 WALSH, RON 136.52 136.52 01116/2002 29.17 - "*none 22.1734.1 WALTERS. J. SCOTT 102.38 56.91 45.47 09117/2002 102.70 - none 200190.1 WARD, LINDA K 116.46 89.57 26.89 11104/2002 50.00 - none 21.2240.1 WARD, MIKE 144.25 79.33 64.92 10104/2002 64.92 - none 10460.3 WARDLE, JOHN & CHERYL 69.50 67.54 1.96 09/23/2002 27.28 - 32.0662,3 WARE. RANDY & BETH 137.13 86.60 50.53 09/17/2002 62.29 - 25.4048,2 WATSON CONSTRUCTION 218.97 66.93 37,79 66.81 47.44 31.2230.1 WATTERS. TAMI 94.97 44.97 44.82 5.18 10/1812002 22.90 - none 51.3198.3 WEAST. WESLEY 127.04 66.03 61.01 0911712002 87.47 - 2.6080.1 WEBB, GERALD 88.92 68.34 20.58 1010912002 67.62 - none 21,1412.2 WEISWEAVER, CHARLES 85.39 54.13 31.26 1010912002 60.00. 1.1110.2 WEST, JONI 301.77 91.50 210.27 1011012002 102.18- 50.4530.2 WEST, ROBERT & JONI 100.20 43.79 43.67 12.74 1011012002 43.67 - 22.0474.1 WEST, ROBERT A 191.93 92.39 99.54 1011012002 83.22 - none 2.0922.1 WEST. THOMAS 81.60 57.50 24.10 0911312002 60.00 - none 313322.1 WESTON. DECKER 164.61 109.82 54.79 0911612002 114.48 - none 37.3808.1 WESTROCK HOMES 52.17 17.47 17.35 17.35 07103/2002 116.72 - ... in Msg column indicates no Nolice is to be sent ( CITY OF MERIDIAN Delinquent Account Lisl- council Page: 13 Standard Payment Customers Noy 19, 2002 02:41pm Current Period: 11/30/2002 No Delinquent Minimum AmountDelinquenl Balance Last Pmt Last Pmt Cust No Name Balance Non-Delinq 09/30/2002 08/31/2002 07/31/2002 Date Amount Msg 6.9214.1 WESTROCK HOMES, INC. 81.15 81.15 16.3508.2 WHITMIRE, SCOTT & SYNDI 73.28 40.89 32.39 09/09/2002 75.56 - 74.0064.2 WHITSITT, JOSEPH 82.26 46.73 35.53 10/22/2002 100.00 - 35.0097.2 WHITTED, NEIL & CHRISTINE 89.96 50.21 39.75 09/17/2002 82.44 - 5.0792.1 WICK, DON 252.78 152.98 99.80 10/2112002 96.00 - none 52.0262.1 WILD SHAMROCK LLP 563.69 273.26 290.43 10128/2002 252.83 . none 69.1304.1 WILDE, KENNETH 257.41 103.79 153.62 1012112002 160.46 - none 43.0330.2 WILKEY, THAD & LORI 66.65 59.55 7.10 11/05/2002 40.00 - 2.2040.1 WILLIAMS, FRED 190.22 88.56 54.45 47.21 10/21/2002 20.00 - none 46.0214.1 WILLIAMS, SHANE 198.04 132.17 65.25 .62 10/23/2002 80.00 - none 22.1354.1 WILLIAMS, TERRI 223.25 120.35 102.90 10/22/2002 109.96 - none 34.1954.1 WINGATE, DIANE 121.70 68.07 53.63 10/22/2002 56.57 - none 74.0094.3 WINWOOD, RANDY & CATHY 106.32 79.59 26.73 11/05/2002 110.00 - 14.3006.2 WOOD, DOUGLAS & MELANIE 93.70 93.52 .18 10/21/2002 43.00 - 31.3344.1 WOODRUFF, NOEL R 126.91 126.26 .65 11115/2002 110.00 - none 34,1506.2 WOODWARD, ROBERT 52,12 44.65 7,47 10122/2002 60.00. 32.1632.1 WRIGHT, MICHAEL & SUSAN 95.84 52.17 43.67 10121/2002 42.69 - none 74.0338.1 YEAGER, RODERICK S. 69.14 32.67 36,47 10/17/2002 80.31 - none 74.3348.6 YEATTS, PAMELA 87.98 44.31 43.67 74.0372.3 YELTON, LAURA 102.16 45.75 56.41 10/16/2002 60.84 - 22.0814.1 YELVERTON, MARC 324.08 41.01 85.59 43,83 153.65 06/25/2002 167,42 - none 2.0670.1 YOUNG, AUSTIN L 105.62 71.80 33.82 10/21/2002 36.76 - none 7.1072.1 YOUNG, MIKE & ROBIN 124.37 106.14 18.23 10/24/2002 111,57 - 22.1130.1 ZARAK, LEE & JENNIFER 120.07 58.89 61.18 09/25/2002 66.00 - none 50.3784.1 ZAVALA, JOSE 38.57 36,27 2.30 11/15/2002 70.00 - none 51.3110.2 ZEIMER, DALLENE 50.88 28.38 22.50 10/09/2002 35.00 - 46.0446.1 ZIMMERMAN, WILLIAM 57.37 57.07 .30 11105/2002 49.55 - none Grand Totals: 97,916.96 56,728.61 34,147.57 3,982.21 3,058.57 Report Criteria: Terminated customers not inCluded Customer.Cust No :: {<:} 9900000 ... in Msg column indicates no Notice is to be sent == u Z :::l o U o I-- I-- Z W ~ u.. "<t u.. 0 0 c0 I-- 0 :::l Q::: :r: <( <n W ....J >- <( ....J :::l <( I-- U U V'> <( u: "<t o c0 o Q::: <( UJ >- ....J <( U V'> u: u.. u.. o I-- :::l :r: V) ....J <( :::l I-- U <( (') o N o Q::: <( w >- ....J <( U <n u: ....J a z :::> o U o I-- I- Z W ~ (') o N o C<: <( UJ >- ...J <( U !,2 u.. u.. C'l u.. 0 0 I I- 0 :::l Q::: :r: <( V'> W ....J >- <( -' :::l <( I-- U U <n <( u: == N U 9 z :::l 0 0 C<: U <( '" w "" 0 >- 1U "<t :l: I-- ....J g 0 ........ I- <( (') (') z UJ U => ~ V) u u: :r: fu c.:: >- 0<: I-- 0<: co lLJ >-- lLJ : : z lLJ ~ ea 0<: Q( :.r: t- ea 0 co ~ :3 <( <n ~ . . S? ~ ::) u ::) -' ~ lLJ = lLJ lLJ <( U Q( 0<: >- >-- 0 t- U 0 z co <( Q( <( z z -' ::) a.. I-- lLJ <( lLJ Q ::::. ::) ::) lLJ 0 0 z a -, u... ~ <:( ~ -, -, -, <( <n I- U. N U. 9 0 ...... I- 0 :::I lk: :I: <! In W ...J >- <! ...J :::I <! I- 0 U In <! ii: ...J N (3 9 z ...... 0 :::I lk: 0 u <! w 0 >- I- ...J I- <! z u w ~ ::: u. u. ...... u. 0 0 .:. I- 0 :::I lk: :I: <! In W ...J >- <! ...J :::I <! I- 0 U en <! ii: ...J ...... u 9 z 0 0 :J lk: 0 0 <! w 0 >- I- ...J I- <! z U w ~ ::: u. u. 0 u. 9 0 m I- eD :::I lk: :I: <! In W ...J >- <! ...J :::I <! I- U 0 en <! u: ...J 0 U 0 a, Z C'l :J lk: 0 U <! w 0 >- I'- ("') 0 I'- I'- V co I'- 0 co v I- ...J V t(J l() I'- Q) l() '" v co Q) 0 I- <! ....... ~ co I'- (D <0 (D '" t(J t(J <0 Z 0 '110 W In ~ u: lL :I: lL lk: 0 l- lk: lk: Z >- W Z 0 lk: w w >- 0::: to 0::: :E w to to 0::: <! I- :::E ::l to :::E :::E <! :J :J: en W ...J I- 0 W W :J lk: 0 ...J W W >- :J I- <! 0 I- > U Z aJ lk: ii2 >- z Z ...J (!) a. I- Z ~ t u 0 w <! w <! a. <! :J :J :J :J W 0 t ~ 0 Z 0 ...., u. :E <! :::E '"') '"') ...., <! en I- ( . ( Item Packet Pickup MEETING DATE: '1Lo V WVL f:wu Iq J ~OD2- & 'iui CD lUrZ iJ.. s J \I t ( ~ ~" < IT ~ ('i\ lli .--r \ 1 '\ X' q " [<) r ~/ ~\C"-v-e7 R, ~'i\:e.. I~,#/f{....wi\ II-,Co {\/5'" I ~ ___/ !?n-JI.J2 ) 1fJ'l.---Jf:) ,j P}/;" J I-I gJ 3' ~'!'--IG !)' /i /f-i>" (\ f'\ ,/ P / ' vrfA, JAtJ;...o A" 1/- i?1 V: 05' (II L( 'I _v J~I(J;;.;.ek- ~~ ,Jr ft $.--- 1;( f.n dI .rff !il ~{9 (2.-<'ZS v ~1W~ // J I ~ ./ /' ----'d. ~ /F / - ~ - ;::- :::,.. ^ T - 'lV c:::s ~P'''''ZP '7'~/("';.. '"-\.. \ / ~V { ** TX CONFIRMAi'_.4 REPORT ** /'. ( AS OF NOt) 19 '(1",...5:00 PAGE. 01 CITY OF MERIDIAN -----------~----~---------------------~-~--------------------------------------------------- DATE TIME TO/FROM 20 11/19 14:59 92083776449 MODE MIN/SEC PGS CMD~ STATUS EC--S 01'18" 004 047 OK CITY OF MERIDIAN CIlY COUNCIL REGULAR MEETING AGENDA TuesdaYt November 19, 2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Tammy de Weerd _ Bill Nary . _ Cherie McCandless _ Keith Bird _ Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of September 30, 2002 City Council Special Meeting: B. Approve minutes of November 6, 2002 City Council Regufar Meeting: C. Tabled from November 6, 2002= Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivisiol1 by farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Under Road: D. Tabled from November 6, 2002: findings of Fact and Conclusions of Law for Approval: PP 02.009 Request for Preliminary Plat approval of 856 bunding lots and 59 other Jots on 354.38 acres in a proposed R~ zone for proposed Lochsa Falls Subdivision by Farwest lLC and Daniel Gibson - south of West Chinden Boulevard and west of North Under Road: E. Tabled from November 6, 2002; Findings of Fact and Conclusions of Law for Approval: CUP 02.012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 mufti-family dwellings, 11 office bufldings, one commercial buHding, one fire station lot, one city park and one private park for the proposed Lochsa Fans Subdivision by Farwest LLC and Moridi~ City COUJ:lJ:i1 ."Bendlt - N"".mh.. 19. '20ll'2 Page 1 of 4 AlII'IUII.n.:.ls prc.mlcd Ill: pulllic maC!tintl 5ha11 b~amc prQjlcrty ofthB City ofMaidiAn. Anyone dc3iring accommolbEi011 far l!isDbilitico rclox.u 10 tlocumeols ll1dIorhClll'ing,s plasc e<JntaCf lb. City Clerk', Offico Jll 88ll-4433 at lC>.$! 48 &ou.o prior 10 1he public "lCcting- ** TX CONF I RMA\, . ~ REPORT ** AS OF NOV 19 '0~~0:16 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 07 11/19 10:14 208 463 4391 MODE MIN/SEC PGS CMDij STATUS EC--S 01' is'' 004 027 OK -------------------------------~~------------------------------~---------------------~------ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 19, 2002 at 7:00 p.m. City Council Chambers 1. RolI..call Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corne _ BiJJ Nary Keith Bird 2. Adoption of the Agenda: 3_ Consent Agenda: A. Approve minutes of September 3D, 2002 City Council Special Meeting: B. Approve minutes of November 6, 2002 City Council Regular Meeting: C. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: AZ 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Under Road: D. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02-009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest lLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: E. Tabled from November 6, 2002: Finding5 of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single famity dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Fans Subdivision by FalWest LLC and Meridian City Countil ~da - NQve",b.,. 19, 2002 Pase 1 of 4 All materi.l. preJe.llcd ul public mectin.!ll'.halI he""mo propmty ortM City of Meridi..... Anyon. ~$i.rInt aetommOdaliOll [ordis4bilitiee R'laled 10 do~mems 1lJId/<>r b=rings please eolltll<:l lb.. City Clcrl<'. Oflitc at 888-'14)) lltlcast 48 bour.! prio;-lo the public lll&eting. ** COMMUNICATIONS REPORT ** AS OF NOU 19 '02 21:09 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TI ME SEND 0044 SEND 00013'15" RECEIUE 0010 RECEIUE 00004'12" DATE TIME TO/FROM MODE MIN/SEC PGS CMDI:t STATUS 01 11/19 06:32 208 388 6924 EC--R 00'52" 002 022 OK 02 11/19 09:33 EC--R 00'22" 001 023 OK 03 11/19 09:41 PUBLIC WORKS UF--S 00'20" 002 024 OK 04 11/19 09:42 2084664405 EC--S 00'30" 002 024 OK 05 11/19 09:43 2088886854 EC--S 00'30" 002 024 OK 06 11/19 10:07 2088881493 EC--R 00'22" 001 026 OK 07 11/19 10:14 208 463 4391 EC--S 01' 18" 004 027 OK 08 11/19 10:25 G3--R 00'47" 001 029 OK 09 11/19 11:21 208 888 2882 G3--S 00'43" 001 030 OK 10 11/19 11:30 2083362100 EC--S 00'41" 002 032 OK 11 11/19 11:42 EC--R 01'00" 003 034 OK 12 11/19 11:57 PUBLIC WORKS UF--S 00'35" 003 035 OK 13 11/19 11:58 12084664405 EC--S 00'54" 003 035 OK 14 11/19 11:59 2088886854 EC--S 00'46" 003 035 OK 15 11/19 12:33 12084664405 EC--S 00'51" 003 037 OK 16 11/19 13:21 PUBLIC WORKS UF--S 00'15" 001 039 OK 17 11/19 13:45 2088886854 EC--S 00'23" 001 041 OK 18 11/19 14:04 208 388 6924 EC--S 00'24" 001 043 OK 19 11/19 14:08 8889936 EC--S 00'21" 001 045 OK 20 11/19 14:59 92083776449 EC--S 01'18" 004 047 OK 21 11/19 15:09 208 388 6924 EC--S 00'24" 001 049 OK 22 11/19 16:54 EC--R 00' 49" 002 052 OK 23 11/19 21:01 3810160 EC--S 00'25" 001 053 OK 24 11/19 21:02 PUBLIC WORKS UF--S 00'09" 001 053 OK 25 11/19 21:03 12084664405 EC--S 00'19" 001 053 OK 26 11/19 21:04 8841159 EC--S 00'19" 001 053 OK 27 11/19 21:04 2088840744 EC--S 00' 18" 001 053 OK 28 11/19 21:05 2088467366 EC--S 00' 19" 001 053 OK 29 11/19 21:06 208 898 5501 EC--S 00'18" 001 053 OK 30 11/19 21:07 92083776449 EC--S 00'18" 001 053 OK 31 11/19 21:08 208 388 6924 EC--S 00' 19" 001 053 OK 32 11/19 21:09 2088886854 EC--S 00'18" 001 053 OK Jl<>l< TX eoNF' f J ON REPORT >l<>l< ~S OF NOV 19 '02 21 PAGE. 131 CITY OF MERIDIAN D~TE TIME TO/FROM MODE MIWSEC PGS CMDIl ST~TUS 138 11/1921:17 PUBLIC WORKS UF--S 131' is'' 13134 054 OK 139 11/1921:19 1213846644135 EC--S 01' 29" 004 054 OK 10 11/19 21:21 8841159 EC--5 131'29" 004 1354 OK 11 11/19 21:23 213888413744 EC--S 01' 27" 004 054 OK 12 11/19 21:25 2088467366 EC--S 01' 30" 13134 1354 OK 13 11/19 21:27 2138 898 55131 EC--S 131'28" 13134 1354 OK 14 11/19 21:29 LIBRARY EC--S 131' 58" 13134 1354 OK 15 11/19 21:31 92083776449 EC--S 131'28" 13134 1354 OK 16 11/19 21:33 208 388 6924 EC--S 131'58" 1304 054 OK 17 11/19 21:36 2088886854 EC--S 131'27" 1304 054 OK 18 11/19 21:38 89513390 EC--S 131'27" 13134 1354 OK 19 11/19 21:40 2138 387 6393 EC--S 01'28" 0134 1354 OK 20 11/19 21:41 AD~ CTY DEUELMT G3--5 132'22" 13134 1354 OK 21 11/19 21'44 CHERRY L~NE EC--5 131'59" 1304 1354 OK 22 11/19 21:47 2138 888 1983 G3--S 131' 51" 1304 1354 OK 23 11/19 21:49 ID PRESS TRIBUNE EC--S 131'34" 1304 054 OK 24 11/19 21:52 2138 888 67130 EC--S 131'27" 1304 054 OK 25 11/19 21:57 38113160 EC--S 132'313" 13134 1354 OK CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 19,2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: ~ TammydeWeerd --K. Bill Nary ~ Cherie McCandless ~ Keith Bird ----K.... Mayor Robart Corrie 2. Adoption of the Agenda: afft'DI/"~ a~tt. Q.~hda...... 3. Consent Agenda; A. Approve minutes of September 30, 2002 City Council Special Meeting: ~v>e- B. Approve minutes of November 6, 2002 City Council Regular Meeting: ~vu.- C. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: AZ. 02-010 Request for Annexation and Zoning of 354.38 acres from RUT to R.4 zones for proposed Lochsa Falls Subdivision by Farwest lLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: -IwUe ~ W. a~ ~ D. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: PP 02.009 Request for Preliminary Plat approval of 856 building lots and 59 other lots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LlC and Daniel Gibson -- south of West Chinden Boulevard and west pf North Under Road: ~ba. -/'17 ~. 3k:t ~ E. Tabled from November 6, 2002: Findings of Fact and Conclusions of law for Approval; CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LlC and ~ridian CiLyCoun'Jil ^:s~=- N'~b.;:r 1911002- ;P"s<;:,.l of.... Nl m.teri.1s p="'l<<l 01 pub"" ",o..-';"t'.holl booo",. property .rtbe City .rMcridi,ll. Anyone dd::iri.hS &Cl;'ommodmon tor d.i:sil:btUlie$ ..da1erJ.lo documenlll J.ncVcrh~nSi p-lust CooLtIC'llhc: City Clerk's OfliC!l1I SSS-443J J.ll4a.:st 48 hauN prior to the: public I>><<iinc. ** COMMUNICATIONS REPORT ** AS OF NOV 20 '02 05:00 PAGE. 01 CITY OF MERIDIAN TOTAL PAGES TOTAL TIME SEND 0079 SEND 00032'49" RECEIVE 0000 RECEIVE 00000'00" DATE TIME TO/FROM MODE MIN/SEC PGS CMDt:! STATUS 01 11/19 21:09 8950390 EC--S 00'18" 001 053 OK 02 11/19 21:10 208 387 6393 EC--S 00'19" 001 053 OK 03 11/19 21:11 ADA CTY DEVELMT G3--S 00'39" 001 053 OK 04 11/19 21:12 CHERRY LANE EC--S 00'20" 001 053 OK 05 11/19 21:13 208 888 1983 G3--S 00'26" 001 053 OK 05 11/19 21:14 ID PRESS TRIBUNE EC--S 00'20" 001 053 OK 07 11/19 21:15 208 888 5700 EC--S 00'20" 001 053 OK 08 11/19 21:17 PUBLIC WORKS UF--S 01' 15" 004 054 OK 09 11/19 21:19 12084664405 EC--S 01' 29" 004 054 OK 10 11/19 21:21 8841159 EC--S 01'29" 004 054 OK 11 11/19 21:23 2088840744 EC--S 01'27" 004 054 OK 12 11/19 21:25 2088467366 EC--S 01'30" 004 054 OK 13 11/19 21:27 208.898 5501 EC--S 01'28" 004 054 OK 14 11/19 21:29 LIBRARY EC--S 01'58" 004 054 OK 15 11/19 21:31 92083776449 EC--S 01'28" 004 054 OK 16 11/19 21:33 208 388 6924 EC--S 01'58" 004 054 OK 17 11/19 21:35 2088885854 EC--S 01'27" 004 054 OK 18 11/19 21:38 8950390 EC--S 01'27" 004 054 OK 19 11/19 21:40 208 387 6393 EC--S 01'28" 004 054 OK 20 11/19 21:41 ADA CTY DEVELMT G3--S 02'22" 004 054 OK 21 11/19 21:44 CHERRY LANE EC--S 01'59" 004 054 OK 22 11/19 21:47 208 888 1983 G3--S 01'51" 004 054 OK 23 11/19 21:49 ID PRESS TRIBUNE EC--S 01'34" 004 054 OK 24 11/19 21:52 208 888 6700 EC--S 01'27" 004 054 OK 25 11/19 21:57 3810160 EC--S 02'30" 004 054 OK ** TX CONF I RM~i, . IN REPORT **' ( AS OF NOV 18 '02 10:13 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FRG1 10 11/18 10:12 3444785 MODE MIN/SEC PGS CMD~ STATUS EC--S 01' 45" 004 253 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 19,2002 at 7:00 p.m. City Council Chambers 1. Roll-calJ Attendance: _ Tammy de Weerd Cherie McCandless _ Mayor Robert Corrie _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve minutes of September 30. t002 City Council Special Meeting: B. Approve minutes of November 6, 2002 City Council Regular Meeting: C. Tabled from November 6, 2002: Findings of Fact and Conclusions of law for Approval: AZ 02.Q10 Request for Annexation and Zoning of 354.38 acres from RUT to R-4 zones for proposed Lochsa Fans Subdivision by FalWest LLC and Daniel Gibson - south of West Chinden Boulevard and west of North Linder Road: O. Tabfed from November 6, 2002: Findings of Fact and Conclusions of Law for Approval; PP 02-009 Request for Preliminary Plat approval of 856 building Jots and 59 other Jots on 354.38 acres in a proposed R-4 zone for proposed Lochsa Falls Subdivision by Farwest LLC and Daniel Gibson -- south of West Chinden Boulevard and west of North Linder Road: E. Tabled from November 6, 2002: Findings of Fact and Conclusions of Law for Approval: CUP 02-012 Request for a Conditional Use Permit for a PUD for 862 single family dwellings, 171 multi-family dwellings, 11 office buildings, one commercial building, one fire station lot, one city park and one private park for the proposed Lochsa Falls Subdivision by Farwest LLC and Moridian Cily Cotlrl~i1 Agm& - November 19,2002 Png.: 1 of 4 All JJIlItaillla P"'SclltJ:d ot publi~ "",<'ting> ,hall \)ee<)m, property oflha City of Meridian. Anyone dOlliring """"mmocb.tion f.... dillllbiliti.. mllfcd 10 docul"II= '1Ildlot htmnl;S pJ~Ilt. Cilmael tho City Cl<lk"s om.c III ~8&-4433 :t111lllSt 48 houn priOT II> lh. public mooting. ** TX CONFIRMATION REPORT ** 219 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DATE TIME TO/FROM 11/15 12:27 3810160 11/15 12:29 PUBLIC WORKS 11/15 12:31 12084664405 11/15 12:33 8841159 11/15 12:34 2088840744 11/15 12:36 2088467366 11/15 12:38 208 898 5501 11/15 12:40 LIBRARY 11/15 12:42 92083776449 11/15 12:44 208 388 6924 11/15 12:46 2088886854 11/15 12:48 KEITH BIRD 11/15 12:51 8956390 11/15 12:53 Laurel 11/15 12:55 2218 387 6393 11/15 12:57 ADA CTY DEVELMT 11/15 13:00 CHERIE MCCANDLES 11/15 13:02 CHERRY LANE 11/15 13:214 POST OFFICE 11/15 13:07 208 888 1983 11/15 13:121 ID PRESS TRIBUNE 11/15 13:11 208 888 67821 AS OF NOV 15 '02 13:13 PAGE.01 MODE EC--S UF--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S EC--S G3--S EC--S EC--S CITY OF MERIDIAN MIN/SEC PGS 212' 16" 804 01'06" 6214 01'20" 004 01' 19" 2104 01'19" 804 01'221" 8214 81'18" 8214 81' 43" 864 01' 18" 804 01'43" 0214 81'18" 0214 82'48" 084 01'18" 084 81' 19" 004 81'18" 084 02' 28" 804 81'41" 2104 81'44" 804 82' 17" 604 61' 46" 884 81' 18" 804 01' 18" 804 CMDJ:I 216 216 216 216 216 216 216 216 216 216 216 216 216 216 216 216 216 216 216 216 216 216 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK -------------------------------------------------------------------------------------------- ? luv')e.. ? O~1:: t;, ( 'Y /,L-b-LLc. 1Lo-k f.e., - 11vuvl t.-~ ! CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, November 19,2002 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Tammy de Weerd Cherie McCandless Mayor Robert Corrie 2. Adoption of the Agenda: 3. Consent Agenda: Bill Nary Keith Bird A. Approve minutes of September 3D. 2002 City Council Special Meeting: B. Approve minutes of November 6, 2002 City Council Regular Mp.p.tinn.